Special Offspring Publishing, Teaching Tools for Special Children, and SpecialOffspring.com Terms of Service
1. ACCEPTANCE OF TERMS
Special Offspring provides service to you with the purchase of any program, subject to the Terms of Service (TOS), which may be revised at any time. You may review the TOS at any time. Your subscription and use of any program and its materials constitute your agreement with all TOS, conditions, policies, and notices
2. DESCRIPTION OF SERVICE
Special Offspring provides users with a growing resource of curricular materials through the website (the Service). Unless explicitly state otherwise, any additional or new features that augment or enhance the current Service, including the release of new programs shall be subject to the TOS. User* hereby understands and accepts that the Service is provided “As Is” and Special Offspring Series assumes no responsibility for timeliness, deletion, or misdelivery or failure to store any user communications or personalization of settings.
*The user is solely responsible for obtaining access to the Service, and that access may require third party fees (such as Internet Service or any additional airtime charges). The user is responsible for all such fees. Additionally, the user must supply and is responsible for all necessary equipment for access to the Service.
3. LICENSE USAGE
Special Offspring licenses are sold on an individual or classroom basis. Permission to purchase, print, and user programs from the website is afforded exclusively to subscribing* parties. (Each Subscribing party may serve up to 24 students.) The materials may only be used for instruction during the subscription period. Each subscribing* party will be provided with a unique user name and password, which each party is required to use exclusively for her/his personal or classroom needs. If it is determined that a subscribing* party is found to be sharing a password or producing materials with non-registered parties (classrooms), the entire license will immediately be revoked, without refund. Additionally unauthorized use is subject to prosecution.
*Subscribing parties and/or user are only those for which names have been provided to Special Offspring by an individual group, classroom, or school and Special Offspring to use to access the purchased website.
4. MODIFICATIONS TO SERVICE
Special offspring reserves the right at any time and periodically to revise or discontinue, temporarily or permanently, the Service (or any portion thereof) with or without notice. User agrees that Special Offspring shall not be liable to user or to any third party for any charges, suspension, or discontinuance of Service.
Special Offspring may modify, delete, or add to any part of this Agreement, or any other terms associated with the use of this website, at anytime, by posting a notice of such changes to the TOS page of this website. At time of posting, any changes automatically become part of this Agreement and shall apply. Continued use of website services following notice posting, indicate acceptance of changes by user.
5. SPONSOR, THIRD PARTIES AND ADVERTISERS
User correspondence and/or business dealings with, or participation in promotions of, sponsors, third parties, or advertisers found on or through the Service, including payment and delivery of related goods and/or services, as well as any other terms, conditions, warranties, or representation associated with such dealings, are exclusively between user and such sponsor, third party, or advertiser. User agrees that Special Offspring shall not be responsible or liable for any loss or damage of any kind incurred as the result of any dealings or as the result of the presence of such sponsors, third parties, or advertisers on the Service.
6. LINKS
Special Offspring or third parties may provide links to other websites or Internet resources. Special Offspring has not control over any provisions, connections, or links to other resources/website. Therefore user recognizes and agrees that Special Offspring is not liable for any product, service, content, quality/accuracy, or advertising found on or provided by said website or resources. Additionally, user understands and accepts that Special Offspring shall not be liable or responsible, either directly or indirectly, for any loss, damage, or interruption of service caused by or related to connections and use, or reliance on, any such content, services, goods provides on or through any such resource or website.
