EDU-BEST TERMS OF SERVICE

SERVICES.
Thank you for using the Reading Comprehension Assessment Tool (RCAT) offered to you by Edu-Best
Educational Resources (“Edu-Best”, “we”, “our”, or “us”) on our website located at www.edu-best.com
(the “Site”). These Terms of Service together with Edu-Best’s Privacy Policy which can be found at
http://www.edu-best.com/privacy-policy (“Agreement”) and is incorporated herein by reference into this
Agreement, govern your use of the Site and the specific Edu-Best services to which you are granted access
under this Agreement, including but not limited to programs, components, internet-based services,
content, software, technology, tools, updates, maintenance, help content, and new releases (“Content”)
(any and all of the foregoing, the “Services”). This Agreement constitutes a legal agreement between you
(“you” or “your”) and Edu-Best. You warrant to Edu-Best that you are the age of majority in your province
or state of residence, or that you are the parent or guardian of any student in your household or that you
are otherwise responsible for students accessing and using the Services through this Site, such as the
principal of the school.
YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE “I AGREE” BUTTON, OR ACCESSING OR
USING THE SITE OR THE SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE
SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE
TO BE BOUND BY THE TERMS OF THIS AGREEMENT, WHETHER OR NOT YOU HAVE REGISTERED WITH THE
SITE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, THEN YOU HAVE NO RIGHT TO ACCESS
OR USE THE SITE, SERVICES OR CONTENT.
Edu-Best reserves the right, at its sole discretion, to modify, discontinue or terminate the Services or to
modify this Agreement, at any time and without prior notice. If we modify this Agreement, we will post
the modification on the Site or provide you with notice of the modification. We will also update the “Last
Updated” date at the top of the home page of the Site. By continuing to access or use the Services after
we have posted a modification on the Site or we have provided you with notice of a modification, you are
indicating that you agree to be bound by the modified terms of this Agreement. If the modified terms are
not acceptable to you, your only recourse is to cease using the Services.
Your use of any Services accessible through this Site may also be subject to your acceptance of separate
agreements with Edu-Best and/or third parties. This Agreement incorporates by reference applicable
subscription, registration, activation, ordering and pricing terms provided to you online or offline for the
Services selected by you, which may be subject to change from time to time.
GRANT AND RESTRICTIONS.
Subject to the terms of this Agreement, including any applicable payments, Edu-Best grants you a
personal, limited, nonexclusive, nontransferable right to access and use the Services you have selected,
solely for the purpose of using the Services, and, if applicable, solely by such number of authorized users
for which the applicable fee has been paid by you.
Except as expressly permitted in this Agreement or by applicable law, you may not, nor allow a
third party to do any of the following: (i) license, sublicense, copy, assign, lease, loan, sell, resell,
republish, upload, post, transfer, distribute or commercially exploit to any third party the
Services; (ii) modify or create derivative works based on the Services or Content on this Site
made available through the Services, in whole or in part; (iii) access or attempt to access any
other Edu-Best systems, programs, features or data that are not made available in the Services or
for public use; (iv) decompile, disassemble, or reverse engineer the Services; (v) interfere with
the proper working of the Services, prevent access to or the use of the Services by other users or
customers, or impose an unreasonable or disproportionately large load on Edu-Best’s
infrastructure; or (vi) use the Services except as expressly allowed under this Agreement. By
using the Services, you warrant to Edu-Best that you will not use the Services, including its
Content, for any purpose that is unlawful or prohibited by this Agreement. If you violate any of
these terms, your permission to use the Services automatically terminates.
You agree to maintain and reproduce all copyright and other proprietary notices appearing on all
copies, in any form, of the Content forming part of the Services in the same form and manner
that such copyright and other proprietary notices are placed on that Content. Except as expressly
authorized in this Agreement, you shall not make any copies or duplicates of any of the Content
appearing on this Site without the prior written permission of Edu-Best.
RESERVATION OF RIGHTS AND OWNERSHIP.
The Services are provided to you for your use and not sold, and Edu-Best reserves all rights not expressly
granted to you in this Agreement. The Services are protected by copyright, trade secret and other
intellectual property laws. Edu-Best owns all right, title, copyright, and other worldwide intellectual
property rights and interests in the Services, including but not limited to its technology, Content,
derivatives, and modifications of the Services. Edu-Best does not grant any license or other authorization
to you under or to any of its trade-marks or other copyrightable material or other intellectual property.
