TERMS OF USE
Introduction
Welcome to EduNational LLC’s (the “Company,” or “EduNational”) Dysolve® website (the “Website”). The following Terms of Use (the “Terms”) is a legal contract between you and the Company regulating your use of the services described and offered on the Website, including use of the Content (as defined herein) (the “Services”). Visitors and users of the Website or the Company’s Services are referred to individually as “User” and collectively as “Users”.
PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE. THEY GOVERN YOUR USE OF THE WEBSITE OR MOBILE APPLICATION SITE. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE WEBSITE OR THE SERVICES OR BOTH, YOU ACKNOWLEDGE THAT YOU ARE RECEIVING A BENEFIT FROM THE COMPANY, AND THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (WITHOUT MODIFICATION), INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS MADE BY THE COMPANY (COLLECTIVELY, THE “TERMS”). IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE FOLLOWING TERMS (WITHOUT MODIFICATION), WE RECOMMEND THAT YOU REFRAIN FROM USING THE WEBSITE OR THE SERVICES.
The websites located at www.dysolve.ai, www.dysolve.com, www.solvedyslexia.com, and www.edu-national.com (the “Website”), and all the content contained therein, is copyrighted work belonging to EduNational. EduNational grants you the right to use the Website subject to the Terms set forth below.
Please note: EduNational’s Dysolve© is technology that helps individuals identify and correct the language-processing problems underlying dyslexia (“Dysolve”). As described further herein, EduNational makes no claims, guarantees, warranties or promises regarding the efficacy of Dysolve.
Privacy Policy
Your privacy is important to the Company. The Company’s Privacy Policy is hereby incorporated into these Terms. Please review the Company’s Privacy Policy at www.dysolve.ai/terms-privacy/#privacy (“Privacy Policy”).
Product Offerings
Please be aware that some products, services, or product features described on the Website may not be available in your jurisdiction and generally may not be available outside of the United States. The laws of each country, state, and/or territory may differ and not all Company products or Services are available in all locations. References to Company products or Services unavailable in your jurisdiction do not imply that these products will be made available to you, and nothing on the Website shall be considered a solicitation to buy or sell a service to any person in any jurisdiction where such offer or solicitation, purchase or sale would be unlawful under the laws of that jurisdiction.
License
All of the information and content on the Website including but not limited to all text, graphics, photos, artwork, games, software applications and code, video, audio, skype and HipChat sessions, telephone calls, online communication and instant messaging, and user interface design, and any downloadable media, whether provided for free or only to subscribers, including but not limited to downloadable posters, brochures, courses, webinars, workshops, etc., and any content the Company hosts, or communicates, or transmits, whether on social media, or via any other means, or any comment the Company makes regarding the social media content of a party other than the Company, (the “Content”) is the property of the Company, or its affiliates, if any, or is being used by the Company with the express permission of a licensor, and is protected by copyright laws throughout the world. You may not modify, reproduce, copy, distribute, transmit, display, publish, download or upload, sell, license, create derivative works of or use any aspect of the Website or its Content for commercial or public purposes or for any other purpose not expressly permitted by these Terms. All paid-for Content is intended to be, and may only be used by, the User who has paid to access such Content for the sole purpose of resolving their language processing problems. You may neither sell nor assign your access to the Services, under any circumstance. Nothing herein shall be construed to restrict the Company’s rights to pursue all remedies available to it hereunder, at law or in equity, against any person for any unauthorized use, or unauthorized facilitation of use by another, of the paid-for Content, including, without limitation, a decree of specific performance and/or injunctive relief, and the exercise of any such right by the Company shall not prohibit the Company from seeking to enforce damages pursuant to any other Section hereof or otherwise available under the applicable law. The use of the Content on any other website or in a networked computer environment for any purpose, or any other publication, republication, redistribution or use of the Content, including, without limitation, framing the Content within another site, is expressly prohibited without the prior written consent of the Company which may be withheld at the sole discretion of the Company. All copyright and other proprietary notices on any Website Content must be retained on any copies made thereof, including all Dysolve®, Coral Method®, and EduNational® trademarks. Any unauthorized reproduction or modification, distribution, or performance of any Website Content is strictly prohibited. EduNational and its licensors reserve all rights not granted in these Terms of Use.
From time to time, the Company may post certain articles to the Website, which may or may not have been written by the Company. Similarly, from time to time, certain Users may be granted access to, and may access, certain Company blogs, Websites, or communal discussion boards (i.e. message boards, chat-rooms, etc.,) (“Supplemental Content”). This Supplemental Content shall be considered Content for the purpose of this Agreement between the Company and the User.
