SNAPBACK PHONICS CONDITIONS OF USE
- You must be at least 18 years old to create an account with SnapBack Phonics.
- Your login will give you access to the Services for one year (1 year) from the date you purchase your License.
- Licenses and logins may not be shared, under any circumstances.
- A school or district must purchase one license per Instructor. Each Parent/Tutor License is intended for use only by the household or tutor purchasing the license.
- School Instructors may reproduce and distribute Student Materials to their own students only. Parents and tutors may reproduce and distribute Student Materials for their own learners only.
This contract governs your use of all the text, data, educational materials, information, software, graphics, photographs and other materials (all of which are referred to as ‘Materials’) that we may make available to you through our website and/or any services we may provide through our website or our Mobile Applications (the website, services and Mobile Application are referred to collectively in these Terms as the ‘Services’).
If you are agreeing to these Terms as a representative of a school or other entity, you represent that you have the authority to bind that entity and ‘you’ herein refers to that entity.
You must be at least 18 years old to create an account with SnapBack. If you are a parent or legal guardian of a minor, you agree that you are solely responsible for monitoring and supervising such minor’s use of the Services and to bind the minor to these Terms and to fully indemnify and hold us harmless if the minor breaches any of these Terms.
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION WITH RESPECT TO DISPUTES YOU MAY HAVE WITH SNAPBACK. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AS PROVIDED BELOW.
We may alter the Materials and Services and/or we may choose to modify, suspend or discontinue any part of the Services at any time and without notifying you. We may also change, update, add or remove provisions (collectively, ‘modifications’) of these Terms from time to time.
Because everyone benefits from clarity, we promise to inform you of any modifications to these Terms by posting them on this website.
WHAT KIND OF LICENSE DO I NEED?
“Instructors” may be school instructors or tutors. Parent/Tutor Licenses are also available.
For tutors who are independent, self-employed tutors purchasing a license to use for their own students, the Parent/Tutor terms below apply. For tutors who are working through an after-school program or a private tutoring company, the School Instructor terms apply.
For administrators purchasing on behalf of schools, the School Instructors terms apply.
School Instructor Licenses
Licenses are sold on a per-Instructor basis, meaning a school or district must purchase one license per Instructor. Licenses and logins may not be shared from Instructor to Instructor, each Instructor must have their own license. Each Instructor License is intended for use only by the Instructor for whom the entity or individual has purchased the license.
School Instructors have access to Student/Learner Materials (“Student Materials”) and Instructor Materials. Instructor Materials include lesson plans, videos to show to students, flashcards for use with students, assessments for use by the instructor only.
Please read the Rules About Sharing For Instructors below to make sure you understand and agree.
Parent Licenses are sold on a per-household basis. If you are a tutor purchasing a Parent/Tutor License to use with your students, a “household” does not mean the households of your students, it means you.
Licenses and logins may not be shared. Each household or tutor must have their own license. Each Parent/Tutor License is intended for use only by the household or tutor purchasing the license.
Parent/Tutor Licenses provide access to Student/Learner Materials (“Student Materials”) and Instructor Materials. Instructor Materials include lesson plans, videos, flashcards and assessments for use by the parent or tutor only.
Please read the Rules About Sharing For Parents/Tutors below to make sure you understand and agree.
HOW LONG DO I HAVE ACCESS?
Once your payment is processed, you will be an authorized user and will be provided login credentials (“login”). Your login will give you access to the Services for one year (1 year) from the date you purchase your License. The rights and privileges provided to you as an authorized user are personal and non-transferable.
RULES ABOUT SHARING –
Your License gives you the right to use the Services for Your non-commercial purposes only.
School Instructors – Sharing
Can I share my login? No. School Instructors may not share their login with anyone.
Can I share with students outside my class? No. School Instructors may reproduce and distribute Student Materials to their own students only.
Can I share with other Instructors? No. School Instructors may not share logins, Student Materials or Instructor Materials with other instructors.
Videos are for use in class only and are only available through a License by streaming.
Flashcards are for use in class only.
Parents/Tutors – Sharing:
Can I share my login? No. Parents and tutors may not share their login with anyone.
Can I share with students outside my household? No. Parents and tutors may reproduce and distribute Student Materials for their own learners only.
Can I share with other parents or tutors? No. Parents and tutors may not share logins, Student Materials or Instructor Materials with other parents or tutors.
Videos are only available through a License by streaming.
Flashcards are for use according to the terms of the license only.