REGISTRATION.
Your registration information to use the Services must be accurate, current and complete as prompted in
the sign-up and activation process (the “Registration Data”). If you provide any Registration Data that is
not current or complete, and do not promptly update your Registration Data, or Edu-Best has reasonable
grounds to suspect it is not current or complete, Edu-Best may, in its sole discretion, suspend or terminate
your account and refuse any current or future access and use of the Services or portion thereof.
PRIVACY.
You acknowledge that you have read the Edu-Best Privacy Policy (as it may be updated from time to time)
contained in the Services, at http://www.Edu-Best.com/privacy-policy and you hereby consent to the
collection, use and disclosure by Edu-Best and its agents of your personal information for the purposes
identified in this Agreement, including the Privacy Policy.
CONDUCT, YOUR CONTENT.
Your right to use the Services is personal to you. You are entirely responsible and liable for all
information, data, text, software, music, sound, photographs, graphics, video, messages or other
materials which you upload, post or store using the Services (“User Submissions”). You shall not
use the Services for any illegal purpose in violation of any applicable provincial, state, federal or
international law. You must provide all required and appropriate warnings, information and
disclosure, comply with all applicable laws and regulations, and take all other required and
appropriate actions (together, “Actions”) in connection with your use of the Services. If the
Services do not provide adequate features for you to provide such Actions, then do not use the
Services. Edu-Best does not own and is not responsible for your User Submissions or data you
submit on the Site. You are encouraged to archive your data regularly and frequently and you
bear full responsibility for archiving your data and assume the sole liability for any lost or
irrecoverable data.
You agree to defend, indemnify and hold Edu-Best, its Suppliers (as defined below), its affiliates,
and their respective officers, directors, employees, subsidiaries and agents, harmless from and
against any and all third party claims, costs, damages, losses, liabilities and expenses (including
reasonable legal fees and disbursements) resulting from or arising out of a claim that your User
Submissions infringe or misappropriate the intellectual property rights of a third party or a claim
resulting from or arising out of your breach of this Agreement.
You may not post, publish, upload, reproduce, transmit or otherwise distribute information or
material through the Services on the Site: (a) constituting or encouraging conduct that would
constitute a criminal offense or give rise to civil liability; (b) which is protected by copyright, or
other intellectual property right, without obtaining permission of the copyright holder; (c)
otherwise use this Site in a way that is contrary to law or which would adversely impact use of
the Services or this Site or the Internet by other users including the posting or transmitting of
other information or software containing viruses or other disruptive components.
You agree that Edu-Best has the right, but not the obligation, to monitor the Services
electronically from time to time and to disclose any information as necessary or appropriate to
satisfy any law, regulation or other governmental request, to operate the Services properly, or to
protect itself or its users. Edu-Best reserves the right to edit, refuse to post or to remove any
information or materials, in whole or in part, that, in its sole discretion, are unacceptable,
undesirable, inappropriate or in violation of this Agreement.
GENERAL PROHIBITIONS
You agree not to do any of the following:
Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio,
video, information or other material that: (i) infringes, misappropriates or violates a third party’s
patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or
rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any
applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading
or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes
discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is
violent or threatening or promotes violence or actions that are threatening to any other person;
or (vii) promotes illegal or harmful activities or substances.
Use, display, mirror or frame the Site, or any individual element within the Site, Edu-Best’s name,
any Edu-Best trademark, logo or other proprietary information, or the layout and design of any
page or form contained on a page, without Edu-Best’s express written consent;
Access, tamper with, or use non-public areas of the Site, Edu-Best’s computer systems, or the
technical delivery systems of Edu-Best’s providers;
Attempt to probe, scan, or test the vulnerability of any Edu-Best system or network or breach
any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any
technological measure implemented by Edu-Best or any of Edu-Best’s providers or any other
third party (including another user) to protect the Site, Services or Content;
Attempt to access or search the Site, Services or Content or download Content from the Site or
Services through the use of any engine, software, tool, agent, device or mechanism (including
spiders, robots, crawlers, data mining tools or the like) other than the software and/or search
agents provided by Edu-Best or other generally available third party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam,
chain letters or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing a Edu-Best trade-mark, logo, URL or
product name without Edu-Best’s express written consent;
Use the Site, Services or Content for any commercial purpose or the benefit of any third party or
in any manner not permitted by this Agreement;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup
posting, or in any way use the Site, Services or Content to send altered, deceptive or false sourceidentifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to
provide the Site, Services or Content;
Interfere with, or attempt to interfere with, the access of any user, host or network, including,
without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
Collect or store any personally identifiable information from the Site or Services from other users
of the Site or Services without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing
Edu-Best reserves the right, at any time and without prior notice, to remove or disable access
to any Content, including, User Submissions, that Edu-Best, at its sole discretion, considers to
be in violation of this Agreement or otherwise harmful to the Site or Services.
