Professional Therapy Guarantee

Lexercise® Terms and Conditions

Last Modified: August 12, 2024

Subject to the terms and conditions described below, we provide a one-time, limited guarantee of success for each User that engages in Professional Therapy sessions with the Lexercise Structured Literacy curriculum on the Platform. If a User does not improve one (1) Grade Level in Reading (as defined below) after that User’s first eight (8) weeks of Professional Therapy via the Platform, we will provide the User with an additional four (4) weeks of Professional Therapy via the Platform for no additional charge (the “Lexercise Guarantee”). Capitalized terms that are not otherwise defined here have the meanings given to them in our Client Terms of Service, which you can view by visiting: https://www.lexercise.com/about/legal/client-terms.

For a User to be eligible for the Lexercise Guarantee, the following conditions must be met:

  1. Upon registration or otherwise at least three (3) business days prior to the User’s first therapy session, the User must sign and complete (or, if the User is a minor child, a Guardian must sign and complete on the User’s behalf) a Guarantee Agreement acknowledging the User (or, if applicable, the Guardian) has read and understood the terms of the Lexercise Guarantee and agrees to its contents.
  2. The User must attend and participate (and, if the User is a minor child, a Guardian must also attend and participate) in eight (8) consecutive weekly therapy sessions. By way of illustration, the User may not skip and reschedule a therapy session to a subsequent week such that the total of eight therapy sessions extends beyond a time frame of eight consecutive weeks.
  3. The User must participate with the Therapist for the entire therapy session each week.
  4. The User must complete all assigned online Lexercise practice exercises and activities in at least four (4) days of each session week, which starts each week on the day the one-on-one online weekly session takes place.
  5. The User must not have had structured literacy intervention prior to starting the therapy process with Lexercise.
  6. If, in the User’s first session, the User is assessed with an initial reading level of grade 12, the Lexercise Guarantee will not apply. This is because the reading assessments used in the first session top out at grade 12, so if a User scores an initial reading level of grade 12 in his or her first session, then we will not have an objective way to measure and track the User’s progress against the commitment of this guarantee.
  7. The User and Therapist must use the Lexercise Structured Literacy Curriculum™ as designed in sessions that will address one or more components of literacy (i.e., reading, spelling and writing words) and include reading as one of the components addressed. In some cases the Therapist may in his or her discretion recommend another curriculum to a User, or the Therapist may recommend focusing sessions on one or two components of structured literacy that do not include reading (e.g., focusing only on improvements in spelling or handwriting). If in our discretion we determine that a curriculum other than the Lexercise Structured Literacy Curriculum™ is used or if in our discretion we determine that the Professional Therapy sessions have focused on components of structured literacy that do not include reading, then the User will not be eligible for the Lexercise Guarantee and the Lexercise Guarantee will not apply.

If any of these conditions have not been met at the end of the relevant eight-week period, the User will not be eligible for the Lexercise Guarantee.

If the User’s Professional Therapy sessions are being paid for by a Funding Organization (as defined and described in our Client Terms of Service) and are not being paid for by the applicable Guardian directly, then that User will not be eligible for the Lexercise Guarantee and the Lexercise Guarantee will not apply in that situation.

Tracking a User’s Progress

Readers

Users who initially read single words on the San Diego Quick Assessment at or above an independent 1st grade level will be deemed Readers and will be assessed using the Reader Protocol, an oral paragraph reading accuracy procedure. The exception to this is if the User fails to successfully read the 1st grade passage in the Reader Protocol, in which case the User will be considered a Pre-reader and moved to the Pre-reader Protocol.

MetaMetrics has developed an industry-standard measure of individuals’ reading skill on its Lexile® scale. Research indicates that elementary-school-aged students increase their reading skill on average by 100 Lexile® per school year, while high-school-aged students increase their reading skill on average by 50 Lexile® per school year. More information about their Lexile® framework can be found by visiting: https://lexile.com.

Improvement will be measured by comparing a baseline score measured in that User’s first therapy session with the User’s score measured in the User’s eighth therapy session.

For the purposes of this Lexercise Guarantee a “Grade Level in Reading” for Readers means:

  1. For a student with an initial reading score of grade 8 or less, an improvement of at least 100 Lexile points;
  2. For a student with an initial reading score of grade 9 through 11,  an improvement of at least 50 Lexile points.

Pre-Readers

Users who initially read single words on the San Diego Quick Assessment at or below an independent pre-Kindergarten or Kindergarten level and Users who are unable to successfully read the 1st grade passage on the Reader flow above will be deemed Pre-Readers and will be assessed using the Pre-Reader Protocol, which includes three foundational skills tasks:  1-Blending Sounds, 2-Sounds & Letters, 3-Reading Short Sentences. A User must score at a Kindergarten level on all three tasks to be placed at a Kindergarten level. Otherwise the User is placed at a Pre-Kindergarten level.

Improvement will be measured by comparing a baseline score measured in that User’s first therapy session with the User’s score measured in the User’s eighth therapy session.

For the purposes of this Lexercise Guarantee a “Grade Level in Reading” for Pre-Readers means:

  1. If the User is initially assessed at a foundational skills rating of Pre-Kindergarten, an improvement from a rating of Pre-Kindergarten to a rating of Kindergarten;
  2. If the User is initially assessed at a foundational skills rating of Kindergarten, an improvement from a rating of Kindergarten to an independent 1st grade reading level as assessed using the Reader Protocol. (See above.)

All score measurements for both Readers and Pre-Readers will be made using the Lexercise progress monitoring system.