Trademarks
All trademarks, logos, URLs and domain names and service marks (each a “Mark” and collectively the “Marks”), registered or not, including without limitation “EduNational,” and “Dysolve” and “Coral Method” displayed on the Website are property of the Company or otherwise the property of third parties. You are not permitted to use, copy, download, display, transmit or modify any of these Marks in any way without the prior written consent of the rightful owner of the Mark, whether the rightful owner be the Company or a third party. You may not include the Company name, any Mark or any variation of the foregoing, as a metatag, hidden textual element, or any other indicator that may create an impression of affiliation, sponsorship, endorsement or any other relationship between you and the Website or the Company.
Modification
The Company reserves the right, at any time, to modify the Website, the Services, and/or the Content or to modify, suspend, or discontinue the Website, the Services, and/or the Content or any part thereof with or without notice. You agree that The Company will not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, the Services and/or the Content.
Feedback
All feedback (the “Feedback”) submitted to the Company via this Website by the Users shall be deemed and remain the property of the Company. The Company may use such Feedback, any ideas, concepts, know-how or techniques contained in the Feedback, for any purpose, anywhere and in any format. So that we may incorporate such Feedback into the Website and/or the Services, EduNational alone will own all right, title and interest, including all related intellectual property rights, in and to all Feedback submitted by any User. The Company shall not be subject to any obligations of confidentiality regarding such information, except as specifically stated, if at all, in our Privacy Policy, or otherwise required by law. The Company advises its Users that the Company does not want to receive and prohibits Users from providing any feedback containing information that may reasonably be found to be defamatory, threatening, obscene, harassing or otherwise unlawful or offensive, or that incorporate the proprietary material of another without authority.
Third Party Links and Content
From time to time, the Website may provide information from or contain links to other websites, operated by third parties. Such links are for your convenience only and do not imply any affiliation with, or an endorsement, authorization, sponsorship or promotion of the non-Company website or its owner, and the Company does not review, approve, monitor, endorse, warrant, or make any representations with respect to third party websites or the accuracy of the content contained therein. Such third party websites, and any content contained therein, including but not limited to any opinions, advice, statements, services, offers, or other information expressed or offers made available by a third party or any link contained in a third party website (the “Third Party Content”), are the content of the third party, and not under the control of the Company. If you decide to access any Third Party Content linked to or from the Website, you do this entirely at your own risk. Third party websites are subject to their own terms and policies, including privacy and data gathering practices. The Company assumes no responsibility for Third Party Content.
Warranty Disclaimer
THE COMPANY IS PROVIDING THE WEBSITE AND THE WEBSITE CONTENT, INCLUDING ALL SOCIAL MEDIA CONTENT, AND ANY RELATED CONTENT, AND THE SERVICES (AS DEFINED HEREIN), ON AN “AS IS” BASIS FOR USE AT YOUR OWN RISK. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND QUIET ENJOYMENT. THE COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE WEBSITE CONTENT OR THE INFORMATION PROVIDED ON THE WEBSITE. INFORMATION AT THIS WEBSITE MAY NOT BE CURRENT AT THE MOMENT YOU VISIT THIS WEBSITE AND MAY CONTAIN ERRORS. THE CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE SUSTAINABILITY, USEFULNESS OR EXPECTED RESULTS OF THE CONTENT, SERVICES, PRODUCTS OR FUNCTIONS PROVIDED ON THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES IN WHICH EVENT ANY REQUIRED WARRANTY APPLIES TO THE MINIMUM EXTENT LEGALLY REQUIRED.
BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE WEBSITE OR THE SERVICES OR BOTH, YOU ACKNOWLEDGE YOUR FULL AND UNCONDITIONAL UNDERSTANDING AND AGREEMENT THAT THE ADMINISTRATION OF THE SERVICES INVOLVES WORKING WITH A UNIQUE INDIVIDUAL AND THAT, THEREFORE, NO SPECIFIC RESULTS ARE GUARANTEED TO BE ATTAINABLE AND THAT PRIOR RESULTS OF OTHER OF THE COMPANY’S CLIENTS ARE NOT INDICATIVE OF WHAT YOUR RESULTS MAY OR MAY NOT BE. FURTHER, BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE WEBSITE OR THE SERVICES OR BOTH AND, YOU VOLUNTARILY, HEREBY (I) CONFIRM THAT NO WARRANTY, GUARANTEE OR OTHER ASSURANCE HAS BEEN MADE TO YOU IN CONNECTION WITH THE SERVICES, AND (II) AGREE TO RELEASE AND HOLD HARMLESS THE COMPANY, ITS OFFICERS, EMPLOYEES AND AGENTS FROM ANY CONSEQUENCES OF THE SERVICES PROVIDED.
IN THE CASE OF ANY CONFLICT BETWEEN ANY OF THE LANGUAGE CONTAINED HEREIN, AND ANY SUBSEQUENT AGREEMENT ENTERED INTO BETWEEN YOU AND THE COMPANY, YOU UNDERSTAND AND ACKNOWLEDGE THAT THE LANGUAGE OF SUCH SUBSEQUENT AGREEMENT WILL CONTROL, UNLESS STATED OTHERWISE IN THAT SUBSEQUENT AGREEMENT.