COPYRIGHT.
Edu-Best respects copyright law and expects its users to do the same. Edu-Best has adopted and
implemented a policy that provides for the termination in appropriate circumstances of registered users
or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of
copyright holders.
OTHER SERVICES.
You may be made aware of or offered services, features, products, applications, or promotions provided
by Edu-Best (“Other Services”). If you decide to use Other Services, you may be subject to additional
terms and conditions governing these Other Services. You acknowledge that in accessing certain Other
Services through the Services you may upload certain data from your account(s) such as names,
addresses and phone numbers, purchases, and sales among others, to the Internet. You hereby grant
Edu-Best permission to use information about your usage experience to enable us to provide the Other
Services to you, including updating and maintaining your data, addressing errors or service interruptions,
and to enhance the types of data and services Edu-Best may provide to you in the future. You also grant
Edu-Best permission to combine your information, if any, with that of others in a way that does not
identify you or any individual personally to improve services and to compare business practices with other
company standards.
DISCLAIMER OF WARRANTIES.
YOUR USE OF THE SERVICES, INCLUDING ANY CONTENT THEREIN, IS ENTIRELY AT YOUR OWN RISK. THE
SERVICES ARE PROVIDED “AS IS,” AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EDUBEST, ITS CORPORATE AFFILIATES, LICENSORS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS,
DISTRIBUTORS, RESELLERS AND SUPPLIERS (COLLECTIVELY “SUPPLIERS”) DISCLAIM ALL WARRANTIES,
WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING THE SERVICES AND RELATED MATERIALS
INCLUDING ANY WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE, TITLE,
MERCHANTABILITY AND NON-INTERFERENCE OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY
RIGHTS OR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. EDU-BEST AND ITS SUPPLIERS DO NOT
WARRANT THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS OR QUALITY OF ANY CONTENT IN
THE SERVICES, INCLUDING CONTENT POSTED ON OR LINKED FROM THE SERVICES. EDU-BEST AND ITS
SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES,
INTERRUPTION, ERRORS, THEFT OR DESTRUCTION OR THAT THE SERVICES WILL MEET YOUR
REQUIREMENTS. YOU ASSUME ALL RISKS ASSOCIATED WITH USING OR RELYING ON SUCH CONTENT. IF
THE EXCLUSIONS FOR IMPLIED WARRANTIES OR CONDITIONS DO NOT APPLY TO YOU, ANY IMPLIED
WARRANTIES OR CONDITIONS ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF
THE SERVICES, WHICHEVER IS SOONER.
LIMITATION OF LIABILITY AND DAMAGES.
TO THE EXTENT ALLOWABLE UNDER APPLICABLE LAW, THE ENTIRE CUMULATIVE LIABILITY OF EDU-BEST
AND SUPPLIERS, AND YOUR EXCLUSIVE REMEDY FOR ALL MATTERS OR CLAIMS ARISING FROM OR
RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY AND/OR DUE FROM YOU, IF
APPLICABLE, FOR THE SERVICES TO EDU-BEST OR ITS SUPPLIERS IN THE TWELVE (12) MONTH PERIOD
IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, EDU-BEST AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY (A)
SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; AND (B) DAMAGES RELATING TO
TELECOMMUNICATION FAILURES, INTERNET AND ELECTRONIC COMMUNICATIONS DELAYS OR
LIMITATIONS, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF REVENUE
OR PROFITS; ARISING OUT OF OR CONNECTED IN ANY WAY WITH THE SERVICES, WHETHER BASED IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF EDU-BEST AND
ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CONSENT TO CONDUCT BUSINESS ELECTRONICALLY (“CONSENT”).
Consent to Electronic Communications. Edu-Best may be required by law to send
“Communications” to you that pertain to the Services, the use of information you may submit to
Edu-Best, and the products you choose. Certain of the third party services you choose may
require Communications with the third parties who administer these programs (“Third Party
Services”). You agree that Edu-Best, on behalf of itself, and others who administer such Third
Party Services (as applicable), may send Communications to you by email and/or may make
Communications available to you by posting them at one or more of our sponsored websites.