7. DISCLAIMER OF WARRANTIES
YOU COMPLETELY UNDERSTAND AND AGREE
a. That your use of the website, materials, resources, etc. is at your sole risk. The Service, resources, and materials are provided “as is” and on an “as available” basis. Special Offspring Publishing disclaims all warranties of any kind in their entirety, whether they be expressed or implied, including and not limited to any implied warranties of merchantability, non-infringement and fitness for a particular purpose.
b. That Special Offspring makes absolutely no warranty that the service will meet your requirements; the Service will be timely, secure, error-free, or uninterrupted. Results secured from the use of the service will be accurate, or reliable; the quality of the services, materials, resources, or information purchased or obtained by you through this on-line service will meet your expectations; any software errors will be corrected; or this website, its content, and those servers on which the website and materials are available are virus-free or free of any other harmful components.
c. Any resource materials downloaded or otherwise secured through the use of this on-line, website services is done at your own discretion and risk and that YOUR ARE EXCLUSIVELY AND COMPLETELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR ANY MATERIALS, INFORMATION RESOURCES, ETC.
d. That no information, guidance, or advice, whether it be oral, written, or assumed by you from Special Offspring or by, through, or from the on-line service shall create any warranty not expressly stated in the TOS.
e. That third party information that you may access by links, reference, or mention on this website or available links are NOT ADOPTED OR ENDORSED BY SPECIAL OFFSPRING AND REMAIN THE SOLE RESPONSIBLILTY OF SUCH THIRD PARTIES
8. LIMITATION OF LIABILITY
YOU COMPLETELY UNDERSTAND AND AGREE that Special Offspring shall not be liable for any indirect, direct, incidental, unique and/or special, exemplary or consequential damages, including but not limited to, damages for loss of profits, use, data, service, goodwill, or other intangible losses (even should Special Offspring have been made aware the potential of such damages was a possibility), resulting from: (a) the use of inability to access and use the on-line service; (b) the expense or acquisition of substitute goods and services resulting from any goods, services, data, material, information or services subscribed to or obtained or relating to messages received or transactions entered into, through, or from this on-line service; (c) that any unauthorized access to or alteration of your transmissions, data, information or material; (d) comments, statements, or conduct of any third party on this on-line service; or (e) any other known, unknown, or implied matter relating to the service.
9. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not permit the exclusion of certain warranties or the limitations, or the exclusion of liability for incidental or consequential damages. Subsequently, some of the above limitations of #’s 6 and 7 may not apply to you.
10. COPYRIGHT/TRADEMARK INFORMATION
BE ADVISED: All materials on the Special Offspring website including but not limited to names, logos, trademarks, service marks, images, graphics, photographs, illustrations, artwork, graphic design, formats, and any and all other elements making up the Service are protected by copyrights and other intellectual property rights owned and controlled by Special Offspring or by other designated parties that have licensed their material to Special Offspring EXCEPT AS SPECIFICALLY PROVIDED HEREIN, NO online materials may be posted, transmitted, republished, saved, or distributed in any way, or otherwise used for purposed WITHOUT THE PRIOR WRITTEN CONSENT OF THEIR RESPECTIVE OWNERS. You may not alter, revise, add, delete or modify the content on this website. Any unauthorized attempt to modify any Online Material, to breech security features, or to interfere with or to utilize this website for any means other than its intended purpose is PROHIBITED.
Teaching Tools for Special Children, Special Offspring Publishing, and SpecialOffspring.com logos, trademarks, copyrights, etc, and service names are the exclusive trademarks of Teaching Tools for Special Children and/or Special Offspring Publishing. Any and all other trademarks, logos, and copyrights appearing on this website are the exclusive property of their respective owners and our reference to them does not imply any endorsement, association or approval by their owners unless such approval or endorsement is expressly made. Teaching Tools for Special Children and Special Offspring Publishing will enforce to the fullest extent of the law its intellectual property rights.
If you suspect that any infringement of the content, copyrights, trademarks, or logos of Special Offspring Publishing or Teaching Tools for Special Children are being misused, revised, or altered in any way please contact support@specialoffspring.com as soon as possible.
11. NON-WAIVER
The failure of Special Offspring Publishing and/or Teaching Tools for Special Children to exercise and/or enforce any provision or right of the TOS shall not constitute any waiver of said right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should make every effort to give effect to the parties’ intentions as expressed in the provision, and the other provisions of the TOS remain in full force and effect. You expressly agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, use of this website Service or the TOS must be filed within one (1) year after the said claim or cause of action arose or be forever barred.