Limitation of Liability
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR THE CONTENT OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY. THE COMPANY’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF USE, THE WEBSITE, OR THE WEBSITE CONTENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT OF (I) FIFTY DOLLARS, OR (II) THE MINIMUM AMOUNT ALLOWED BY THE CONTROLLING JURISDICTION’S LAW.
Indemnity
You agree to, at your own expense, indemnify, defend and hold harmless the Company, its affiliates, employees, representatives, agents, subsidiaries, licensors, suppliers, partners, officers and directors, from and against any and all claims, costs, damages, liabilities, fees and expenses (including reasonable attorneys’ fees) (“Claims”) arising from any third-party claim, action, suit or proceeding, to the extent that such Claim arises out of or relates to any (i) act or omission by you, your affiliates, your related parties, or your representatives, relating to the Content or the Website and /or otherwise in connection with this Agreement, affecting or relating to any third-party, (ii) your use of the Services, (iii) your violation of applicable laws, rules or regulations in connection with your use of the Services, or (iv) your Feedback, use of or contribution to the Content. In such case, the Company will provide you with written notice of such claim, suit or action.
Amendment
The Terms are subject to occasional revision. Please review them periodically for current information. If EduNational makes any substantial changes, EduNational will, and you authorize EduNational to notify you by sending you an email to the last email address you provided to EduNational (if any EduNational may have in its records) and/or by prominently posting notice of the changes on the Website. Any material changes to these Terms of Use will be effective upon the earlier of ten (10) calendar days following EduNational’s dispatch of an email notice to you or ten (10) calendar days following EduNational’s posting of notice of the changes on the Website. These changes will be effective immediately for new users of the Website. Continued use of the Website following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of this Website.
Payment and Refunds
The fee for the Services is billed to the User in advance on a monthly (or as otherwise mutually agreed to) basis, pursuant to the User’s particular subscription plan. The various subscription plans can be viewed here. There will be no refunds for the Services, for any reason, including termination by the Company in response to the User’s failure to abide by that User’s Plan. In order to ensure equal treatment of all Users, no exceptions will be made to this policy in any circumstance. Notwithstanding the foregoing, EduNational reserves the right to issue refunds for users on certain discounted, 6-month and yearly plans, at EduNational’s sole discretion. There will be no credits for partial months of a User’s use of the Services. You are solely responsible for properly cancelling your EduNational subscription. An email or support request is not considered cancellation. If you cancel the Service before the end of your current paid-up month, your account will remain active until the next due date. After the due date, if no payment is received, your account will be disabled. Upon termination or cancellation of the Services, you are entitled, upon your request within thirty (30) days of such cancellation or termination, to obtain a copy of your records by emailing us.
Monitoring Use
The Company reserves the right to monitor any and all use of the Website, in its sole discretion. However, unless required by law, the Company has no obligation toward any User to conduct such monitoring or take any action based on any monitoring the Company may conduct. In addition, the Company reserves the right to make record of any interaction with the Website, and the Content therein, by any User or other person, without providing notice to such User or person of such recordation. Notwithstanding the foregoing, should any User wish to not have their interactions with the Website or the Content therein recorded, such User can contact EduNational by emailing us with the subject heading “record” and the body of the email reading “opt-out,” followed by that User’s unique User ID.
Termination
The Company may, at any time, terminate your use of the Services (A) if you have breached any of the terms of this Agreement (or have acted in a manner which indicates that you do not intend to, or are unable to comply with this Agreement); (B) if the Company is required to do so by law; and (C) upon thirty days prior written notice, for any reason. A User may be provided by the Company with a proposed plan for that User’s use of the Services (“Use Plan”). Upon written notice by the Company to any User of such User’s failure to adhere to, or reasonably close to the Use Plan, such User shall have ten (10) days, or an otherwise reasonable period in the Company’s sole direction, to resume adherence to the Plan (“Cure Period”), after which Cure Period, continued failure by such User shall constitute grounds for immediate termination of the User’s use of the Services by the Company.
Security
Users should be aware that in general, information sent through the Internet is not secure. Email services that may be provided through this Website generally are not encrypted and do not provide a secure and private means of communication with us. Certain, noted Services offered on this Website do provide a secure means to communicate with us. For certain types of communications through this Website, we may require the use of encryption technologies provided for your protection and/or require you to use User identification information (the “User ID”) and passwords. You are responsible for the confidentiality and use of your User ID, password, and any other information that the Company or the Website may request or require, from time to time. If you become aware of any loss, theft or unauthorized use of your User ID, password or any other information that the Company or the Website may request or require from time to time, you must immediately notify the Company.
