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MetaMetrics®’ Terms of Use

Updated October 2024

INTRODUCTION

At MetaMetrics, Inc., (“MetaMetrics”, “we”, “our” or “us”) we want educators, researchers, and parents (collectively our “Users” or “you”) to be able to learn about our various products and services, including our websites on which these Terms of Use are posted, including the Lexile® & Quantile® Hub (described below) and any other websites, including any subdomains and mobile versions thereof, featuring a link to these Terms of Use (collectively, our “Sites”). Access and use of any of our Sites is subject to these Terms of Use, as well as all applicable laws. By using any of our Sites, you agree to these Terms of Use. If you do not agree with these Terms of Use, please do not access or use any of our Sites.

The Sites are provided for various purposes. Some are solely for informational purposes and the purposes of enabling communication between you and MetaMetrics. Others may offer specific services or programs, may enable you to subscribe to certain services, place orders online, or may have other services, offerings, or features. To the extent that new services, offerings or features are added to our Sites over time, they are also subject to these Terms of Use.

ADDITIONAL TERMS

Our Privacy Policy describes the information we collect when you use our Sites, as well as how we use that information, and some of the steps we take to protect your privacy. Our Privacy Policy is part of these Terms of Use. By accessing our Sites and agreeing to these Terms, you are also consenting to our use of your personal information in accordance with our Privacy Policy.

Some of our Sites may enable you or your company to subscribe to our products or services, and they may contain additional terms and conditions, or you or your company may otherwise enter into a separate agreement with MetaMetrics, such as an end user license agreement, a Master Services Agreement or other terms (each of the foregoing, “Additional Terms”). If you encounter Additional Terms on one of our Sites, you may be asked to expressly consent to the Additional Terms, for example, by checking a box or clicking on a button marked “I agree.” If you enter Additional Terms on behalf of your company, you represent and warrant that you have the authority to consent to such Additional Terms on behalf of your company. If any of the terms of the Additional Terms are different than these Terms of Use, the Additional Terms will supplement or amend these Terms of Use, but only with respect to the matters governed by the Additional Terms.

Certain functionality of our Sites (such as payment processing), may be operated on our behalf by third parties, and may be subject to the Terms of Use and/or Privacy Policies of those parties. We are not responsible for any aspect of these third-party service providers or websites. Please review any terms and conditions that may apply if and when you visit our online stores or other areas operated by third parties.

USER ACCOUNTS

In order to access certain areas and functionality on our Sites, you may need to register for an account, including a username and password. You are responsible for maintaining the confidentiality of your account and your username and password. You are responsible for all activities that occur under your account and you agree to notify MetaMetrics immediately (via email to support@lexile.com opens in a new window if you suspect any unauthorized use of your account. MetaMetrics is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.

LEXILE® & QUANTILE® HUB

We want to enable our Users to easily put the Lexile® Framework and Quantile® Framework to work at home and in classrooms. To do this, we made web-based tools accessible from a single platform called the Lexile® & Quantile® Hub (“The Hub”). The Hub is maintained by MetaMetrics, Inc. and hosted at Hub.Lexile.com.

CHANGES TO THE TERMS OF USE

We reserve the right to change these Terms of Use at any time. We will make a reasonable effort to inform you about any material changes to these Terms of Use. However, it is your responsibility to check these Terms of Use periodically for changes. Your continued use of any of our Sites, now or after the posting of any changes to these Terms of Use, means that you accept the modified Terms of Use.

SITE CONTENTS

Our Sites are protected by applicable law. “Contents” for our Sites and each of the tools include but are not limited to:

  • Text
  • Names
  • Data
  • Compilations
  • Graphics
  • Logos
  • Buttons
  • Icons
  • Images
  • Code
  • Methods
  • Techniques
  • Models
  • Software

The Contents of our Sites are the property of MetaMetrics® or its licensors/providers. Contents are protected by the patent, copyright, trademark and trade secret laws of the United States and/or other countries.

MODIFICATIONS TO SITES

We may stop, change, or suspend any aspect of our Sites at any time. This includes the availability of any of the Contents or tools on our Sites, or any features or functionality. We may also impose limits on the use of certain features and functions. We may control or limit your access to parts of our Sites, to certain services, or to the entire Site, without notice or legal responsibility to you or any other party.

USE OF THE SITES

Educators and researchers using the Hub or our other Sites in the classroom, individuals using them at home for personal use, and researchers affiliated with a college/university (collectively “Educational Users”) are hereby granted a license to print, download, reproduce, and display, all information provided by The Hub or our other Sites for their individual, educational, or research purposes, provided that fees are not charged to any third parties and no revenue is generated from any such use (collectively “Non-Commercial Use”). Other than Non-Commercial Use by Educational Users, which may rely on the license granted in these Terms of Use, you may only use our Sites, services and Content in accordance with any Additional Terms entered into with MetaMetrics. Any other use, including without limitation resale or any commercial use not expressly permitted by Additional Terms is strictly prohibited. We reserve the right to block access to any user we believe is profiting personally or commercially from the sale or other use of any of the information that comes out of The Hub tools or any other tools, content, or functionality of our Sites. This includes, but is not limited to, the publishing or distributing of:

