Individual Membership Copyright Acknowledgement and Terms of Service

Updated: September 16, 2019

1. PART OF MEMBERSHIP APPLICATION

1.1 Scope

This Copyright Acknowledgment and Terms of Service agreement (“Terms of Service”) is a part of and supplements the terms and conditions of your Individual Membership Application and Agreement (“Membership Application”), the entire contents of which are incorporated by reference herein, and forms a binding agreement between you, the applicant identified in Section 1 of your Membership Application, and Learning Ally, Inc. (“Learning Ally”). These Terms of Service govern the terms of access and use of all Learning Ally audiobooks and related products and services, including Learning Ally sponsored events; both in-person and online, the Learning Ally website, Learning Ally Link and audiobooks received from Learning Ally during the Term of your membership (collectively, the “Services”).

1.2 Conflicts

If any of these Terms of Service is in conflict with a term or condition of your Membership Application, or if these Terms of Service are silent on a term or condition that is in your Membership Application, then the applicable term or condition from your Membership Application shall control.

1.3 Updates

By using our Services, you agree to our Terms of Service. We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms of Service at any time. You should check these Terms of Service periodically for changes. By using our Services after we post any changes to these Terms of Service, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms of Service, you should not use our Services and, if applicable, you should arrange to cancel your membership with us.

2. COPYRIGHT ACKNOWLEDGEMENT AND LIMITED LICENSE

2.1 Services and Audiobooks Protected by Copyright Law

The contents of all Learning Ally audiobooks and materials are protected under U.S. Copyright Law. Learning Ally strictly regulates the distribution of copyright protected materials only to Qualified Individuals. “Qualified Individuals” are those persons who exhibit the characteristics of a learning disability as certified by a Competent Authority in accordance with 17 U.S.C. § 121 (commonly known as the “Chafee Amendment”).

2.2 Limited License

Learning Ally grants you a nontransferable, nonexclusive, limited license to use audiobooks and materials supplied to you in accordance with these Terms of Service. You agree not to copy, share, or redistribute Learning Ally audiobooks or materials in any form.

3. TERM AND TERMINATION; CANCELLATIONS AND REFUNDS

3.1 Effective Date and Term

Membership is valid for one (1) year from the date of execution of the Membership Application (“Term”). Annual memberships provide unlimited access to the Services. Your membership will automatically renew unless otherwise instructed.

3.2 Termination

Your membership may be terminated without notice if you fail to comply with any term or condition of these Terms of Service.

3.3 Cancellation and Refunds

A refund may be provided if you cancel your membership within 30 days of your Effective Date. If your membership has auto-renewed, a refund is available within 30 days of the renewal transaction.

4. REPRESENTATIONS AND WARRANTIES

4.1 Disability Certification

You certify that you or your child have the characteristics of a Qualifying Disability under the Chafee Amendment of the U.S. Copyright Act.

4.2 Downtime

Learning Ally shall use commercially reasonable efforts to restore access in the event of downtime.

5. CONFIDENTIALITY

Phone calls may be recorded for quality assurance. All information provided will be kept private.

6. MISCELLANEOUS

6.1 Severability

If any part of these Terms of Service is held unenforceable, the remaining provisions shall remain valid.

6.2 Governing Law

These Terms of Service shall be governed by the laws of the State of New Jersey.

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