Entire Agreement
These Terms of Use represent the entire agreement between the Company and any and all Users relating to the subject matter herein. If any provision of these Terms of Use are considered unlawful, void or for any reason unenforceable, then that provision will be deemed severed from these terms and will not affect the validity and enforceability of the remaining provisions.
General Provisions
If any provision in these Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Use will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms of Use and any action related thereto will be governed, controlled, interpreted, and defined by and under the laws of the State of New York, without giving effect to any conflicts of laws principles that require the application of the law of a different state. By using this Website, you hereby expressly consent to the personal jurisdiction and venue in the state and federal courts for New York County, New York for any lawsuit filed there against you by the Company arising from or related to these Terms of Use. These Terms of Use (which include the Privacy Policy and any other legal notices or terms located on particular pages of this Website) constitute the entire agreement between you and The Company regarding the use of the Website and Website Content. Notwithstanding the foregoing, these Terms of Use do not supersede or amend (and will not take precedence over) any signed written agreement between you and The Company with respect to the subject matter of that signed written agreement, unless otherwise set forth in that signed written agreement. If you have any questions about the foregoing, please contact EduNational by emailing us. There are no third party beneficiaries to these Terms. Nothing in these Terms should be construed as creating a partnership, joint venture or agency between you and the Company. The Company makes no offer to provide any of the Content or any piece of the Website in any language other than English. You agree that if the Company does not enforce or exercise any legal right or remedy which is contained in the Terms (or which the Company has the benefit of under any applicable law), failure to do so shall not constitute waiver of the Company’s right to do so, and that those rights or remedies will remain available to the Company.
TERMS OF SERVICE
SERVICE AGREEMENT
THIS SERVICE AGREEMENT (the “Agreement“), is executed as of October 28th, 2025 (the “Effective Date”), between you, your assigns, representatives, agents, and any intended recipient of the Services (as defined below) (the “Client“) and EduNational, LLC, a New York limited liability company with its principal office at 1131 State Rte 55, Suite #1, Lagrangeville, NY 12540 (the “Company“).
WHEREAS, the Company is in the business of offering certain language intervention and academic services (the “Services”) and the Client wishes to engage the Company for the receipt of said Services.
NOW, THEREFORE, the parties hereto agree as follows:
1. SERVICES, DUTIES, AND TERM.
1.1 Services. The Client hereby engages the Company, and the Company accepts such engagement, to provide the Services to the Client. The Client agrees and acknowledges that the Services are to be used by the intended recipient for the sole purpose of correcting their language disorders and any use of the Services by any person other than the intended recipient shall constitute a material breach of this Agreement, and that under no circumstances will the Company be liable for any Claim (as defined below) arising from or in connection with the use of the Services by any person other than the intended recipient.
1.2 Term of Engagement. Subject to termination under Section 3 below, this Agreement will be effective for an initial term of one (1) year, beginning on the Effective Date (the “Initial Term”). This Agreement will automatically renew for additional one (1) year periods (each a “Renewal Term”; the Initial Term and the Renewal Term are collectively referred to herein as the “Term”) upon the expiration of the then current Term, unless either party notifies the other party in writing no less than thirty (30) days prior to the expiration of such Term of its desire not to extend the Term for an additional period.
2. FEES.
2.1 Fees for Company’s Services. During the Term, the Client will pay to the Company the fees as set forth in the Client’s User Plan (as defined in the Company’s “Terms of Use”, set forth on the Company Website, to which all Clients have agreed to, and became bound by, upon accessing and continuing to use the Company’s website and the services and content embodied therein), as chosen by the Client in advance of entering into this Agreement (the “Service Fees“), at the interval set forth by such User Plan.
3. TERMINATION.
3.1 Termination by the Company. The Company may terminate this Agreement immediately if Client fails to timely pay Service Fees payable to the Company under this Agreement, and such failure is not fully remedied by Client within ten (10) days of Client’s receipt of written notice of such failure from the Company. The Company may terminate this Agreement immediately if Client did not engage services for the sole purpose of resolving their language processing problems.
3.2 Termination by Either Party. Except for any default involving payment of money, either party may terminate this Agreement upon ten (10) days written notice to the other party setting forth a default of any material obligation of such party under this Agreement, if the defaulting party has not begun to cure such default within such ten (10) day period after receipt of written notice of such default, and thereafter diligently pursues the cure of such default.
4. CONFIDENTIALITY.
4.1 Confidential Information. Client acknowledges from time to time he or she will be provided with certain information or services, from the Company, marked as “CONFIDENTIAL INFORMATION OF THE COMPANY” (“Confidential Information”). In recognition of the foregoing, the Client covenants and agrees:
(a) That it will keep secret all Confidential Information of the Company and not disclose any Confidential Information to anyone outside of the Company, either during or after its engagement with the Company, except with the Company’s prior written consent or as required by law;
(b) That it will not make use of any Confidential Information for its own purposes beyond the Scope of the Services, or the benefit of anyone other than the Company;
(c) That upon termination of the Term of this Agreement, at the Company’s request, or at any time the Company may otherwise request, it will return any Confidential Information to the Company; and
(d) That in the event that any Confidential Information is (i) released by the Client, or (ii) as a consequence of any actions taken or failed to be taken by the Client, such release shall be deemed to be a material breach of the terms of this Agreement unless the Client can show that the release was solely or substantially due to the actions of another party or parties, or that the Confidential Information had passed, at the time of release, into the public domain.
