Terms of Service
1. This Is a Contract Between You and PhonicsAndStuff.com
This is a contract between you and PhonicsAndStuff.com (hereafter "PhonicsAndStuff", "we",
or "our.") You are an individual person, or you are an employee or other agent of an entity
on whose behalf you are accepting this contract. This contract covers your use of this
service, and includes any other related services, software, machines, support, content
and other media, papers, updates or upgrades. We refer to these all as the "Service." Please
note that this contract limits our liability and we do not provide warranties for the Service.
The contract also limits your remedies. We shall not be held responsible for any malfunction
or damages caused by using Services, downloadable files and/or installation of Services.
Some of the Services are not compatible with the entire variety of mobile devices and computers.
You shall be solely responsible for procuring a compatible device if you wish to use some
or all of the Services offered by PhonicsAndStuff.
2. Acceptance of Terms
We thank you for trying our services. We provide its service to you, subject to the following
Terms of Service ("TOS"), which may be updated by us from time to time without notice to
you. When using particular our services, you and shall be subject to any posted guidelines
or rules applicable to such services that may be posted from time to time. All such guidelines
or rules are hereby incorporated by reference into the TOS.
You are required to review our
Privacy Policy. We encourage you to raise any questions.
You affirm that you have read and accepted these TOS and the
Privacy Policy, and that you are fully able and competent to
enter into and comply with the Terms of Use, conditions, obligations, affirmations,
representations, and warranties set forth herein.
3. How and When You May Use the Service
We provide the Service for your personal or business use. You may not use the Service in
a way that is against the law. You may not rent, lease, license or otherwise transfer any
rights to use the Service. You may not provide commercial hosting services under this Agreement.
You also may not use it in a way that harms our affiliates, resellers, distributors, service
providers, suppliers, or us. We may tell you about certain specific harmful uses in a code
of conduct or other notice available through the Service. We have, however, no duty to
do so. You will obey any codes of conduct or other notices we provide. You may start using
the Service right after you finish the sign-up process. No withdrawal right or "cooling-off"
period applies to the Service, except if the law requires a "cooling off" period even when
your use of a service starts right away.
4. COPPA and Parental Consent.
If a Teacher allows students under the age of 13 to use the Services, Teacher consents
as required under the Children’s Online Privacy Protection Act to the collection and use
of personal information in the Services, described in the Privacy Policy. Teacher must
obtain verifiable parent or guardian consent for the collection and use of personal information
before allowing any students under the age of 13 to use the Services. See Downloadable
Take Home Letter to gather parent or guardian consent.
5. You Are Responsible For Your Service Account
You are responsible for all activity under your Service account. You are responsible for
keeping confidential any password for your Service account. You must tell us right away
about anyone using your account without your consent, or any security breach that relates
to the Service.
6. Charges and Billing
Parts of PhonicsAndStuff are available at no cost, however there are optional upgrades
offered. This section applies only to these optional upgrades. For the services available
without a fee, this section does not apply. If you pay us for the Service (either currently,
or in the future), then the terms of this Section 6 apply to you.
6.1 Payment
When you first sign up for any optional Paid Service, you create a "License" and enter
your "Payment Method." You confirm that you are authorized to use the Payment Method. You
authorize us to charge you for the Service using your Payment Method. You authorize us
to charge you for any additional PhonicsAndStuff services for which you choose to sign-up
while this contract is in force. You will pay Service charges in advance.
6.2 Refund Policies
All new purchases are allowed an unconditional 15-day money back guarantee. The costs of
any returns will be at your expense, unless otherwise provided by law.
6.3 Errors
If we make an error on your bill, we will correct it promptly after you tell us and we
investigate the charge. You must tell us within 60 days after an error first appears on
your bill. You release us from all liability and claims of loss resulting from any error
that you do not report to us within 60 days after the error first appears on your online
statement. If you do not tell us within this time, we will not be required to correct the
error. We can correct billing errors at any time.
7. Materials You Post or Provide; Communications Monitoring
You may be able to submit materials for use in connection with the Service. We do not claim
ownership of the materials you post or otherwise provide to us (including feedback) related
to the Service (called a "submission"). However, by posting or otherwise providing your
submission, you are granting to the public permission to use, copy, distribute, display,
and modify your submission, each in connection with the Service, and to publish your name
in connection with your submission. You also give the public permission to grant this permission
to other persons. This section only applies for legal content, and to the extent that use
and publishing of such legal content does not breach the law. We will not pay you for your
submission. We may refuse to transfer, or may remove your submission at any time. For each
submission, you must have all rights necessary for you to grant the permissions in this
section. We consider your use of the Service, including the content of your communications,
to be private. We do not routinely monitor your account or disclose information about your
communications to anyone. However, to the maximum extent permitted by law, we may monitor
your account and may disclose information about you, including contents of communications,
if we deem it necessary to: (1) conform to legal requirements or respond to legal process;
(2) ensure your compliance with this contract; or (3) protect the rights, property, or
interests of Teaching.com, its employees, its customers, or the public.
