Lectica, Inc., Northampton, MA 01060
(Revised November 3, 2018)
PARENTS AND TEACHERS: We encourage parents, guardians, and teachers to spend time with their Children (Children 12 and under) when their Children engage in the online activities on this Site. We never request Personal Identifying Information, other than name, birth year, school grade, and email address directly from a Child. We encourage parents to help us protect their Children's privacy by instructing them never to provide Personal Information of any kind on this Site or any other website without parental permission.
CHILDREN: To register or take an assessment on one of our sites, you may need to provide an email address, your name, your birth year, and your school grade. Please do not give this information or any other information about you, like your home address, telephone number or any other Personal Information that would enable someone to contact you either online or off-line, without first asking your parent or guardian and teacher for permission.
Children may from time to time voluntarily submit Personal information through a "Contact Us" link on the Site or a public posting area on the Site, if such feature is available. If a Child e-mails us via a "Contact Us" link on any child-directed or public area of this Site and we can identify the sender as a Child, any Personal Information submitted will only be used to respond on a one-time basis to such Child. In addition, if we have actual knowledge that a Child is posting Personal Information on any area of this Site, we will use commercially reasonable efforts to delete such Personal Information before it is made public. Please note that any online store that may be accessed from the Site is intended for parents, teachers and other adult purchasers over the age of 18 and requires the submission of Personal Information to fulfill and service any transactions.
We may disclose a Child's Personal Information if we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other users, or anyone else that could be harmed by such activities. We may also disclose a Child's Personal Information when we believe in good faith that the law requires it.
This Site may include external links to other sites of possible interest to users of this Site. In addition to lecticalive, Lectica operates World Wide Web sites for the Developmental Testing Service (DTS), our blog, and our Moodle site. You may access these sites directly or through lecticalive.org.
We collect and store personal information that can identify you as a specific individual ("Personal Information"), which you provide voluntarily when using our Site. Personal Information may include, but is not limited to: your full name, email address, home address, phone number, date of birth, credit card information, and certain other information, such as a Social Security Number, if it is linked with your Personal Information. We strongly recommend that you not use your Social Security Number or any other important personal information as a user ID or password for this Site or others.
Lectica does not collect Personal Information about a user unless it is voluntarily provided to our Company. We use personal information to serve the user's needs and our legitimate business purposes as stated here. For example, when a user sends us a message or makes an online purchase, we need to retain certain Personal Information on this Site in order to respond. We may also use Personal Information to help us make improvements to this Site. We do not use the Personal Information you provide for marketing or promotional purposes without your consent. The information will be treated confidentially within our company, as we protect other confidential information. You can choose not to provide certain information, but then you might not be able to take advantage of certain Site features.
No unauthorized individual is permitted access to users' assessment results, including essays, scores, comments, etc. However, any Personal Information that is voluntarily posted by a user to a PUBLIC area of a Lectica Web site (for example, a posting to a bulletin board or chat room) might be collected and used by others. We cannot prevent such uses. We advise users to exercise caution in public spaces on our sites.
Lectica may use a third party service to collect anonymous visitor information like IP addresses, browser types (such as Internet Explorer or Netscape), referring pages, pages visited, and time spent on a particular site. Lectica collects this information (1) for statistical analysis of web page traffic patterns; (2) to administer our Site and servers; (3) to allow for auditing of our services by some third parties who have that right; and (4) for internal purposes to make marketing decisions.
For pages that provide materials and services to instructors and students for purposes of specific courses or testing, the Site may display the names, email addresses, scores, and log-in names of instructors and students and make them available to school administrators. Administrators may store personal data generated through the assessment interface for the purpose of maintaining educational records or other legitimate educational purposes.
Lectica may use assessment information to compile aggregate data for research purposes. We may share data from assessments with third parties who are engaged in research that we believe in good faith is legitimate and who agree to use the information for research purposes only. This information will be studied and/or shared only in aggregate, and never in connection with your personal identifying information.
Our Site uses "cookies" to obtain certain types of information when your Web browser accesses the Site. Cookies are textual identifiers that our system transfers to your computer's hard drive through your Web browser to enable our Site to recognize your browser, and to optimize and sometimes customize your use of our Site. If you want to disable cookies, you can. The Help portion of the toolbar on most browsers and "add-on" programs will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. It is your choice, but cookies allow you to take full advantage of this Site's features, and we recommend that you leave them turned on.
