Terms Of Service
These TERMS OF SERVICE (these “Terms”) govern your use of websites, online programs and services, including, without limitation, your registration for, access, use and/or purchase of accounts, memberships, subscriptions and course services (collectively referred to as the “Services”), provided by AIR EDUCATION INC. d/b/a AIR READING (“Air Education”, “Company”, “we”, “us”, or “our”).
The Services may be used by families, children, parents and legal guardians (“parents”, “legal guardians”, “users”, “you”) for educational purposes of your child(ren).
The Services may be used by educational organizations, such as schools, school districts, teachers, school staff, after-school programs or preschools (collectively referred to as “schools”, “school teachers”, “school personnel”, “users”, “you”), for educational purposes of your students.
The children of parents or legal guardians and students at schools who are given access to Services by the parents or legal guardians or schools, respectively, are collectively referred to as “Air students”.
The Services are also used by those who we contract to teach in our Services (“Air coaches”).
By visiting, accessing, signing up for and/or purchasing any of our Services, you agree to be bound by these Terms, which includes, without limitation, the Privacy Policy and any additional terms, policies and conditions referenced herein or accepted or acknowledged by you in your use, access or purchase of the Services from time to time (“Additional Terms”). Such Privacy Policy and Additional Terms are hereby incorporated by reference. These legally binding Terms set out your rights, obligations, and restrictions regarding your use of the Services. When these Terms refer to “you,” “you” include visitors to our websites, parents, legal guardians, and school personnel who access, sign up for and/or purchase the Services, Air coaches and Air students. If you are entering into these Terms on behalf of an entity or organization, you represent that you have the authority to bind such entity or organization, its affiliates, and all users who access the Service through your account to these Terms, in which case the terms “you” or “your” shall also refer to such entity or organization, its affiliates, and users associated with it.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING OUR SERVICES. BY ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE TO BECOME BOUND BY THESE TERMS. THESE TERMS INCLUDE A MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS.
If you do not agree with these Terms, or if you do not have authority for the entity you are entering into these Terms for, you must not accept these Terms and may not use or access the Services.
We reserve the right to change or modify these Terms at any time which will be reflected in the “Last Updated” date set forth at the end of these Terms. If we do modify the Terms in a material manner, we will notify you through updated posting on our website(s), through the Services, by email or text messages or through other reasonable means. Your continued use of the Services after such changes will constitute acknowledgment and agreement of the modified Terms.
1. Accounts
Minors of all ages must be enabled by and have the consent of a parent, legal guardian or school personnel to use the Services. By signing up for, accessing or purchasing any Services and/or accounts, you affirm the following: that (i) you are 18 years of age or older, (ii) you agree to be subject to these Terms and are responsible for your child(ren) or student(s) activities in connection with the Services, and (iii) you represent that you are fully able and competent and have the authority to enter into these Terms and abide and comply with them. If you are a school personnel at a school or an Air coach, additional terms may apply to your use and access of the Services which you will accept in the school purchasing or Air coach contracting process, as applicable.
By signing up for a trial class, accessing or purchasing Services, either for family or school use, you are asked to provide certain personal information which may include your name and email information. This information will be held and used in accordance with our Privacy Policy. You agree that you will supply true, accurate and complete information to us and that you will update that information promptly when it changes. If you fail to notify us of such change, you shall be solely responsible for the impact on your children or students’ learning process, if any.
You agree to properly safeguard your account and password. You are responsible for the activity made by any person who uses the account. We will not be liable for any loss or damage arising from your failure to adequately safeguard your account or password or for any actions occurring under your account. If your account or password is misused without authorization or any security problem occurs, you shall immediately notify the Company and request us to suspend related services. You shall not lend, transfer, or assign its account and password to any third parties. Provided that Company reasonably suspects your breach of this clause, Company is entitled to temporarily suspend the use of your account. If Company concludes that you violated this clause, Company is entitled to terminate the account immediately and cease offering Services to you.
