Terms of Service
These Terms of Service Govern Participation With Eyes Up Reading
Eyes Up Reading Terms of Service
Effective Date: August 28, 2026
Last Updated: August 28, 2026
Company address: 3340 W. Sexton Street, Springfield, MO 65810 | Phone: 417-290-0971 | Email: coachmichelle at eyesupreading.com
1. Acceptance of These Terms
These Terms of Use ("Terms") govern your access to and use of the website, forms, communications, text messaging (SMS) program, and reading vision assessment and coaching services (collectively, the "Services") offered by Eyes Up Reading ("Company," "we," "us," or "our"). By accessing our website, submitting a form, enrolling a child in our Services, or opting in to receive text messages from us, you agree to be bound by these Terms. If you do not agree, please do not use the Services.
These Terms incorporate by reference, and should be read together with, the Company's Privacy Policy.
2. Age Restrictions and Eligibility
The Services, including this website, any online forms, and the SMS program, are intended for use only by individuals who are 18 years of age or older. By using the Services or opting in to SMS communications, you represent that you are at least 18 years old.
Any use of the Services by, or on behalf of, a minor child — including participation in a Reading Vision Assessment or coaching session — must be under the strict supervision of, and with the informed consent of, a parent or legal guardian. Minors may not independently create an account, submit information through our website, register for services, or opt in to SMS communications. All information regarding a child is provided, and all consents relating to a child are given, by that child's parent or legal guardian.
3. Description of Services
Eyes Up Reading provides a non-clinical, observational Reading Vision Assessment intended to help identify potential eye-tracking issues that may affect a child's or client's reading comfort, and to determine whether customized reading instruction and eye exercises may be appropriate to support eye-tracking ability, reading comfort, and reading ability. The Reading Vision Assessment may include age-appropriate reading tasks, observation of eye movements while reading, discussion of reading comfort, screen-based tasks, and other
non-medical educational activities related to reading vision.
The Reading Vision Assessment may be performed by Dr. Eldon McMurray and/or a Reading Vision Assessment Specialist. The Services are educational, observational, and non-clinical in nature. A Certified Reading Vision Coach does not act as a physician, optometrist, ophthalmologist, psychologist, licensed therapist, special-education evaluator, or other licensed health-care or educational-diagnostic professional.
4. Nature and Limits of the Assessment
By using the Services, you acknowledge and agree that:
a. The Reading Vision Assessment is limited to reading vision and potential eye-tracking issues as they may relate to reading comfort and reading ability.
b. The assessment is not a comprehensive eye examination, medical vision examination, diagnosis, treatment, prescription, or medical opinion.
c. The assessment is not a diagnosis of dyslexia, a learning disability, attention-deficit/hyperactivity disorder, neurological condition, visual impairment, educational disability, or any medical, psychological, or educational condition.
d. The assessment is not an Individualized Education Program (IEP) evaluation, Section 504 evaluation, psychoeducational evaluation, or a substitute for a school district's or licensed professional's evaluation.
e. The assessment does not replace routine eye care, a comprehensive eye examination, medical care, educational evaluation, psychological evaluation, emergency care, or advice from a qualified licensed professional.
f. If a child has eye pain, sudden changes in vision, double vision, injury, severe headaches, or another urgent concern, the parent or guardian will seek appropriate medical or emergency care. The Company does not provide emergency services.
Results and recommendations are provided verbally by a Reading Vision Coach and reflect educational observations, not a medical, psychological, or educational diagnosis. No specific outcome, improvement, or result is promised or guaranteed. A written summary or report, if requested, is subject to the Company's then-current policies regarding availability, format, fee, and permitted recipients.
5. Possible Risks, Limitations, and Potential Benefits
Potential risks and limitations include that a child may experience no improvement in reading comfort or reading ability; that the assessment and any subsequent instruction or exercises may not identify all factors affecting reading, vision, learning, attention, behavior, or academic performance; and that reading or screen-based tasks may cause temporary frustration, fatigue, or discomfort (activities may be paused or stopped upon request).
Potential benefits may include a greater understanding of eye-tracking patterns affecting reading comfort, recommendations for customized reading instruction and eye exercises, and possible improvement in reading comfort and ability. These benefits are possible, but not guaranteed.
6. Fees and Payment
Current fees include:
(1) Reading Vision Assessment: $125.00, paid to Eyes Up Reading, the Company, upon scheduling via the website.
(2) Certified Reading Vision Coach session: $39.00 per 30-minute session for children and youth under 18 years of age, and $59.00 per 30-minute session for adults 18 years of age and older, to be billed separately by your Reading Vision Coach, acting as an Independent Contractor and paid directly to your Reading Vision Coach, acting as an Independent Contractor and not as an employee of the Company Eyes Up Reading.