8. Software
We may provide you with software to use with the Service. If you receive software from
us, your use of that software is under the terms of the license that is presented to you
for acceptance for that software. If there is no license presented to you, then we grant
you the right to use the software only for the authorized use of the Service. Copyright
and other intellectual property laws and treaties protect such software and content. We
reserve all other rights to the software. Teaching.com or its suppliers own the title,
copyright, and other intellectual property rights in such software.We may automatically
check your version of the software. We may automatically download upgrades to such software
to your computer to update, enhance and further develop the Service. Your license will
end on the date your Service ends. Your license will also end if we modify the Service
in a way that no longer supports such software. Promptly after the date your Service ends,
you shall uninstall such software. We may disable such software after the date the Service
ends. You will not disassemble, decompile, or reverse engineer any software or any machine
included in the Service, except and only to the extent that the law expressly permits such
activity. The software is subject to United States export laws and regulations. You must
comply with all domestic and international export laws and regulations that apply to the
software. These laws include restrictions on destinations, end users and end use.
9. How We May Change the Contract
If we change this contract, then we will tell you at least 30 days before the change is
in force. We will tell you of the change by e-mail or online posting. We may also use other
ways that we believe will reach you. If you do not agree to such changes, then you must
cancel and stop using the Service before the changes are in force. If you do not stop using
the Service, then your use of the Service will continue under the changed contract.
10. We Make No Warranty
We provide the Service "as-is," "with all faults" and "as available." PhonicsAndStuff gives
no express warranties, guarantees or conditions. You may have additional consumer rights
under your local laws that this contract cannot change.
11. Liability Limitation; Your Exclusive Remedy
You can recover from PhonicsAndStuff only direct damages up to an amount equal to your
Service fee for one month. You cannot recover any other damages, including consequential,
lost profits, special, indirect or incidental damages. This limitation applies toany matter
related to the Service, any matter related to content (including code) on third party Internet
sites, third party programs or third party conduct, any matter related to viruses or other
disabling features that affect your access to or use of the Service, any matter related
to incompatibility between the Service and other services, software and hardware, any matter
related to delays or failures you may have in initiating, conducting or completing any
transmissions or transactions in connection with the Service in an accurate or timely manner,
and claims for breach of contract, breach of warranty, guarantee or condition, strict liability,
negligence, or other tort to the extent permitted by applicable law. It also applies even
if this remedy does not fully compensate you for any losses, or fails of its essential
purpose; or Teaching.com knew or should have known about the possibility of the damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages,
so the above limitation or exclusion may not apply to you. They also may not apply to you
because your province or country may not allow the exclusion or limitation of incidental,
consequential or other damages.
12. Changes to the Service; Our Cancellation of Service
We may change the Service or delete features at any time and for any reason. We may cancel
or suspend your Service at any time. Our cancellation or suspension may be without cause
and/or without notice. Upon Service cancellation, your right to use the Service stops immediately.
Once the Service is cancelled or suspended, any data you have stored on the Service may
not be retrieved later. Our cancellation of the Service will not alter your obligation
to pay all charges. If we cancel the Service in its entirety without cause, then we will
refund to you, on a pro-rata basis the amount of your payment corresponding to the portion
of your Service remaining right before such cancellation.
13. Your Cancellation of Service
If you are participating in any trial period offer, you may cancel the service by simply
leaving your account unused for 15 days. Once 15 of inactivty has been reached, you will
receive an email notification and 5 days later your account will be cleared out.
14. Choice of Law and Location for Resolving Disputes
Claims for breach of this contract will be subject to the laws of Virginia, without reference
to conflict of laws principles. All other claims, including claims regarding consumer protection
laws, unfair competition laws, and in tort, will be subject to the laws of your state of
residence in the United States, or, if you reside outside the United States, under the
laws of the country to which we direct your Service. You consent to the exclusive jurisdiction
and venue of state or federal courts in Virginia, USA for all disputes relating to this
contract or the Service. You cannot revoke this consent.
15. Interpreting the Contract
All parts of this contract apply to the maximum extent permitted by law. A court may hold
that we cannot enforce a part of this contract as written. If this happens, then we will
replace that part with terms that most closely match the intent of the part that we cannot
enforce. The rest of this contract will not change. This is the entire contract between
us regarding your use of the Service. It supersedes any prior contract or statements regarding
your use of the Service. If you have confidentiality obligations related to the Service,
those obligations remain in force (for example, you may have been a beta tester). The section
titles in the contract do not limit the other terms of this contract.
16. Assignment
We may assign this contract, in whole or in part, at any time with or without notice to
you. You may not assign this contract, or any part of it, to any other party. Any attempt
by you to do so is void. Instead, you may cancel your Service. The other party may then
establish a Service account and enter into a contract with us.
17. Claim Must Be Filed Within One Year
Any claim related to this contract or the Service must be brought within one year. The
one-year period begins on the date when the claim first could be filed. If it is not filed,
then that claim is permanently barred. This applies to you and your successors. It also
applies to us and our successors and assigns.
18. Your Notices to Us
You may notify us by e-mail or postal mail. Your notices to us must be addressed as stated
in the customer support or "support" area for the Service.
19. Our Notices to You; Consent Regarding Electronic Information
This contract is in electronic form. There may be other information regarding the Service
that the law requires us to send you. We may send you this information in electronic form.
You have the right to withdraw this consent, but if you do, we may cancel your Service.
We may provide required information to you (1) via e-mail at the e-mail address you specified
when you signed up for your Service, (2) by access to PhonicsAndStuff web site that will
be designated in an e-mail notice sent to you at the time the information is available,
or (3) by access to PhonicsAndStuff web site that will be generally designated in advance
for such purpose. Notices provided to you via e-mail will be deemed given and received
on the transmission date of such e-mail. As long as you access and use the Service, you
will have the necessary software and hardware to receive such notices. If you do not consent
to receive any notices electronically, you must stop using the Service.