In these Terms we are granting you a limited, personal, non-exclusive, revocable and non-transferable license to display, print and use the Materials as follows: (i) the Materials are licensed to you for your personal, noncommercial use only. No Materials may be shared in any manner except as specified above. Your right to use the Materials is conditioned on your compliance with these Terms (including the payment of any applicable fees). Except as expressly permitted in the foregoing license grant and the Mobile Applications section below, you have no rights in our Services or any part thereof and you may not modify, edit, copy, reproduce, redistribute, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of this website, Materials or Services in any manner. If you make copies of any part of the Materials while engaging in a permitted use of the Materials, then we ask that you be sure to keep on the copies all of our copyright and other proprietary notices as they appear on the Materials or the applicable Service. You may only use such copies in connection with your personal, non-commercial use of the Services under the terms of the License. UNDER NO CIRCUMSTANCES MAY MATERIALS BE DISPLAYED ON OTHER WEBSITES OR IN PRINTED PUBLICATIONS OR SHARED WITH ANY INDIVIDUALS, SCHOOLS OR ORGANIZATIONS NOT LICENSED TO USE THEM.
Unfortunately, if you violate any of these Terms, your license to the Materials will terminate automatically and you must immediately destroy any downloaded or printed Materials including any copies you have made.
ACCOUNTS; PASSWORD RESTRICTED SERVICES.
For so long as you use your SnapBack account, you agree to provide true, accurate, current, and complete information by logging into your account and making relevant changes directly. We will not save your user name and passwords in any human-readable form, so we will not be able to retrieve it if you lose it. But if you forget your password, we will send a password update to your provided email address.
You are responsible for complying with these Terms when you access and use the Services. Because it is your account, it is your job to obtain and maintain all equipment and services needed for access to and use of the Services. It is also your responsibility to maintain the confidentiality of your password(s), including any password of a third-party site that we may allow you to use to access the Services. Should you believe your password or security for any of the Services has been breached in any way, you must immediately notify us.
License fees are based on Licenses purchased, regardless of actual usage. By providing a payment method, you expressly authorize us (and/or our third party payment processor) to charge the License fee on your payment method at that time as well as any taxes that might be applicable.
We reserve the right to change prices for Licenses at any time and we are not obligated to provide price protection or refunds in the event of promotions or price decreases.
License fees are exclusive of any applicable sales, use, import or export taxes, duties, fees, value-added taxes, tariffs or other amounts attributable to your use of the Services (collectively, “Taxes”). You are solely responsible for the payment of any such Taxes.
By using any of our Services, you consent to receiving electronic communications from us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Services. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
We authorize your use of the Services and Materials only for the intended purpose within the terms of your License. Any other use of the Services or Materials is prohibited and, therefore, constitutes unauthorized use. All rights in the Services and Materials remain our property.
Unauthorized use may result in violation of various United States and international copyright laws. To make sure you understand what we mean, we give you examples of things to avoid. So, unless you have written permission from us stating otherwise, you are not authorized to use the Services or Materials in any of the following ways (please note, these are examples only and the list below is not a complete list of everything that you are not permitted to do):
You may not use the website, access or Materials:
- In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of the Services or Materials for any commercial purpose that competes with our Services in any way;
- In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
- To impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- To interfere with or disrupt the Services or servers or networks connected to any of the Services;
- For or with any data mining, robots, or similar data gathering or extraction methods in connection with the Services; or
- To gain unauthorized access to any portion of the Services, Materials or any other accounts, computer systems, or networks connected to this Website, whether through hacking, password mining, or any other means.
We do not expect you to violate these Terms. But if you do, you agree that if your violation results in a problem for us, you will pay for any lawyers we need to defend us. You also agree to pay any damages we may end up having to pay as a result of your violation (this is called “indemnification”). You alone are responsible for any violation of these Terms by you. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.
The Services and Materials include copyrightable material and registered and unregistered trademarks that belong to us. Other trademarks, names and logos found in the Services are the property of their respective owners.
Unless otherwise specified in these Terms, all Materials, including the arrangement of them in the Services, are our sole property or the property of our licensors. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner, which in most cases is SnapBack Phonics Inc..
INTELLECTUAL PROPERTY INFRINGEMENT.
We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we have a policy of removing User Submissions that violate intellectual property rights of others, suspending access to the Services (or any portion thereof) to any user who uses the Services in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the Services in violation of someone’s intellectual property rights.
Pursuant to the Digital Millenium Copyright Act (DMCA), we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of our Services, please provide written notice to our agent for notice of claims of infringement:ATTN: DMCA (COPYRIGHT)
SnapBack Phonics, Inc.
65 Woodview Drive
Chalfont, PA 18914
To be sure the matter is handled immediately, your written notice must:
- Contain your physical or electronic signature;
- Identify the copyrighted work or other intellectual property alleged to have been infringed;
- Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
- Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
- Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law;
- Contain a statement that the information in the written notice is accurate; and
- Contain statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.