(3) Training Kit: $45.00, to be billed separately by your Reading Vision Coach, acting as an Independent Contractor and paid directly to your Reading Vision Coach, acting as an Independent Contractor and not as an employee of the Company Eyes Up Reading.
Unless otherwise agreed in writing, fees are due before the session. Additional services, sessions, materials, cancellations, late fees, or other charges, if any, are governed by the Company's separate written policies. The Company does not represent that its services are covered by health insurance, educational funding, or any other third-party payer.
7. Voluntary Participation
Participation in the Services is voluntary. A parent or guardian may ask questions before or during an assessment and may withdraw a child, or ask to pause or stop an activity, at any time. If an assessment requires recording for scoring, documentation, quality review, or another stated purpose, the Recording Consent described below controls the collection and use of that recording. If required recording permission is not provided, the Company may be unable to provide all or part of the assessment.
8. Recording of Sessions
As part of the Services, you consent to the Company and/or your Reading Vision Coach, acting as an Independent Contractor, creating audio recordings, video recordings, screen recordings of digital reading tasks and responses, eye-tracking or eye-movement data, and still images or screenshots derived from a recording. The Company will not record more than is reasonably necessary for the Assessment or Coaching Session and will not knowingly record unrelated private areas, activities, or conversations.
Recordings may be used to conduct, score, review, and document assessments; provide customized instruction and exercises; review progress across sessions; and for internal quality assurance, supervision, and coach training, limited to personnel and contractors who need the information to perform their duties. De-identified information derived from recordings may also be used for internal program improvement, outcome review, or research. Recordings and related information are not used for public-facing, promotional, testimonial, advertising, website, social-media, or marketing purposes unless a separate written media release is signed.
Access to identifiable recordings is limited to authorized Company personnel and coaches who need access to provide the Services, approved service providers who help store, transmit, or process recordings, and the parent or legal guardian where required or permitted by law. Recordings are retained for 5 years after the final assessment or session date, consistent with the Company's Record Retention and Deletion Policy, after which they are deleted, destroyed, or de-identified unless longer retention is required by law, necessary to resolve a legal claim, or authorized by new written consent.
A parent or guardian may withdraw recording consent at any time by written request to Michelle Novak, Senior Reading Vision Coach, at [email protected] or 3340 W. Sexton Street, Springfield, MO 65810. Withdrawal applies prospectively and does not affect recordings already created, uses already made, records required to be retained by law, or de-identified information that can no longer reasonably be connected to the child. Withdrawing required recording consent may mean the Company cannot continue an assessment or service that depends on that recording.
9. SMS / Text Messaging Program
9.1 Description of SMS Use Cases
If you provide your mobile phone number and affirmatively opt in, Eyes Up Reading may send you recurring text messages relating to the Services, including: appointment reminders and scheduling messages; confirmations and rescheduling notices; service-related updates and announcements; responses to questions you submit; and other administrative communications for which you have provided consent. Message frequency varies based on your appointments, interactions, and communication preferences. SMS messages are not used to send protected health information.
9.2 Opt-In and Opt-Out
Consent to receive SMS messages is not a condition of purchasing any service. You may opt out of receiving text messages at any time by replying STOP to any message you receive from us. After you opt out, you may receive one final text message confirming that your opt-out request has been processed, and no further messages will be sent unless you opt in again.
9.3 Customer Support
For help with the SMS program, reply HELP to any text message, or contact our customer support team directly at 417-290-0971 or coachmichelle at eyesupreading.com. You are responsible for providing a current, accurate mobile number and for notifying us if your number changes or is reassigned to another party.
9.4 Message and Data Rates
Message and data rates may apply to text messages sent or received in connection with the SMS program, depending on your mobile carrier and plan. You are responsible for any charges from your wireless carrier.
9.5 Carrier Liability Disclaimer
Wireless carriers are not liable for delayed or undelivered messages. Carriers do not guarantee delivery of SMS messages and are not responsible for any delays, failures, or errors in transmission. The Company is not responsible for any charges, damages, or losses arising from carrier network issues, delayed or undelivered messages, or your carrier's handling of text messages sent through this program.
9.6 Service Providers
The Company may use third-party service providers to deliver SMS messages on its behalf. Those providers may access mobile numbers and message-delivery information only as needed to provide the messaging service and as permitted by law. No mobile information, including phone numbers, SMS opt-in information, consent records, or originator information, is shared with third parties or affiliates for marketing or promotional purposes.
ans.