4.2 Enforcement. (a) If the Client commits a breach, or threatens to commit a breach, of any of the provisions of Section 4.1, the Company shall have the following rights and remedies, each of which shall be independent of the others and shall be severally enforceable, and all of such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company under law or in equity: (i) The right and remedy to have such provisions specifically enforced by any court having equity jurisdiction, it being acknowledged and agreed that any such breach or threatened breach will cause irreparable injury to the Company and that money damages will not provide an adequate remedy at law; and in connection therewith the right to obtain, without notice to the Client and without the need to post any bond, a temporary restraining order, an injunction and any other equitable relief. Such right of injunctive relief shall be cumulative and in addition to whatever other remedies the Company may have at law or in equity, including the right of the Company to recover from the Client as set forth in Section 4.2(a)(ii) below; and (ii) The right and remedy to require the Client to account for and pay over to the Company all compensation, profits, monies, accruals, increments or other benefits (collectively “Benefits“) derived or received by him and/or anyone outside of the Company as the result of any transactions constituting a breach of any of the provisions of Section 4.1, and the Client hereby agrees to account for and pay over such Benefits to the Company.
(b) If any one, or any part, of the covenants contained in this Article is held to be unenforceable because of the duration of such provision or the area covered thereby, the parties agree that the court making such determination shall have the power to reduce the duration and/or area of such provision and, in its reduced form, said provision shall then be enforceable.
(c) The parties hereto intend to and hereby confer jurisdiction to enforce the covenants contained in this Article upon the courts of any state within the geographical scope of such covenants. In the event that the courts of any one or more of such states shall hold such covenants wholly unenforceable by reason of the breadth of such scope or otherwise, it is the intention of the parties hereto that such determination not bar or in any way affect in the courts of any other states within the geographical scope of such covenants the Company’s right, to the relief for breaches of such covenants in such other states, the above covenants as they relate to each state being, for this purpose, severable into diverse and independent covenants.
4.3 Survival. The terms of Section 4.1 and 4.2 shall survive termination of this Agreement.
5. MISCELLANEOUS PROVISIONS.
5.1 Assignment. This Agreement shall not be assignable, in whole or in part, by the Client without the written consent of the Company. The Company may assign this Agreement at its sole discretion.
5.2 Governing Law. This Agreement is made under and shall be governed by and construed in accordance with the laws of the State of New York, without regard to the conflict-of-laws provisions thereof.
5.3 Prior Agreements. This Agreement incorporates by reference the Company’s “Terms of Use”. Notwithstanding the foregoing, this Agreement contains the entire agreement of the parties relating to the subject matter hereof and supersedes all prior agreements and understandings with respect to any such subject matter.
5.4 Successors. This Agreement shall extend to and be binding upon Client, his legal representatives, heirs, and distributees and upon the Company and its successors and assigns.
5.5 Amendments. The Company reserves the right to amend or modify this Agreement. Any such amendment and/or modification shall be considered effective upon the Company’s written notice to Client of such amendment or modification on this website. No amendment or modification of this Agreement by the Client shall be effective unless in writing and signed by the parties hereto.
5.6 Waiver. No term or condition of this Agreement shall be waived, nor shall there be any estoppel to enforce any provisions of this Agreement, except by a statement, in writing, signed by the party against whom enforcement of the waiver or estoppel is sought. Any written waiver shall not be a continuing waiver unless specifically stated, shall operate only as to the specific term or condition waived, and shall not constitute a waiver of such term or condition for the future or as to any act other than specifically waived.
5.7 Severability. To the extent any provision of this Agreement shall be invalid or unenforceable, it shall be considered modified to the extent necessary to become valid and enforceable or, if such modification is impracticable, deleted from this Agreement; and the remainder of such provision and of this Agreement shall be unaffected and shall continue in full force and effect.
5.8 Headings. The section headings of this Agreement are solely for the convenience of reference and shall not control the meaning or interpretation of any provisions in this Agreement.
5.9 Notice. All notices required or permitted hereunder shall be in writing and may be personally delivered, or mailed by registered or certified mail, postage prepaid, or forwarded by any nationally recognized overnight courier service, to such address as may be from time to time designated by the respective parties. Notice shall be effective upon receipt.
5.10 Counterparts. This Agreement may be executed in one or more counterparts, each of which, when executed and delivered, shall be an original, but such counterparts shall together constitute one and the same instrument.