2. Course Information and Recordings
a. Basic Course Information: the basic course information of the Services is set forth in the class description(s) on websites and other informational materials set forth by Company. Each live online class is herein referred to as a “Session” and our provision of a series of Sessions is referred to as a “Course Service.”
b. Course Service Schedules: We publish or send you Course Service schedules from time to time which are integral parts of these Terms. If there is any conflict between the Course Service schedules and any articles of these Terms regarding any specific Course Services, the terms set forth in the Course Service schedules shall prevail.
c. Starting Levels: Company shall determine the starting level of each Air student and provide the corresponding course content for the student.
d. Session Recordings: All courses shall be recorded. You agree and consent to the Sessions being recorded. We value your privacy, and the video recordings are used only for our limited internal purposes. We may use the recordings to improve the Services, improve the performance of Air coaches and for the safety and security of the Services. By using the services, you consent to you and your Air student(s) appearing in Session recordings held and used for the limited purposes set forth above and in accordance with our Privacy Policy.
3. Use of Services: License to You
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, revocable (with or without cause), non-transferable and non-sublicensable right and license to use and access the Services for your and your children or students’ personal, non-commercial and educational purposes only. You shall use the Services in accordance with applicable laws and these Terms. This license automatically terminates if you violate these Terms.
4. Family Membership Subscriptions
Memberships and Cancellation
Course Services for families is based on membership subscription. The specifics of membership subscriptions are listed on our website(s), purchase web pages and emails with various subscription periods and class formats. By signing up for or purchasing a membership, you are expressly agreeing that we are authorized to charge you the membership fee associated with the term of the membership (e.g., monthly, 3-month or 6-month) you chose during sign-up. Thereafter, confirming your subscription demonstrates your consent for automatic renewals of your membership during the sign-up process; we will automatically renew your subscription on the 15th of the month preceding the start of the following renewal period. We will charge the applicable then-current membership fee to the then-current card on file associated with your account.
Auto-renewal: Membership subscription renewal fees will be automatically charged to your card on file until you cancel. For monthly subscriptions, it will be charged on the 15th of each preceding month, and for 3-month or 6-month subscriptions, it will be charged on the 15th of the month prior to the start of the following subscription period.
Please note that fees and charges are subject to change with notice. You agree that non-cancellation of your membership after notification of a fee change means you have agreed to the fee change and have authorized us to charge you at the adjusted fee for the renewal period upon or following the effective date of the fee change. You acknowledge and authorize that the amount charged each renewal period may vary for reasons that include, but not limited to, differing amounts due to changes you make to the membership plan and fee changes we make from time to time with notification to you.
Cancellation Policy
Before and on the 15th: If you cancel your membership before or on the 15th of the current renewal month, your membership will not renew. This means you won't be billed for the next membership period.
After the 15th: If you cancel your membership after the 15th of the current renewal month, your membership will renew automatically for the next period. However, it will not renew for the period after that.
For the renewed period, we will provide you with monthly session credits equal to the value of your membership. You can use these monthly session credits for up to one calendar year. Example: With a current ongoing monthly membership,
If you cancel membership on June 10, the membership will terminate on June 30, and it will not renew on July 1.
If you cancel membership on June 25, you will be charged on June 15 for July’s renewal. (However, the July classes will be given as monthly session credits valid for use within one year.)
This policy applies to all membership periods, including monthly, 3-month, and 6-month memberships. Cancellation must be made by the 15th of the month prior to the start of the renewal period.
No Refunds: We do not provide refunds. Session credits are given in accordance with our cancellation, scheduling and leave policies (below). However, no session credits are given for any partially used membership periods or missed classes.
Scheduling, Leave and Tardiness Rules, Session Credits and Special Requests.
Session scheduling/timing adjustments must be submitted at least two weeks before the first class starts. No changes are allowed once the session schedule has been confirmed with the Air coach.
Tardiness: If a student is more than 15 minutes late for a session, the session will be canceled automatically, and there will be no make-up session.
Students who are unable to attend a scheduled session on time for any reason will not have a session extension, delay, or make-up session.
Leaves and Session Credits: Students in one-on-one courses can make one request for leave from one session per month, and the Company will give onesession credit and schedule an opportunity to make up the session with another Air Coach. Leave requests must be made at least 24 hours before the class start time.
