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
. We encourage you to raise any questions.
You affirm that you have read and accepted these TOS and the
, and that you are fully able and competent to enter into
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
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 5 apply to you.
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. We will not charge you again for the Service without further permission
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.
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.
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
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.
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.