Unless the notice pertains to copyright or other intellectual property infringement, the agent will be unable to address the listed concern.
Submitting a Digital Millennium Copyright Act (“DMCA”) Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our agent with a written counter-notification that includes the following information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat Infringers
We reserve the right, in our sole discretion, to terminate the account or access of any user of the Services who is the subject of repeated DMCA or other infringement notifications, or a repeated violator of these Terms.
DISCLAIMER OF WARRANTIES.
THE SERVICES AND MATERIALS ARE PROVIDED ‘AS IS’ AND ‘WITH ALL FAULTS’, AND THE ENTIRE RISK AS TO THE USE OF THE SERVICES AND MATERIALS IS WITH YOU. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE SERVICES AND MATERIALS, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY THAT THE SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS, THAT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE SERVICES OR MATERIALS WILL BE CORRECTED. WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OR SERVICES OBTAINED THROUGH THE USE OF THE SERVICES OR MATERIALS, AND ARE NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS, OR FAILURE TO ACT OF ANY THIRD PARTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH YOUR USE OF THE SERVICES OR FROM US OR OUR SUBSIDIARIES/OTHER AFFILIATED COMPANIES SHALL CREATE ANY WARRANTY. WE DISCLAIM ALL EQUITABLE INDEMNITIES.
LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SNAPBACK NOR ANY OF OUR AFFILIATES, SUPPLIERS, ADVERTISERS, AFFILIATES, OR AGENTS OR SPONSORS BE LIABLE FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE MATERIALS OR THE SERVICES IS TO STOP USING THEM. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
THE AGGREGATE MAXIMUM LIABILITY TO SNAPBACK FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SERVICES AND MATERIALS IN THE TWELVE MONTHS PRECEDING ANY SUCH CLAIM.
LOCAL LAWS; EXPORT CONTROL.
We control and operate the Services from our headquarters in the United States of America and all of the Services may not be appropriate or available for use in other locations. If you use our Services outside the United States of America, you are solely responsible for following applicable local laws. We may limit the availability of the Services, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time. Not all products or services may be available in all states or territories.
Any submissions by you to us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
DISPUTE RESOLUTION AND ARBITRATION
If You Have A Dispute
For all disputes, whether pursued in court or arbitration, you must first give us an opportunity to resolve the dispute by emailing us at firstname.lastname@example.org. Please include the following information: (1) your name, (2) your address, (3) A written description of your dispute (the problem you wish to resolve), and (4) A description of the specific relief you seek. If we do not resolve the dispute within 60 days after receiving your notification, then you may pursue your dispute in arbitration. You may pursue your dispute in a court only under the circumstances described below. IF YOU WISH TO OPT OUT OF THIS ARBITRATION PROVISION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS.
If we cannot resolve the dispute within 60 days, the dispute shall be resolved by binding arbitration. Acceptance of these Terms constitutes a waiver of your right to use the courts and have your dispute heard by a judge or jury. We believe arbitration is better for both you and us because arbitration is less formal, less time-consuming, usually less expensive and less drama-filled than litigation. To be clear, there is no judge or jury in arbitration, only trained arbitrators, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees). You may, however, opt-out of this Provision which means you would have a right or opportunity to bring claims in a court, before a judge or jury. BOTH YOU AND SNAPBACK AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
If this provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or we may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. All issues shall be for the arbitrator to decide, including the scope of this Provision.
This Arbitration provision shall survive the termination of your account with us and your discontinued use of the Services. Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any change to this provision (other than a change to the Notice Address), you may reject any such change and require us to adhere to the language in this provision if a dispute between us arises.
CHOICE OF LAW AND OTHER BOILERPLATE
The Federal Arbitration Act, Pennsylvania law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Except for disputes subject to arbitration as described above, any disputes relating to these Terms, the Services or the Materials will be heard in the courts located in Bucks County, Pennsylvania. If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforce any of these Terms, we are not waiving our rights. These Terms are the entire agreement between you and us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between you and SnapBack Phonics, Inc. about the Services. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
If any clause within these Terms is found to be illegal or unenforceable, that clause will be severed from these Terms and the remaining Terms will be given full force and effect.
CALIFORNIA CONSUMER NOTICE.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This website and the Services are provided by SnapBack Phonics Inc. If You have a question or complaint regarding the Service, please contact Customer Service at email@example.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at firstname.lastname@example.org.“
BY PURCHASING SNAPBACK PHONICS PRODUCTS, YOU AGREE TO THESE TERMS AND CONDITIONS.