Pausing Membership: You may pause your membership by requesting a leave for a month or multiple months, up to 3 consecutive months. Leave request must be made by the 15th of the month preceding the start of the requested leave. Company will give monthly session credits for the approved month(s) of leave. Monthly session credits are not issued for partial months; leave requests must be made for full month(s).
There are no leave or monthly session credits available for small group courses.
Special requests such as changing the Air coach may be considered for special circumstances, but are not guaranteed.
Class Leveling Issues
After the Course Service begins, if the student's reading needs are found to be inconsistent with the course level, you can apply for a level adjustment. We may also inform you of an adjustment that we’ve implemented. Level adjustments may take up to two weeks to be effective.
Session Rules
Within 24 hours after each session, teachers will share session feedback that parents can view via email or by logging into your account.
Access to session videos are not available for privacy reasons, unless as noted in our privacy policy.
Making copies of the learning slides and content is not allowed.
Families will have access to after-session learning materials via your account or email. The materials include: a summary of session learning content, extended exercises, and recommended books of the same level. You shall not share these learning materials publicly.
Parents and legal guardians are prohibited from interfering with Sessions and Air students are prohibited from interfering with the teaching and learning environment. Once a disruptive or inappropriate behavior occurs, Air coaches and the Company have the right to take relevant actions against you, including but not limited to muting your microphone and/or removing you from the virtual classroom. After being dissuaded by the Air coach, if you continue to disturb the learning environment of Sessions, we have the right to terminate your Course Services and account.
In the unlikely event an Air Coach does not show up for their scheduled session, we will add a single session credit for the Air student.
5. School Subscriptions
Course Services for schools is based on subscriptions purchased upfront for each school year or semester, as applicable. Subscription specifics, including but not limited to platform and curriculum access fee, size of small group sessions, and frequency and total number of sessions, are provided in quotations provided by Company. The quotations are valid only for a limited time as specified in the quotation.
Quotations may include information that is proprietary and confidential to Company and to the maximum extent permitted by law may not be disclosed to anyone other than the intended recipient. By requesting a quote from Company, you agree to keep such quotation confidential and will not disclose any information contained therein to any third party.
When you accept the quotation, the specifics of the quotation will become effective, legally binding and incorporated into these Terms, and will be invoiced to you. Payment must be received by Company within 30 days from the date of invoice. Suspension of an account does not relieve the account holder of the obligation to pay.
All fees are non-refundable. School subscriptions do not automatically renew.
6. Fees and Payments
You agree to pay all fees charged for the Services purchased by you, and you authorize us to charge your credit card, debit card or such payment method provided at the time of purchase, if applicable. The fees are exclusive of taxes, and you are responsible for any applicable taxes. Any payment terms displayed to you in the process of subscribing to a family membership or school subscription are deemed part of these Terms. School accounts may have the option to pay by other methods at Company’s discretion, and payment must be received by Company no later than 30 days after the invoice date. If payment is not received within 30 days, Company may suspend access to the affected school account(s). Suspension of accounts does not relieve the account holder of its obligation to pay. Company reserves the right to charge a late fee in the amount of 1% per month or the maximum permitted by law. You warrant that your use of the particular credit card, debit card, payment by check or other method accepted by us is authorized and that all information to submit to us is true, genuine and accurate (including, without limitation, your credit card number and expiration date).
7. Fee Changes
We reserve the right to change or adjust fees for the Services, including but not limited to family membership subscription plans, in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for, any fee changes will be notified to you and take effect for the renewal period starting on or after the effective date of the new fee. You acknowledge and agree that by continuing the Services after such fee change or not canceling a membership renewal, you agree to the terms of the new fee and authorize us to charge you accordingly.
