1. BINDING EFFECT. This is a binding agreement. By using the Internet site located at https://learningwithsmiles.com (the “Site” or “Service”) or any services provided in connection with the Site, you agree to abide by these Terms of Use, as they may be amended by Learning with Smiles (“Company”) from time to time. Company will post a notice on the Site any time these Terms of Use have been changed or otherwise updated.
2. PRIVACY POLICY. Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Company’s current privacy policy can be found by clicking the “privacy” link at the bottom of the page. Company’s privacy policy is expressly incorporated into this Agreement by this reference.
3. NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
4. LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
5. INDEMNITY. You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
6. COPYRIGHT. All contents of Site or Service are: Copyright © 2014-2020 Learning with Smiles. All rights reserved.
7. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
8. SINGLE-USE LICENSE. Resources advertised and sold by the Company, include a single-use license. This means they are for the use of one user to make as many copies as he or she needs to make for personal use, and for the classes they teach. If any other educators would like to use this resource, they must purchase their own copies from the website.
All resources are © Copyright 2014- 2020 Learning with Smiles. All rights reserved. Permission is granted to copy pages specifically designed for student or user by the original purchaser or licensee. The reproduction or redistribution of any other part of this product is strictly prohibited. Copying any part of this product and placing it on the Internet in any form (even a personal/ classroom website) is strictly forbidden. Doing so is a violation of the Digital Millennium Copyright Act (DMCA).
8. REFUND POLICIES. Due to the digital nature of all the resources advertised by the Company, they are not eligible for a refund.
9. PRICING AND PRODUCT/SERVICE AVAILABLILITY POLICY. We reserve the right to change product and service pricing and availability at anytime, and without notice. The price you pay when you purchase a product or service is the price you pay, and we do not accommodate retroactive refunds when and if pricing does change.