10. Privacy Policy
Our collection, use, and disclosure of personal information — including information collected through this website, our forms, our SMS program, and in connection with the Services — is described in our Privacy Policy, available at: https://EyesUpReading.com/privacy. By using the Services, you acknowledge that you have had the opportunity to review the Privacy Policy. The Privacy Policy is incorporated into these Terms by reference.
11. Disclaimers
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO SPECIFIC OUTCOME, IMPROVEMENT, OR RESULT FROM THE READING VISION ASSESSMENT OR ANY COACHING SESSION IS PROMISED OR GUARANTEED. THE SERVICES ARE NOT A SUBSTITUTE FOR MEDICAL, PSYCHOLOGICAL, OR EDUCATIONAL EVALUATION OR CARE, AND THE COMPANY DOES NOT PROVIDE EMERGENCY SERVICES.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, ITS OWNERS, EMPLOYEES, CONTRACTORS, AND COACHES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES OR THE SMS PROGRAM, INCLUDING DELAYED OR UNDELIVERED TEXT MESSAGES. NOTHING IN THESE TERMS IS INTENDED TO LIMIT LIABILITY WHERE SUCH LIMITATION IS NOT PERMITTED BY APPLICABLE LAW.
13. Dispute Resolution; Binding Arbitration
13.1 Agreement to Arbitrate
You and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, the SMS program, or the Informed Consent, Recording Consent, or Privacy Policy referenced in these Terms (a "Dispute") will be resolved by binding, individual arbitration, rather than in court, except as set forth in Section 13.5 below. This agreement to arbitrate is governed by the Federal Arbitration Act.
13.2 Arbitration Procedure
The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect. The arbitration will be conducted by a single arbitrator and will take place in, or be conducted by telephone or videoconference convenient to, Greene County, Missouri, unless you and the Company agree otherwise. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
13.3 Class Action and Jury Trial Waiver
YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND THE COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AND THE COMPANY ALSO WAIVE ANY RIGHT TO A JURY TRIAL FOR ANY DISPUTE SUBJECT TO ARBITRATION UNDER THIS SECTION.
13.4 Right to Opt Out
You may opt out of this arbitration agreement by sending written notice to Michelle Novak at [email protected] or 3340 W. Sexton Street, Springfield, MO 65810, within 30 days of the date you first agree to these Terms. Your notice must include your name, the name of the child (if applicable), and a clear statement that you wish to opt out of arbitration. If you opt out, neither you nor the Company will be required to arbitrate Disputes, but all other provisions of these Terms will continue to apply.
13.5 Exceptions
Notwithstanding the above, either party may bring an individual action in small claims court for a qualifying dispute, and either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's confidentiality or intellectual-property rights. This arbitration agreement does not limit any right you may have to file a complaint with a government agency.
13.6 Severability
If the class-action or representative-proceeding waiver in Section 13.3 is found unenforceable as to a particular Dispute, then that Dispute (and only that Dispute) will proceed in court rather than in arbitration; the remainder of this Section 13 will otherwise remain in effect.
14. Changes to These Terms
We may update these Terms from time to time. When we do, we will post the revised version and update the effective date above. Your continued use of the Services after a revision becomes effective constitutes acceptance of the updated Terms. For material changes affecting a currently enrolled client, we may also provide direct notice.
15. Governing Law
These Terms are governed by the laws of the State of Missouri, without regard to its conflict-of-laws principles, unless otherwise required by applicable law. This governing-law provision does not override the Federal Arbitration Act's application to Section 13.
16. Contact Us
Eyes Up Reading
Michelle Novak, Senior Reading Vision Coach
3340 W. Sexton Street, Springfield, MO 65810
Phone: 417-290-0971
Email: coachmichelle at eyesupreading.com
LEGAL DISCLAIMER: Eyes Up Reading does not provide clinical diagnosis or prescription from state-licensed optometrists or ophthalmologists or orthoptists. We do not provide optometric vision therapy. We do not treat diagnosed visual disorders, strabismus, or amblyopia. We do not treat dyslexia, ADHD, or learning disabilities. Instead, we provide tutoring/educational intervention and we address visual-skills related to reading, particularly life-long eye-tracking issues that often contribute to most reading challenges.
If you need clinical vision therapy, please see a licensed professional.
Statements made within testimonials are the words and perspectives of the individuals sharing their stories and do not represent medical or optometric diagnoses, treatment claims, or professional medical opinions made by Eyes Up Reading. Testimonials shared on this website reflect the personal experiences and observations of individual students and families. Individual experiences and results may vary.
Copyright © 2026 Eyes Up Reading