8. Conditions of Use and Obligations
You understand and agree to the following conditions of use and obligations:
a) you are responsible for providing the appropriate Internet access, equipment, software, and materials necessary for receiving the Services;
b) you shall not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
c) you shall not allow any children or students other than the Air students for whom your membership or subscription was subscribed for to participate in Course Services;
d) you shall not breach or circumvent any security or authentication measures;
e) you agree to protect other Air students’ privacy and interests, and agree not to collect or solicit personal information from anyone in violation of our Privacy Policy;
f) while participating in Course Services, you shall not disrupt the Course Services or other Air students’ learning activities and experience, such as by, but not limited to the following:
(1) engaging in any act that is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable (2) displaying domestic violence behavior and/or any inappropriate or unsuitable behaviors; (2) using and/or display dangerous weapons (or imitation weapons), including but not limited, to knives, guns, etc.; (3) using words, dressing or engaging in acts that are obscene, offensive, and/or discriminatory; (4) soliciting, promoting or engaging in commercial activities, sales or any other form of solicitation; (5) engaging in any act that poses or creates a privacy or security risk to any person; or (6) engaging in any act that in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Services or which may expose the Company or its users to any harm or liability of any type;
g) you shall not interfere with or disrupt the Services, Course Services, or networks connected to the Services, including, but not limited to, knowingly transmitting any material that contains adware, malware spyware, software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication equipment;
h) you shall not reproduce, redistribute, transmit, broadcast, share, modify, adapt, edit, create derivative works of, sublicense or otherwise transfer any Services purchased or accessed by you;
i) you shall not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, interfere with, or disrupt the integrity or the performance of the Services;
j) you shall not us any of the Services provided by Company for commercial purposes or any purposes other than provided in these Terms; you shall not use the Services in any way to create or promote a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the Services offered by us; and
k) you shall not violate any applicable local, state, national or international law, or any regulations having the force of law.
We reserve the right to, at our discretion, restrict, suspend or terminate an account or access to Services for any reason at any time, including, without limitation, for breach of any of these Terms or applicable laws.
9. Ownership
You acknowledge and agree that the Services and any necessary content and software used in connection with the Services is owned by Company and contain proprietary and confidential information that is protected by applicable intellectual property rights and other laws. You further acknowledge and agree that the information presented to you through the Services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You agree not to copy, modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services in whole or in part. Any automated scraping, harvesting, indexing, mining or any other extraction of any content from the Services is expressly prohibited.
10. Personal Information and Privacy Policy
To facilitate the Company to learn more about Air students and to better provide Services to you, you agree to provide us with certain personal information about you and your Air student(s). You agree that we may utilize the personal information of Air student for the purpose of providing the Services and for internal purposes of Company. Company shall strictly protect the privacy of Air students in accordance with our Privacy Policy and applicable laws and regulations.
11. Modification, Suspension or Termination of Services
We reserve the right at any time and from time to time to modify or temporarily discontinue the Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension or temporarily discontinuance of the Services. In the event of permanent termination of the Services, our liability is limited to the paid subscription price prorated to the amount of time remaining on the subscription.
12. Termination
These Terms are effective unless and until terminated by either you or us, and these Terms terminate upon the expiration of your membership, subscription or account. You may terminate these Terms at any time by deactivating your account, if available through your account settings, or by notifying us to terminate your account.
You agree that in our sole discretion, we may suspend, deduct a certain number of Sessions or terminate your account or use of the Services for any reason, including, without limitation, for lack of use or if we believe that you have violated any condition in these Terms or acted inconsistently with the letter or spirit of these Terms. You agree that any termination of your access to the Services under any provision of these Terms may be implemented without prior notice, and you acknowledge and agree that we may immediately deactivate or delete your account and all data relating to your account and/or bar further access to the Services. Further, you agree that the Company shall not be liable to you or any third party for any termination of your access to the Services, and no refunds shall be made.
Upon termination of your account, all licenses and rights granted to you in these Terms will immediately cease. Any rights or obligations incurred by us or you prior to termination shall survive the termination of these Terms between us and you for all purposes.
Clauses 9-10, 12, 13-14, 16-17 of these Terms shall survive the termination of these Terms.