5.11 Gender. Words in the singular include the plural and in the plural include the singular and a reference to any gender includes other genders.
6. INDEMNIFICATION.
6.1 Indemnification by the Company. The Company hereby agrees to indemnify, defend and hold harmless Client and the Client’s successors and assigns from and against and in respect of any and all losses, damages, claims, liabilities, judgments, actions, suits, proceedings and costs and expenses of defense thereof, including reasonable attorneys’ fees, suffered or incurred by any such party by reason of or arising on account of the gross negligence of the Company.
6.2 Indemnification by the Client. The Client, hereby agrees to indemnify, defend and hold harmless the Company and its successors and assigns from and against and in respect of any and all losses, damages, claims, liabilities, judgments, actions, suits, proceedings and costs and expenses of defense thereof, including reasonable attorneys’ fees (“Claims”), suffered or incurred by the Company and the Company’s successors and assigns, by reason of or arising on account of (i) any breach by the Client of its agreements and covenants under this Agreement, including but not limited to Section 7.3, below, and/or (ii) any act or omission of Client save where arising out of gross negligence, or willful default of the Company.
6.3 Limitation of Liability. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY. THE COMPANY’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT, THE COMPANY’S WEBSITE, OR THE WEBSITE CONTENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE LESSER OF (I) FIFTY DOLLARS, OR (II) THE MINIMUM AMOUNT ALLOWED BY THE CONTROLLING JURISDICTION’S LAW.
7. INFORMED CONSENT.
7.1 Informed Consent. By voluntarily accepting below, the Client acknowledges that it has read, or has had read to them, and understands the terms of this agreement and the sensitive and confidential nature of the Services being provided to the Client by the Company. Further, by voluntarily signing below, the Client acknowledges its intent to have this consent cover the entire period of time during which Services are and after which the Services have been rendered to the Client by the Company.
7.2 Affirmation of Age. By voluntarily accepting below, the Client represents that either (i) the Client is at least eighteen (18) years of age, or, (ii) this Agreement has been read, understood, and accepted by a person of at least (18) years of age, with the undisputed legal power to act in such manner on behalf of the Client.
7.3 Disclaimer. I hereby confirm that no warranty, guarantee or other assurance has been made to me, covering the results of the Services, and I hereby release and hold harmless the Company, its officers, employees and agents from any consequences of the Services provided. I fully understand that the administration of the Services involves working with a unique individual and that therefore no specific results are guaranteed to be attainable and prior results with other clients are not indicative of what my results may or may not be. I understand that this consent is being given by me, voluntarily, in advance of any provision of Services. Consult with a physician before using Dysolve if you have health issues or concerns.
IN WITNESS WHEREOF, this Agreement has been duly executed and delivered by the Company and the Client as of the Effective Date.
PRIVACY
BY VISITING DYSOLVE.AI, DYSOLVE.COM AND SOLVEDYSLEXIA.COM, YOU ARE CONSENTING TO OUR PRIVACY POLICY.
Overview
EduNational LLC (“Company”) is committed to protecting your privacy online. This Privacy Policy (the “Privacy Policy”) describes the personal information we collect (the “Personal Information”) at www.dysolve.ai and www.solvedyslexia.com (the “Site”). Personal Information means any information that may be used to identify an individual, including, but not limited to a first and last name, a home or other physical address, an email address, a physical location, a physical condition, an evaluation, progress with the Services (as defined below), a telephone number or other contact information. The terms of the Privacy Policy are incorporated into, and considered a part of the Terms of Use. Visitors and any users of the site are referred to as “user”, “you” and “your” and the Company is referred to as “we”, “us”, and “our”.
Privacy Policy
On the Site, we provide information about the Coral Method®, a patented method for evaluating and addressing language-related disorders to help individuals with dyslexia relearn how to process language so that they can do so automatically, rapidly, and efficiently, as applied through our automated computer program, the Dysolve® Program (the “Service,” or the “Services”). Use of the Site, including all materials presented herein and all online Services provided by Company, is subject to the following Privacy Policy. This Privacy Policy applies to all site visitors, customers and all other users of the Site. By using the Site or Service, you agree to this Privacy Policy, without modification, and acknowledge reading it.
PARENT/LEGAL GUARDIAN HELD RESPONSIBLE FOR A USER’S MISCONDUCT
Consent by a parent or legal guardian to a child’s use of the Services, as required from time to time in accordance with this Privacy Policy, shall deem the parent or legal guardian as a party to the Agreement between the Company and the respective User, and shall constitute that parent’s, or legal guardian’s agreement to be held responsible and liable for the respective User’s misconduct or violation of the (i) the Terms of Service, (ii) the Terms of Use, and (iii) this Privacy Policy.