Lectica reserves the right to monitor your use of the site to determine if you are complying with our terms and the right, in its sole discretion, to terminate your access to the Site.
If you have any concerns or questions about privacy on this Site, please Contact Us.
The network of Web Sites operated by Lectica, Inc. ("Lectica"), or its affiliates, is comprised of various Web sites and Web pages (collectively, the "Lectica Web Sites"). These Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Lectica Web Sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular Lectica website included within the Lectica Web Sites network may also be subject to additional terms outlined elsewhere on that website (the "Additional Terms"). Additionally, the Lectica Web Sites may themselves contain additional terms that govern particular features (for example, assessments). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular Lectica website, then these terms shall control.
Lectica reserves the right to change the terms, conditions, and notices under which the Lectica Web Sites are offered, including but not limited to the charges associated with the use of the Lectica Web Sites. You are responsible for regularly reviewing these terms and conditions.
Unless otherwise specified, the Lectica Web Sites are for your personal and non-commercial use. Unless otherwise stated, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Lectica Web Sites without written permission.
You may display, and subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own non-commercial use, or to place an order with Lectica or to purchase Lectica products. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of Lectica is strictly prohibited.
Harassment in any manner or form on the Site or any of the Lectica Websites, including via e-mail or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Lectica employee, host, or representative or other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
The entire content included in this Site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of Lectica. The collective work includes works that are licensed to Lectica. Copyright 2017. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively the "Marks") are trademarks or registered trademarks of and are proprietary to Lectica, or other respective owners that have granted Lectica the right and license to use such Marks.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the website's designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
Lectica respects the intellectual property of others, and we ask our users and visitors to do the same. Lectica will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Lectica will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Lectica the following information. Please be advised that to be effective, the Notification must include ALL of the following:
Notices of claimed copyright infringement should be directed to:
Lectica, Inc., Legal Division Copyright Agent
IMPORTANT NOTE: The preceding information is provided exclusively for notifying Lectica that your copyrighted material may have been infringed. All other inquiries, such as service-related questions and requests, or questions regarding privacy, will not receive a response through this process.
These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration or shopping process. These terms and conditions, or any of them, may be modified or terminated by Lectica without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.
Lectica does not and cannot review all communications and materials posted to or created by users accessing the Site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Site, Lectica is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, Lectica, at its sole discretion, reserves the right to block or remove communications or materials that it determines to be
Lectica may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. Lectica, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.
In an attempt to provide increased value to our visitors, this Site may contain links to other websites that are owned and operated by third parties ("External Sites"). However, even if the third party is affiliated with Lectica, Lectica has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Lectica. Lectica has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such websites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that Lectica sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, Lectica seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work). You should contact the Site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
Each claim or statement about the quality of Lectica products and/or each claim or statement comparing the quality of Lectica products to the quality of other products is expressly limited to the United States, unless otherwise disclosed on the Site.
Lectica makes no warranties or representations about the accuracy or completeness of this Site's content or the content of any site or External Sites.
Lectica does monitor content that children may view through our sites or "hot-linked" sites, but we do not guarantee that they cannot receive content and materials from the Internet that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using electronic filtering software.
This site and the materials, information service, and products in this Site, including, without limitation, text, graphics, and links, are provided “as is” and without warranties of any kind, whether expressed or implied. To the fullest extent permissible, pursuant to applicable law, Lectica disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, freedom from computer virus, and warranties arising from course of dealing or course of performance. Lectica does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that makes this site available are free of viruses or other harmful components. Lectica does not make any warranties or representations regarding this use of the materials in this Site in terms of there completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise. The above limitations may not apply to you.
In no event shall Lectica be liable for any direct, indirect, special, punitive, incidental, exemplary, or consequential damages, or any damages whatsoever, even if Lectica has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this Site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
You agree to indemnify, defend, and hold harmless Lectica, its officers, directors, employees, agents, licensors and suppliers (collectively the "Provider") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account.
Your use of this Site shall be governed in all respects by the laws of the state of Massachusetts, USA, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of Lectica products) shall be in the state or federal courts located in Hampshire County, MA. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of DTS products) must be commenced within one (1) year after the claim or cause of action arises. Lectica's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Lectica may assign its rights and duties under this Agreement to any party at any time without notice to you.
By using this Site, you agree that Lectica, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section.
Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.
Lectica reserves the right to revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.