Your Right to Use This Site
Provided that you comply with the Terms and Conditions of Use, you have the right to use this Site to (a) view various materials, including information, documents, and other content on the Site (collectively, the "Materials"), (b) access services that we may provide from time to time, such as educational tools and an online store (collectively, the "Services"), and (c) obtain products, such as software, educational books and videos, and promotional accessories that may be offered from time to time (collectively, the "Product(s)").
Wordplay reserves the right to restrict, suspend or terminate your access to all or part of the Site at any time.
Ownership of Material on the Site
The Materials on the Site are owned by Wordplay Learning LLC., and their licensors and suppliers. They are copyrighted and protected by United States, and international intellectual property laws, treaties and conventions. You may not copy, adapt, reverse engineer, modify, display, perform, transmit, frame, distribute, resell, commercially exploit or otherwise use the Materials in any manner whatsoever, except as expressly permitted herein, without the prior written permission of the relevant rights holder(s).
You may not create a hyperlink directly to a page on the Site, other than the default, index or home page without the prior written permission from Wordplay.
The trademarks and/or service marks used on the Site are the property of their respective owners. You may not use any trademark displayed on the Site without the written permission of Wordplay, or the respective owner.
Your use of the Site is conditional upon your abiding by all notices of copyright, trademark and other proprietary rights appearing in the Materials. You are forbidden from removing or altering any such notices in full or in part from Materials that you print or download.
Communications/Submissions From/By You to the Site
From time to time this Site may contain references and links to content, products, services or other offerings of third parties ("Third Parties"). Such references and links do not constitute or imply an endorsement or recommendation by Wordplay or of any such Third Party and in no way should be interpreted as an acceptance of responsibility or liability for Third Parties. You expressly acknowledge and agree that Wordplay shall have no liability of any kind for any content, products, services or other offerings made available by Third Parties.
By accessing the Site you agree that the laws of the state of Pennsylvania and the federal laws of the United States applicable therein, will apply to all matters arising out of or in connection with Your access and use of the Site. You also agree to submit to the exclusive personal jurisdiction and venue of the courts of the state of Pennsylvania with respect to such matters.
If any provision of the Terms and Conditions of Use is found to be unlawful, void or unenforceable, then such provision is deemed severable and will not affect the validity or enforceability of any of the remaining provisions.
Disclaimer and Liability
EXCEPT AS OTHERWISE NOTED HEREIN THE MATERIALS, SERVICES AND PRODUCT PROVIDED ON THIS SITE ARE PROVIDED "AS IS" BY Wordplay, WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Applicable laws may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. To the extent permissible, any implied warranties or representations are limited to the fullest extent permitted by law. You agree that Wordplay shall have no responsibility for viruses that may damage your computer system or data resulting from your access to or use of the Site. Although reasonable efforts are used to ensure that the Site will be current and will contain no errors or inaccuracies, Wordplay does not warrant or represent the accuracy and completeness of the Materials on the Site. Wordplay may make changes to the Materials on the Site at any time without notice and without liability. The Materials on the Site may be out of date, and Wordplay makes no commitment to update the Materials.
YOU HEREBY EXPRESSLY IRREVOCABLY RELEASE, DISCHARGE, ACQUIT AND FORGIVE WORDPLAY, ITS PARENT COMPANIES, AFFILIATES, SUPPLIERS, LICENSORS, SPONSORS, CREDIT CARD PROCESSING OR AUTHORIZATION COMPANIES, AGENTS, REPRESENTATIVES, EMPLOYEES, DIRECTORS AND OFFICERS (COLLECTIVELY THE "WORDPLAY GROUP") FROM ANY AND ALL CLAIMS, ACTIONS, SUITS, DEMANDS, LIABILITIES, JUDGMENTS AND PROCEEDINGS BOTH AT LAW AND IN EQUITY ARISING FROM OR RELATED TO YOUR USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE (OR ANY INFORMATION PROVIDED HEREUPON), THE MATERIALS, THE SERVICES, THE PRODUCTS OR ANY THIRD PARTY SITES, OR THE MATERIALS, SERVICES, INFORMATION, OR PRODUCTS CONTAINED OR PROVIDED THROUGH ANY OR ALL SUCH THIRD PARTY SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WORDPLAY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE. You agree to defend, indemnify and hold harmless the Wordplay Group and each of them from all liabilities, claims, costs and expenses, including legal fees, that arise out of or in connection with Your use of the Site, your viewing or downloading of Materials from the Site, your use of Services or acquisition of Products on the Site, or your Communications to the Site.
LIABILITY. EXCEPT AS EXPRESSLY PROVIDED IN ANY SOFTWARE LICENCE AGREEMENT RELATING TO OR SHIPPED WITH THE LICENSED SOFTWARE AND TO THE FULL EXTENT PERMITTED BY LAW, WORDPLAY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING, OR USAGE FOR TRADE. ANY APPLICABLE STATUTORY CONSUMER RIGHTS ARE NOT AFFECTED BY THIS CLAUSE. WITHOUT LIMITING THE APPLICABILITY OR GENERALITY OF THE "DISCLAIMER AND LIABILITY" PROVISIONS ABOVE, TO THE FULL EXTENT PERMITTED BY LAW, THE WORDPLAY GROUP SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, DELAY IN DELIVERY, OR USE OF PRODUCTS ACQUIRED OR LICENSED FROM WORDPLAY. WORDDPLAY SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS BY YOU OR ANY OTHER PERSON OR ENTITY. THE LIMITATIONS IN THIS SECTION WILL APPLY, WHERE PERMITTED, NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY WARRANTY REMEDY.