INFORMATION WE COLLECT
In general, you can view the Company’s website without telling us who you are or revealing any Personal Information about yourself. The Personal Information we collect is generally used to process your requests or transactions, develop a custom program to suit your needs, provide you with high-quality service, tell you about opportunities we think will be of interest, and understand your needs so that we can serve you better. The Company may use Personal Information provided by you in order to communicate with you about your interest in the Company’s products and/or services. The Company may also collect aggregated data, which is data from which the identity of an individual cannot be determined (“Aggregated Data”). Personal Information does not include Aggregated Data. Aggregated Data is data we collect about a group or category of products, services or customers, from which individual customer identities have been removed. In other words, information about how you use a service may be collected and combined with information about how others use the same service, but no Personal Information will be included in the resulting data. Likewise, information about the products you purchase may be collected and combined with information about the Services purchased and/or used by others. Aggregated Data helps us understand trends and customer needs so that we can better consider new services, and tailor existing services to the desires of our users. Since it is not Personal Information, the Company uses Aggregated Data, as appropriate, without restriction. If you opt-in to receive our newsletter, the option to unsubscribe will be included in every email. The Company will not share your Personal Information with any third party without first requesting and receiving your permission to do so, or otherwise being instructed by you to do so. (Please see below for information regarding how the Company handles Personal Information of children users). Should the Company issue, and our users approve such a request, we will only share such Personal Information with third parties that covenant to keep your Personal Information confidential and not to share it under any condition without your express permission. Notwithstanding the foregoing, the Company may disclose specific information upon governmental request, in response to a court order, when required by law, to enforce our corporate policies, or to protect our or other’s rights, property, or safety. We do not provide information to these agencies or companies for marketing or commercial purposes. We may record information relating to your use of the Site in order to help administer the Site and personalize your experience by improving customer service, including but not limited to information about your internet service provider, browser type, domain name, IP address, the website that referred you to us, the webpages you request, the date and time of those requests and entry and exit points. Additionally, we may send cookies to your computer in order to improve our service. A “cookie” is a small text file that may be used, for example, to collect information about website activity. Some cookies and other technologies may serve to recall Personal Information previously indicated by a Web user. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser, but please note that if you choose to erase or block your cookies, you will need to re-enter your original user ID and password to gain access to certain parts of the website. If you prefer that your browser does not store this cookie information, there is a simple procedure that allows you to deny or accept this feature. In order to “opt out” of the benefits of cookies, you can manually delete your cookies by following the instructions contained in the “Help” section of your browser. Doing so, however, may prevent use of some of the Site. This Site may contain links to third party websites. Unless otherwise stated, this Privacy Policy only covers information that we collect from you on this Site. Any link to the Site will be covered by the Privacy Policy of the originating site.You acknowledge that the Company cannot make any guarantees as to the policies of any affiliate or Third Party. In the event of a sale of some or all of our business, the Company may disclose personal information to those involved in a transfer of all or part of the assets or business. In these cases, we may seek consent to use and share Personal Information after it has been collected in those cases where the Company wishes to use the information for a purpose not previously identified or for which the individual concerned has not previously provided consent.
SECURITY
Wherever your Personal Information may be held by The Company or on its behalf, we intend to take reasonable and appropriate steps to protect the Personal Information that you share with us from unauthorized access, disclosure, loss, misuse, or modification. This also applies to our disposal or destruction of personal information. However, you acknowledge that the personal information you voluntarily share could be accessed or tampered with by a third party. You agree that we are not responsible for any intercepted information shared through our Site without our knowledge or permission. Additionally, you release us from any and all claims arising out of or related to the use of such intercepted information in any unauthorized manner. You agree to notify us for any breach of security or unauthorized use of your information.
INTERNATIONAL USERS
By choosing to visit the Site or otherwise provide us with any information, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the law of the state of New York and the adjudication of any disputes arising in connection with the Company or the Site or the Services will be in accordance with the Terms of Use.
PERSONAL INFORMATION OF CHILDREN PRIVACY POLICY
PLEASE READ THIS CHILDREN’S PRIVACY POLICY CAREFULLY BEFORE ALLOWING YOUR CHILD TO USE THE SITE.
The Children’s Online Privacy Protection Act (“COPPA”) requires us to inform parents and legal guardians about how we collect, use, and disclose personal information from children under the age of 13. It also requires that we obtain parental consent before we allow children under the age of 13 to register for the Services. This policy describes how we collect, use and disclose personal information about children under 13 years old and it should be viewed as a supplement to our Terms of Use, and our general Privacy Policy, the latter which can be found above.
YOUR CONSENT
To participate in the Services, EduNational® wishes to collect personal information from your child, but we need your consent before we collect, use, or disclose the information. Please see the paragraph, above, titled “PARENT/LEGAL GUARDIAN HELD RESPONSIBLE FOR A USER’S MISCONDUCT” for more information on the parent’s or legal guardian’s liability for breach of any terms of this Privacy Policy, the Terms of Use or the Terms of Service by a User.