  • Lexile® measures and ranges
  • Quantile® measures and ranges
  • Lexile® Career Database and Quantile® Career Database career and measure information
  • Lexile® WordLists words and frequencies
  • QSC numbers, descriptions, measures, knowledge clusters, and strand information
  • Quantile® resources
  • Lexile® National User Norms and Quantile® National User Norms information
  • Fluency Friday content
  • Foundational Reading text information and Decodable texts
  • Lexile® Grade Level Charts and Quantile® Grade Level Charts
  • Lexile® Growth Planner and Quantile® Growth Planner Results

You may not use the Contents of our Sites in any manner inconsistent with the rights of MetaMetrics. That means, other than Educational Users engaged in Non-Commercial Use of our Sites and Content, you may not do the following with or to the Content, except as expressly permitted by any Additional Terms you have entered with MetaMetrics:

  • Copy
  • Store as a hardcopy
  • Store as an electronic format
  • Transmit
  • Transfer
  • Perform
  • Broadcast
  • Publish
  • Reproduce
  • Create a derivative work from
  • Display
  • Distribute
  • Sell
  • Offer for sale
  • License
  • Rent
  • Lease
  • Frame
  • Deep link

This includes, but is not limited to, use of the Contents for any commercial purpose, without the express written permission of MetaMetrics (which may be granted by entering into Additional Terms).

In addition, all users agree that you will not:

  • Use the Sites in any manner that could damage, disable, overburden, or impair the Sites or any MetaMetrics services, or interfere with any other party’s use and enjoyment of them;
  • Attempt to gain unauthorized access to any other user’s account, computer systems or networks associated with the Sites or MetaMetrics;
  • Obtain or attempt to obtain any materials or information through the Sites by any means not intentionally made available or provided by MetaMetrics;
  • Use any robot, spider, or other automatic device, process or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites;
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
  • Attack the Sites via a denial-of-service attack or otherwise;
  • Impersonate or attempt to impersonate MetaMetrics, a MetaMetrics employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or
  • Post any content on the Sites that violates any third party’s intellectual property rights, rights of privacy or publicity, or other rights, contains any threats, is abusive, harassing, vulgar, obscene, indecent, defamatory, contains any disparaging statements or opinions, or is otherwise tortious or objectionable.

THIRD PARTY CONTENT AND SERVICES

Our Sites may include Content, functionality, and valuable information from third-party providers. This third-party information is provided for personal, classroom and/or university research use, or other use in accordance with Additional Terms entered into with MetaMetrics. You should read and understand these third-party provider’s Terms of Use.

We use third party service providers to host our Sites, to provide payment processing services, and for other functionality, including communications services. Actions or inactions of third-party service providers may cause disruption to or impair MetaMetrics’ connection to communications networks. Although we will use commercially reasonable efforts to take any action we deem appropriate to remedy and avoid such circumstances, we cannot control the disruptions in communications services or other services provided by third parties. We cannot guarantee that such disruptions will not occur. We are not responsible for and will have no legal responsibility resulting from or relating to such disruptions.

Our Sites may include external links to other websites of possible interest to users. These links are provided solely for your convenience. You understand that if you leave The Hub via a link, you do so at your own risk. The content of any such third-party website is not provided or endorsed by MetaMetrics. We have not reviewed or approved the Terms of Use or other policies governing such websites. We do not monitor, make any representation with respect to, or assume any liability for any third-party websites, including, without limitation, any products or services that are advertised or made available for purchase through such websites.

RESEARCH ACKNOWLEDGEMENT

If any information from The Hub is used in research by Educational Users, such researchers must properly acknowledge The Hub as the source of the information using this statement:

The authors acknowledge use of MetaMetrics, Inc.’s Lexile® & Quantile® Hub as the source of Lexile and Quantile measures and associated information. MetaMetrics has not endorsed this research.

If Lexile measure ranges from the Lexile® Text Analyzer are used in research, you must acknowledge that the Lexile text measure ranges are estimates and not certified Lexile measures/ranges using the following statement:

The author(s) acknowledges that the Lexile text measure ranges produced through the Lexile® Text Analyzer are not certified by MetaMetrics’ staff. They are estimates of text complexity. They are not measures of student ability.

INTELLECTUAL PROPERTY

The Sites and Content are protected by copyrights, trademarks, or are subject to other proprietary rights. By using any of our Sites, even if you have paid for a subscription, you are not granted permission to use any of MetaMetrics’ trademarks for any reason, nor are you granted any intellectual property rights in the Sites, the Contents, or any other intellectual property of MetaMetrics or its third-party suppliers, unless otherwise specified in Additional Terms.