You consent to receive these Communications electronically. The term “Communications” means
any notice, record, agreement, or other type of information that is made available to you or
received from you in connection with the Services and Third Party Services.
Consenting to Do Business Electronically. The decision whether to do business electronically is
yours. Your consent to do business electronically and our agreement to do so cover all
transactions you conduct through the Services for as long as you remain a subscriber to or use
the Services. If you later decide that you do not want to receive future Communications
electronically, write to us at Privacy, Edu-Best Educational Resources, 5345 Mullen Bend NW,
Edmonton, Alberta, Canada T6R0P9. If you withdraw your consent to receive Communications
electronically, we may terminate your use of the Services. We do not provide ISP services. You
are responsible at your expense for access to the Internet and this Site and any necessary
hardware and software and obtaining your own Internet service provider. You agree to notify us
promptly of any change in your email address. You can do so by logging into your EDU-BEST
account and using the administrative features described in your account to update and verify
your new email address.
TERMINATION.
Your rights under this Agreement may be terminated or suspended by Edu-Best immediately and without
notice if you fail to comply with any terms of this Agreement or you no longer consent to receive
Electronic Communications in accordance with Section 12. Either party may terminate this Agreement
upon providing 30 days written notice to the other party. Upon termination you must immediately cease
using the Services and all outstanding payments, if any, will become due and owing. Any termination of
this Agreement shall not affect Edu-Best’s rights hereunder. Other terms regarding termination or
expiration of the Services may apply in accordance with the activation and/or ordering terms for the
specific Services you have selected. If you choose to cancel your account or any part of the Services, you
must do so in accordance with the activation and/or ordering terms for the specific Services you have
selected.
EXPORT RESTRICTIONS.
You acknowledge that the Services are subject to Canadian, U.S. and other countries’ export control
regulations administered by the respective government thereof and that you will comply with these
regulations. You will not export or re-export the Services, directly or indirectly, in violation of these export
control laws and regulations to any country or end user.
THIRD PARTY PRODUCTS.
In connection with your use of the Services, you may be made aware of services, products, offers and
promotions provided by third parties who are not affiliated with Edu-Best (“Third Party Products”). If you
decide to use any Third Party Products, you do so at your own risk and are responsible for reviewing the
terms governing such Third Party Products. You authorize Edu-Best to use and disclose your contact
information, including name and address, for the purpose of making the Third Party Products you choose
available to you. You agree that the third party, and not Edu-Best, is responsible for the performance of
the Third Party Products. The Services may contain or reference links to websites operated by third
parties (“Third Party Websites”). Edu-Best is not responsible for the content of, nor any link contained in
such Third Party Websites. The inclusion of any Third Party Website link in the Services is not and does not
imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by EduBest of any data contained in any such Third Party Website. You acknowledge that linked Third Party
Websites may contain terms and privacy policies that are different from those of Edu-Best. Edu-Best
expressly disclaims any liability for use of such Third Party Products and Websites.
MISCELLANEOUS.
This Agreement is the entire agreement between you and Edu-Best and sets forth the entire liability of
Edu-Best, its corporate affiliates and its Suppliers and your exclusive remedy with respect to the Services
and Third Party Services and their use. Any modification or waiver of the terms herein by Edu-Best must
be in a writing signed by an authorized representative of Edu-Best and expressly referencing the
applicable provisions of this Agreement. If any provision of this Agreement is invalid or unenforceable
under applicable law, then it shall be interpreted to accomplish the objectives of such provision to the
fullest extent possible under applicable law, and the remaining provisions will continue in full force and
effect. This Agreement may not be assigned by you without the prior written approval of Edu-Best, but
may be assigned without your consent by Edu-Best to (a) a parent or subsidiary, (b) in an acquisition of
the assets including the Services, in whole or in part, (c) a successor by merger or amalgamation. Any
assignment in violation of this Section will be void. If you are a visitor to the EDU-BEST.com website or you
subscribe to use the Services and you are resident in Canada, this Agreement will be governed by the laws
of the Province of Alberta, without regard to its conflicts of laws principles, and applicable federal law. In
that situation, the parties consent to the exclusive jurisdiction of the courts of the Province of Alberta. The
United Nations Convention on Contracts for the International Sale of Goods does not apply to this
Agreement.
Revised: September 1, 2023