13. Disclaimer of Warranties and Limitation of Liability
You expressly understand and agree that:
Your use of the Services is at your sole risk. THE SERVICES ARE PROVIDED BY COMPANY “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
The Company makes no warranty or condition that (1) the Services will meet your requirements or result in particular student performances; (2) the Services will be uninterrupted, timely, secure or error-free; or (3) any errors in the Services will be corrected.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF SERVICES; (3) ANY UNAUTHORIZED ACCESS TO AND USE OF YOUR ACCOUNT OR OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR SUSPENSION OF THE SERVICES; (5) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; AND/OR (6) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF SERVICES.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS OFFICERS, EMPLOYEES, DIRECTORS OR AGENTS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR INABILITY TO USE THE SERVICES; (2) COST OF PROCURING SUBSTITUTE GOODS AND SERVICES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; OR (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.
14. Indemnification
To the extent permitted by applicable law, you agree to indemnify and hold Company and its officers, agents and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use, misuse of or connecting to the Services, your violations of these Terms or any applicable laws or rights of another person or entity, your willful misconduct, or any other party’s access and use of Services with your account.
15. Force Majeure
We shall not be liable for any delay or failure to perform in connection with any Services or in the performance of any obligation hereunder, if such delay or failure is due to or in any manner caused by acts of God, rebellion, riots, hijacking, insurrection, civil commotion, strikes or labor disputes, fires, floods, laws, regulations, acts, demands or and orders of any government or agency, or any other cause which is beyond the control of the Company. Company is hereby released by you from any claim or demand for any direct or consequential damages arising out of failure to perform as a result of a force majeure event whether or not herein enumerated or other event referenced above.
16. Governing Law, Dispute Resolution and Arbitration
These Terms shall be construed in accordance with the substantive laws of the state of California, United States of America, without giving effect to the principles of conflict or choice of law of such state. The original form of these Terms has been written in English. You waive any statute, law, or regulation that might provide an alternative law or forum or might require these Terms to be written in any language other than English.
By using the Services, you agree that any and all disputes, claims or controversies that you may have against Company arising out of or relating to or connected in any way to (i) your use of the Services (ii) any services obtained from or provided by Company or (iii) these Terms (including the interpretation and scope of this clause and the arbitrability of the dispute), shall be resolved first through negotiation with us, and if not resolved through negotiation, exclusively by mandatory, binding arbitration initiated through and administered by JAMS. The arbitration shall be conducted in San Francisco, California, unless otherwise agreed to by you and us. There will be no right or authority for any claims to be arbitrated on a class action or representative basis. YOU UNDERSTAND AND AGREE THAT, BY ACCEPTING THESE TERMS AND CONDITIONS, YOU AND AIR EDUCATION ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO THE CLAIMS COVERED BY THIS MANDATORY ARBITRATION PROVISION. You are thus giving up your right to go to court to assert or defend your rights. Your rights will be determined by a neutral arbitrator, and not a judge or jury.
All claims you bring against Company must be resolved in accordance with this arbitration provision. All claims filed or brought by you contrary to this provision will be considered improperly filed and void. Should you file a claim contrary to this arbitration provision, we will notify you in writing of the improperly filed claim, and you must promptly withdraw the claim. If you fail to promptly withdraw the claim after receiving written notice from Company, we may recover reasonable attorneys’ fees and costs incurred to enforce this arbitration provision.
17. Miscellaneous
These Terms, together with any amendments and any additional agreements you may enter into with us relating to the Services, shall constitute the entire agreement between you and Air Education and govern your use of the Services, superseding any prior agreements between you and us. The language in these Terms shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting these Terms. The headings in these Terms are included for convenience only and shall neither affect the construction or interpretation of any provision of these Terms nor affect any of the rights or obligations of the parties to these Terms. Should any part of these Terms be held invalid or unenforceable, that portion shall be construed as much as possibly consistent with applicable law and the remaining portions shall remain in full force and effect. Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. Except for actions for nonpayment or breach of proprietary rights, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms and your use of Services must be filed within one (1) year of such claim or cause of action arose or be forever barred. All actions shall be subject to the limitations set forth in these Terms. You may not assign these Terms without our prior written consent, but we may assign or transfer these Terms, in whole or in part, without restriction. Our rights under these Terms shall survive any termination of these Terms.
18. Contact Information:
Questions about these Terms should be sent to us at support@airreadingclass.com
Last Updated: 07/18/2023