12. HEADINGS FOR CONVENIENCE ONLY
The section names and/or titles in the TOS are for convenience only and have no legal or contractual effect.
13. VIOLATIONS
Any violations of the TOS should be reported to support@specialoffspring.com.
14. INDEMNIFICATION
You are to indemnify, defend, and hold Special Offspring Publishing and Teaching Tools for Special Children harmless and not responsible from any claims and expenses, including reasonable attorney’s fees, arising from and/or related to any breach by you of any terms of this agreement.
15. LETTERS, REVIEWS, TESTIMONIALS, OR OTHER SUCH COMMENTS OR MATERIALS
Any testimonials, letters, reviews, or other such comments or materials forwarded by you to Teaching Tools for Special Children or Special Offspring Publishing, including but not limited to, questions, comments, suggestions, or criticisms or the like (“Received Materials”) shall be understood to be non-confidential and free of any and all claims of proprietary or personal rights unless you expressly and explicitly state in the correspondence that the correspondence is “private” and/or “not for publication and/or reproduction” and contains “proprietary and private” information that may not be distributed or shared in any form. Special Offspring Publishing and Teaching Tools for Special Children have no obligation whatsoever or of any kind with respect to said Received Materials and Teaching Tools for Special Children and/or Special Offspring Publishing will be free to use, reproduce, distribute, disclose, exhibit, display, alter, revise, transform, edit, summarize, abridge, create derivative works from, and /or release and distribute, the Received Materials without limitation or restriction. Furthermore, Special Offspring Publishing and/or Teaching Tools for Special Children is free to use any ideas, concepts, know-how, techniques, methods, or content contained in any communication you send to Special Offspring Publishing or Teaching Tools for Special Children for any purpose whatsoever, including and without limitation to creating, developing, printing, manufacturing, and subsequent distribution or marketing products using such information and/or content, without compensation or any other obligations to anyone, including you.
16. PRIVACY
Special Offspring Publishing and/or Teaching Tools for Special Children’s private statement see “Private Statement”
17. RESTRICTION ON USE
You may NOT USE Special Offspring Publishing, specialoffspring.com, or Teaching Tools for Special Children content or service for any illegal purpose, intent, means, or in any manner inconsistent with these TOS. You agree to use SpecialOffspring.com solely for your own NONCOMMERCIAL USE and benefit and not for resale or any other means of transfer or disposition to any other person or entity.
18. SERVERABILITY
If any provision of this Agreement is found to be unenforceable or invalid, the provision will be enforced to the fullest extent permissible and any and all other provisions of this Agreement will remain in force.
19. ENTIRE AGREEMENT
This Agreement, all other terms and conditions of the service on SpecialOffspring.com, in Teaching Tools for Special Children, or offered by Special Offspring Publishing constitute the entire agreement between you and SpecialOffspring.com, Special Offspring Publishing and/or Teaching Tools for Special Children and govern your use of the Service and/or services afforded by any (1) one of the entities related to this Service.
20. REFUSAL OR DISCONTINUANCE OF SERVICE
SpecialOffspring.com, Special Offspring Publishing and/or Teaching Tools for Special Children reserve the right to refuse and/or discontinue service to any user for noncompliance with these Terms and Conditions.
21. CHOICE OF LAW AND FORUM
The laws of Indiana will govern this Agreement. The laws of the State of Indiana will govern any dispute arising the terms of this agreement or breach of this agreement and you agree to personal jurisdiction by the state and federal courts sitting in the parties hereby waive trial by jury in any action, proceeding, counterclaim, or appeal brought by either of the parties against the other on any matters whatsoever emanating or arising out of, or in any way connected with, these Terms and Conditions and agree to submit to binding arbitration.