OBTAINING PARENTAL CONSENT BEFORE COLLECTING INFORMATION FROM THEIR CHILDREN
Notwithstanding any of the foregoing, the Company will only be using your child’s Personal Information for internal purposes, and will not disclose that Personal Information. Thus, the Company is permitted to, and will employ the “email Plus” method of parental consent, as authorized by the Children’s Online Privacy Protection Act. The “email Plus” method involves the following:
After registering your child for the Services, upon your child’s first attempt to use the Services, the Company will deliver to you an email requesting your consent to our allowing your child to use the Services.
Upon receipt of your consent, we will email you a confirmation of such consent. If you receive confirmation of consent, and do not believe you issued such consent, please contact us immediately at www.dysolve.ai
The “email Plus” method allows for parents and/or legal guardians to revoke consent at anytime by contacting the Company at www.dysolve.ai
Your child cannot participate in the Services, or register on this Site without your consent.
INFORMATION WE COLLECT FROM CHILDREN AND HOW WE COLLECT IT
Information we collect directly
If your child or you (on his or her behalf) registers to participate in the Services, we will collect information, including parental consent, needed to process that registration, and to access and utilize our Dysolve® Program. Some information is required, such as a child’s name; address; email; birth date; username and password. We may also request additional information about a child such as his or her grade in school. However, the additional information is optional and as a parent you may prevent your child from submitting this information at any time. A child’s participation in the Services is not conditional on the child providing any more Personal Information than is reasonably necessary.
Information we collect passively
We may also passively collect information about your child. For example, we may collect certain non-personal information from all visitors to our Site, such as IP address; the date and time of visit; time spent on the site; the type of browser used (e.g., Firefox, Internet Explorer); the type of operating system used (e.g., Windows, Mac OS); the ISP from which the visitor receives Internet access; and aggregate information regarding what pages users of the site access or visit. This information may be combined with the Personal Information we collect from users.
Content posted by child
Please note that by their very nature the Services allow children to disclose information, including Personal Information, about themselves. Parents should closely monitor their children’s use of the Site and how they engage in the Services.
Tracking activities on the site
When your child is logged into his or her account, we track the date and time of “general system interactions” such as updating profile information or password reset requests. This information is associated with your child”s username and helps us follow these types of actions taken by your child.
How we use your child’s personal information
We use the personal information that we collect from your child to tailor the Services, send communications to your child about the Services, and to track his or her progress with the Services. We may also match the non-personal information we collect from Site visitors (such as pages visited) with the personal information (such as the child’s name and age or other account information). Such combined information is kept confidentially in our secure, internal database. You may request information from us on the type of data being collected, view your child’s information, and, if you choose, prohibit us from making further use of your child’s information. For more information on how to do this, see the section below entitled “How to Access Information Collected from Your Child.”
How we share your child’s personal information with third parties
We will not sell, rent or trade your child’s personal information. We may disclose limited personal information we obtain from children to the child’s school or school district with your written consent in order to analyze student progress; however, any shared personal information will be limited to the minimum necessary. We may also disclose personally identifiable information in response to legal proceedings, as discussed above.
How to access information collected from your child
The Dysolve® Program continually generates and updates reports of users’ performance and progress, which are accessible through their user accounts. This information is also available in printable PDF format from their user accounts. Upon request, we will provide you with the information we maintain about your child so that you may request corrections. This information will be sent via postal mail, which we believe is the most secure method of communication. Please contact us by email or in writing at Dysolve® Member Services, EduNational LLC, 1131 State Rt. 55, Suite #1, Lagrangeville, NY, 12540. To protect your privacy and security, we will take reasonable steps to verify your identity before providing information or making corrections.
How to revoke consent or request deletion of your child’s information
You may revoke consent to collect your child’s personal information at any time, and you may also request to have your child’s personal information deleted and refuse to permit further collection of such information by us. If you wish to do so, please contact us using the process described in “Contact Us” below. However, please understand that, even after removal, your child’s content may remain viewable in cached and archived pages or by others if a user has copied or stored such content.
Changes to this Privacy Policy
We reserve the right to update this policy at any time. If a material change is made to the policy, we will email all registered users at the email address provided at time of registration.
Contact us
If you have questions, comments or concerns about any of our privacy policies or practices, or to raise any other issue related to privacy, you may contact us or write to: Dysolve® Member Services, EduNational LLC, 1131 State Rt. 55, Suite #1, Lagrangeville, NY 12540.
CHANGES TO THIS POLICY
Protecting your privacy online is an evolving area, and the Company’s website is constantly evolving to meet these demands. If we decide to change our privacy statement, we will post a new statement on the Company website and change the date at the top of the statement. Therefore, we encourage you to check the date of our privacy statement whenever you visit the Company’s website for any updates or changes.
