Terms of Service
Effective Date: April 15, 2015
Last Revised: November 23, 2020
You must be at least 18 years old to consent to this Agreement. If you are under the age of 18, you must have your parent or legal guardian create an account and review and agree to the Agreement on your behalf.
2. License Granted to You
3. License Granted by You
4. User Conduct
5. Intellectual Property
Whizzimo Content. All spelling and other instructional content available on the Service (“Whizzimo Content”) is the intellectual property of Whizzimo. The Service allows users to create new workbooks based on the Whizzimo Content (“User Workbooks”). You acknowledge that any User Workbooks created by you are derivative works of the Whizzimo Content, and are the intellectual property of Whizzimo. Use of Whizzimo Content and User Workbooks is limited to (a) use within the Service for your own teaching purposes, and (b) sharing with colleagues via the Sharing features on the Service. You do not have any other rights or interest in the Whizzimo Content or User Workbooks. Other than described in this section, you may not share, sell, or otherwise distribute the Whizzimo Content or User Workbooks without prior written permission from us. Whizzimo logos, trademarks and service marks ("Marks") are the property of Whizzimo and are protected under United States and foreign laws.
All other content. All other trademarks, service marks and logos used on the Service, with or without attribution, are the marks of their respective owners. Whizzimo disclaims all liability for, and you agree to indemnify Whizzimo in the event of your infringement of any third party’s intellectual property.
Copying, reverse engineering and distribution. Except as expressly authorized by this Agreement, Whizzimo and any of its affiliates, suppliers or other third parties, do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information with respect to the Service, and, except as specifically permitted herein, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, reverse engineer, or distribute any Whizzimo Content in any form.
6. Payment Terms
Fees are charged (a) based on your selected subscription level to the Service and (b) to purchase access to stand-alone products offered through the Service (“Purchased Content”). You authorize Whizzimo to charge your credit card for the subscription fee when due. Subscription fees will be charged to your account on a recurring basis until you cancel your subscription. Fees for the period in which you cancel are non-refundable. Fees for Purchased Content are non-recurring and will be charged only on the original date of sale. You will retain access to the Purchased Content for as long as your subscription to the Service remains active and your license to use the System is not revoked.
In connection with the foregoing transactions, you agree to keep the record of your credit card information maintained by Whizzimo accurate and complete.
7. Data privacy and user's personal information
8. Third Parties
In the event Whizzimo provides links to third-party websites or services, we do so for information purposes only. We make no representations as to the accuracy, legality or availability of any such sites. Your interaction with those websites or services is governed by that party’s terms and information practices, not Whizzimo’s. We encourage you to review those policies and terms.
9. No Warranties
YOU AGREE THAT YOU USE THE SERVICE “AS IS” AND “AS AVAILABLE.”
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WHIZZIMO, ITS PARTNERS AND SERVICE PROVIDERS MAKE ABSOLUTELY NO WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICE. WHIZZIMO DISCLAIMS ALL LIABILITY FOR (I) THE ACCURACY, AVAILABILITY OR RELIABILITY OF THE SERVICE (II) HARM TO YOUR COMPUTER, LOSS OF DATA OR OTHER HARM RESULTING FROM YOUR ACCESS TO THE SERVICE, (III) LOSS OF OR FAILURE TO TRANSMIT INFORMATION, AND OTHER LOSS OR DAMAGE ARISING FROM YOUR USE OF THE SERVICE. 10. Limitation of LiabilityTO THE MAXIMUM EXTENT PERMITTED BY LAW, WHIZZIMO SHALL NOT BE LIABLE TO YOU ON ANY THEORY OF LAW FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUES, DATA, GOODWILL OR ANY OTHER INTANGIBLE LOSSES RESULTING FROM YOUR USE OF THE SERVICE, INCLUDING (I)
THE INABILITY TO ACCESS THE SERVICE, (II) ACTS OR OMISSIONS OF THIRD PARTIES, (III) CONDUCT OR CONTENT OF THIRD PARTIES ON THE SERVICE, (IV) UNAUTHORIZED USE OR ACCESS TO YOUR USER ACCOUNT OR CONTENT. Under no circumstances will the amount of Whizzimo’s liability exceed the amount paid in subscription fees under your account for a period of one year.
You agree to defend, indemnify, and hold harmless Whizzimo, its officers, directors, employees, successors, and service providers from and against all third party claims, actions, fines, losses, expenses, damages, and costs, fines or proceedings including, without limitation, reasonable legal fees, arising or resulting from your intentional and willful breach of this Agreement or your unauthorized use or misuse of the Service, including infringement of a third party’s intellectual property rights.
12. Dispute resolution
We believe that any disputes we may have can be resolved between us. However, if we cannot resolve a dispute amicably, both parties agree to have the dispute resolved by final and binding arbitration. Arbitration will be subject to the Federal Arbitration Act, administered by the American Arbitration Association (“AAA”) and conducted by one arbitrator. The arbitration will be governed by the Commercial Arbitration Rules, as modified by this Agreement and by the Supplementary Procedures for Consumer Related Disputes, if applicable. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Company.
Please note: You are waiving your right to sue Whizzimo in court. The dispute will be resolved by a neutral arbitrator and not by a judge or a jury. The arbitration process is simpler than a court proceeding. An award in arbitration is as enforceable as a court order and is subject to very limited review.