Unless otherwise specified on a specific Service or at the time and place of disclosure, any Content you create or own and which you post or otherwise make available on any of our Services, such as comments posted to discussion boards, reviews of products available on our Services, or other content you may contribute (“User-Generated Content”) remains owned by you. In sharing any User-Generated Content on the Services, you warrant and represent you have the legal right to use your User-Generated Content and, unless otherwise specified on a specific Service or at the time and place of disclosure, you grant the Company an irrevocable, perpetual, royalty-free, fully paid up, worldwide, non-exclusive license to reproduce, display, modify, distribute, create derivative works of, and otherwise use your User-Generated Content for any purpose whatsoever, including without limitation for advertising or other commercial purposes, or otherwise in connection with our business, without any obligation to provide notice or attribution to you with regard to any such use. When you post any User-Generated Content on our Services, it will be visible to others, so please think carefully about what you share.

You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of all Content, copyrighted materials and trademarks that you see, hear, and use on our Services. You understand that any unauthorized use of such intellectual property may result in irreparable injury for which money damages would be inadequate. You further acknowledge that, in the event of any such unauthorized use, the Company or the applicable intellectual property owner will have the right, in addition to other remedies available at law and in equity, to seek immediate injunctive relief to prevent any such unauthorized use.

All communications, feedback, questions, comments, suggestions, proposed features, and the like (collectively “Feedback”) you submit to us through the Services or otherwise will be considered non-confidential and non-proprietary with regard to you, but we reserve the right to treat any such Feedback as our confidential information. By submitting Feedback to us, you assign to us, free of charge, a perpetual, irrevocable, worldwide license to create derivative works, distribute, reproduce, perform, display, and otherwise use, any intellectual property rights or proprietary information and ideas contained within any such Feedback, including without limitation the right to sublicense or assign any of the foregoing. We will be entitled to use any Feedback you submit to us, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing and marketing products and services using such Feedback without restriction and without notifying or compensating you in any way. Please do not send us any information or materials for which you do not wish to grant us such rights, including, without limitation, any confidential information or any original creative materials such as product ideas, written materials, photographs, original artwork, or computer code. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, their truthfulness and accuracy.

DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE.

Notification. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Sites infringes your copyright, you may request removal of those materials (or access to them) from the applicable Site by submitting written notification to our copyright agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the service are covered by a single notification, a representative list of such works from the service;
  • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material;
  • information reasonably sufficient to permit MetaMetrics to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • a statement that the information in the notification is accurate; and
  • under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Upon removing any allegedly infringing material, we will notify the alleged infringer of such takedown.

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. It is our policy to terminate the accounts of repeat infringers, in accordance with the DMCA.

Our designated copyright agent or authorized official to receive notifications and counter-notifications of claimed infringement is:

Attn: Legal Department
MetaMetrics, Inc.
800 Taylor St., Suite 102
Durham, NC 27701
Email: legal@lexile.com opens in a new window

DISCLAIMER.

THE SITES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTIES OF ANY KIND UNLESS AND TO THE EXTENT ANY WARRANTIES ARE EXPRESSLY INCLUDED IN THE ADDITIONAL TERMS. METAMETRICS ITS LICENSORS/PROVIDERS AND THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY THE “METAMETRICS PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, THE METAMETRICS PARTIES MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SECURITY OR AVAILABILITY OF THE SITES AND ANY CONTENT OR FUNCTIONALITY THEREON, OR THAT THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE. YOUR SOLE REMEDY AGAINST THE METAMETRICS PARTIES FOR DISSATISFACTION WITH ANY ASPECT OF THE SITES IS TO CEASE YOUR USE OF THE SERVICES AND/OR THE CONTENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL THE METAMETRICS PARTIES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE SERVICES) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITES, OR THE DATA, CONTENT OR INFORMATION OBTAINED FROM THE SITES OR ANY HYPERLINKED SITE, OR ANY DISRUPTION OR DELAY IN THE PERFORMANCE OF THE SITES, REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN OR FORESEEABLE, EVEN IF THE METAMETRICS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY ACCESSING ANY OF THE SITES, YOU UNDERSTAND THAT YOU ARE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST MATERIALLY AFFECT HIS OR HER SETTLEMENT WITH THE DEBTOR.” THE AGGREGATE LIABILITY OF THE METAMETRICS PARTIES FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THE SITES OR USE THEREOF TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS.

INDEMNITY.

You agree to defend, indemnify and hold harmless the MetaMetrics Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Sites other than as expressly authorized in these Terms of Use or in any Additional Terms.

TERMINATION AND RESTRICTION OF ACCESS.

In its sole discretion, the Company may terminate or suspend your access to the Services for any reason, at any time, without notice, including for breach of these Terms. The Company shall not be liable for any losses or damages arising from any such termination of service.

GOVERNING LAW AND JURISDICTION

These Terms of Use are governed by the laws of the State of North Carolina, without regard to its conflict of laws principles. You agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts in North Carolina for the resolution of any disputes arising from these Terms of Use.

MISCELLANEOUS

If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms of Use shall continue in effect.

Any cause of action or claim you may have arising out of or relating to these Terms of Use or the Sites must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

CONTACT INFORMATION

If at any time you have questions or concerns about any of our Sites or these Terms of Use, please feel free to contact us by sending an email to support@lexile.com opens in a new window.

The trademarks and names of other companies and products mentioned herein are the property of MetaMetrics, Inc. or their respective owners. Copyright © 2023 MetaMetrics, Inc. All rights reserved.

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