You and Whizzimo agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both we both agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If these arbitration provisions as a whole are deemed unenforceable, then the entirety of this section shall be null and void and the parties agree that the exclusive jurisdiction and venue in Atlanta, Georgia shall govern any action arising out of or related to these Terms. If the class proceeding waiver is deemed unenforceable, then the arbitration provisions as whole shall be deemed unenforceable.
This Agreement will remain in effect until terminated by you or Whizzimo. We reserve the right to terminate this Agreement or to change the Service at any time and for any reason, including your violation of this Agreement or for business reasons. The warranties, indemnity, limitation of liability, jurisdiction, and intellectual property and arbitration provisions of this Agreement survive termination.
14. Other provisions
Whizzimo’s failure to enforce any provision of this Agreement does not constitute a waiver of its right to do so. If any provision of this Agreement is deemed unenforceable by a court of law of competent jurisdiction, the provision will be removed and the remaining terms of the Agreement will remain valid and in effect. We may assign this Agreement, in whole or in part, at any time without notice to you. This Agreement and our Privacy Notice constitute the entire agreement between you and Whizzimo and supersede any other agreements between you and Whizzimo, whether written or oral. This Agreement shall be construed and enforced in accordance with the laws of the State of Georgia, without regard to its conflicts of law rules. The parties consent to the personal jurisdiction and venue in Atlanta, Georgia.
Effective Date: April 15, 2015
Last Revised: November 23, 2020
Whizzimo is a digital teaching platform that supports multisensory reading and spelling instruction in schools across the country.
Whizzimo is intended as a tool for educators and other adult users (“users”).
You should read the Policy carefully. By using the Service or submitting your personal information, you agree to the terms described in the Policy and you consent to the processing of your information in accordance with the Policy.
The Service is operated in the U.S. and is intended for U.S. users. If you are using the Service from outside the U.S., you agree to the collection, transfer, use and storage of your personal information in accordance with U.S. law. You must be at least 18 years of age to create an account.
What Information We Collect and How We Use It.
Information you provide: We may collect information that you provide when you register for the Service, including your name, email address, school information and payment card information. We also may collect any correspondence we have if you contact us. We use this information to authenticate your access to the Service, to deliver, improve or personalize the Service, and for internal operations, such as payment processing, maintaining your account, communicating with you, and for legal or regulatory purposes.
Email addresses. We may use your email address to send you service-related emails, like confirmations or customer service notices. You cannot opt out of these emails. We may also send you newsletters and information about our products or services or those of our partners. You can opt out of these promotional emails at any time by clicking on the unsubscribe link in the email.
When you recommend Whizzimo to a friend, we will use your friend’s email address to send your recommendation.
Content. We may collect content you create while using the Service, such as workbooks (described below) and course names.
Automatic Information Collection: When you use the Service or visit the Website or Mobile Apps, we may automatically collect certain types of information, including the following:
IP address. We collect IP addresses to maintain your session while using the Service and to track statistics about the performance of the Service. We do not store your IP address once your session has ended. We also do not combine this information with other personal information or use it in a way to personally identify or track users. We may use a third party provider to collect and store this information.
We do not use persistent cookies or other persistent identifiers for users.
Analytics. We may use analytics tools to better understand how the Service, Website, or Mobile Apps are used, and how we may improve or enhance them. Our website and mobile applications may use analytics tools to help gather non-personally identifiable data about app download and usage patterns. We may use general geographic area of our users, but this information is not linked to a particular person. These tools may gather information about the type of computer or browser you use, the website you visited prior to using the Service, the site you went to after your were done using the Service or how long you used the Service, Website or Mobile App. We use this information solely to maintain and improve the user experience of the Service.
In-App Purchases. In-app purchases may be available within our Mobile Applications for users when logged into their account.
How You Can Access, Change, or Delete Personal Information.
User accounts. Users can review account information via the Account Settings page on the Service. You may change your password or credit card information from Account Settings. If you would like to change any other account information, or would like to delete your account, please contact us at email@example.com. Please remember that if we delete your account, you will lose access to all content associated with your account. We may still store user personal information in our records if our retention policies require it, we need to retain information for internal business purposes, or deletion is technically infeasible.
How We Share Personal Information.
We will not sell or otherwise disclose your personal information to third parties without your consent, except as described in this Policy. We may share personal information with third parties as described elsewhere in this Policy, as well as:
Security of Your Information
We use reasonable physical, administrative, and technical measures to protect your personal information from unauthorized use or access. We transmit data using secure socket layer (SSL) and encrypt all information that is stored in cookies. We use reasonable security measures and features in an effort to prevent unauthorized access to personal information, and seek out vendors who do the same. If you have a security question or concern, please contact us at firstname.lastname@example.org.
Deletion of Personal Information
All personal information will be retained so long as there is a business reason to do so, and then will be securely destroyed.
Except as described below, we may change this Policy at any time. All changes are effective after they are posted to the Website with the effective date noted at the top of the page. If we believe the changes are material, we will post notice of the changes 30 days before the changes takes effect, and we will make reasonable efforts to email registered users notice 30 days before the changes takes effect.
California state law permits California residents to request an accounting of the types of personally identifiable information we have disclosed to third parties within the last year and a list of the third parties to whom it was disclosed. If you would like such an accounting, please send a written request to email@example.com.