Please review these Terms carefully before using the Services because they affect Your rights. By using any of the Services, You accept these Terms and agree to be legally bound by them. These Terms are effective as of the Effective Date above. If You do not agree with these Terms, Your sole remedy is to not use Our Services. Please consult Our Privacy Policy for information regarding Our practices concerning data that You provide or that We may collect about You through the Services.
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Overview
We may, without notice to You, at any time, revise these Terms of Use and any other information contained herein. We may also make improvements or changes in the products, services, or programs described herein at any time without notice.
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Terms and Changes
We reserve the right to change these Terms in the future; therefore, We encourage you to periodically review these Terms, including any Additional Terms and Our Privacy Policy so You are aware of the most current rights and obligations that apply to You and Us in connection with Your use of the Services. The most current version of these Terms, along with its effective date, will be posted from each of the Services. Reasons for changes could include, without limitation, changes in law or in the Services. Changes to these Terms will be effective immediately or, if required by law, 30 days after notice to You, which may be given by posting the updated Terms on Our Services or by electronic mail. If You continue to use the Services after We change these Terms, You are deemed to have accepted all changes. For clarity, if there exist links to other terms and conditions within a Service, such terms and conditions will also apply to Your use of the applicable Service.
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General
Our Service include proprietary notices and copyright information, the terms of which must be observed and followed. We grant You a non-exclusive, non-transferable, limited permission to access and display Our Services as a customer or potential customer of Exceptional provided You comply with these Terms of Use, and all copyright, trademark, and other proprietary notices remain intact. The use authorized under this agreement is non-commercial in nature, e.g., You may not sell the content You access on or through Our Services. All other use of Our Services is prohibited.
Except for the limited permission in the preceding paragraph, We do not grant You any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from Our Services in any other media. Any software and other materials that are made available for downloading, access, or other use from Our Services with their own license terms will be governed by such terms, conditions, and notices. Your failure to comply with such terms or any of the terms on this site will result in automatic termination of any rights granted to You, without prior notice, and You must immediately destroy all copies of downloaded materials in Your possession, custody or control.
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Disclaimer
From time to time, this Web site may contain technical inaccuracies or typographical errors, and we do not warrant the accuracy of any posted information. Please confirm you are using the most up-to-date pages on this Web site, and confirm the accuracy and completeness of information before using it to make decisions relating to services, products, or other matters described in this Web site.
If any term in this Terms of Use is found by competent judicial authority to be unenforceable in any respect, the validity of the remainder of this Terms of Use will be unaffected, provided that such unenforceability does not materially affect the parties’ rights under this Terms of Use.
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Confidential Information
Exceptional does not want to receive confidential or proprietary information from you through our Web site. Please note that any information or material sent to Us will be deemed NOT to be confidential. By sending Us any information or material, you grant Us an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that Exceptional is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law. Personally-identifiable information that you submit to Us for the purpose of receiving products or services will be handled in accordance with our privacy policies. Please see our Privacy & Security Policy for information regarding Our privacy policies.
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Mobile Application Services
If We offer products and/or services through applications available on Your wireless or other mobile device, such as a mobile phone (hereinafter referred to as "Mobile Application Services"), such as applications You download or text messaging services, these Mobile Application Services are governed by these Terms and the Additional Terms presented in connection with the applicable Mobile Application Service. These Mobile Application Services may be provided at no charge to You or may be available for a fee, as provided in any such Additional Terms, including, without limitation, the terms presented to You in connection with Your download of such applicable Mobile Application Service. In addition, Your wireless carrier's standard messaging rates and other messaging, data and other rates and charges will apply to certain Mobile Application Services. You should check with Your carrier to find out what plans Your carrier offers and how much the plans cost.
In addition, the use or availability of certain Mobile Application Services may be prohibited or restricted by Your wireless carrier, and not all Mobile Application Services may work with all wireless carriers or devices. Therefore, You should check with Your wireless carrier to find out if the Mobile Application Services are available for Your wireless device and wireless carrier, and what restrictions, if any, may be applicable to Your use of such Mobile Application Services. If You change or deactivate Your wireless telephone number, You agree to promptly update Your Mobile Application Services information in Your account with Us, or otherwise notify Us that the wireless telephone number is no longer associated with You and identify such wireless phone number, to ensure that future messages directed to You are not sent to the person to whom Your old number has been or will be assigned. Please read our Privacy Policy, which provides information on data We collect, use, disclose, manage, and store.
Under no circumstances will We be responsible for any wireless service charges incurred by You or by a person that has access to Your wireless device, telephone number, or email address using any Mobile Application Services. Any software that We provide You may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through Your device's settings.
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Access to Services and Accounts
We may take any of the following actions in our sole discretion at any time, and without giving You prior notice:
- Change or discontinue the Services, including, without limitation, any Mobile Application Services or other features;
- Change how We offer and/or operate the Services, e.g., to begin charging a fee to access features or Content that We previously made available without charge;
- Remove Content from the Services;
- Restrict, suspend or terminate Your access to one or more Services or features thereof; and/or
- Deactivate any accounts that You may have established on the applicable Service and delete all related information and files in such accounts.
- We will not be liable to You or any third party for taking any of these actions and We will not be limited to the remedies above if You violate these Terms. If We terminate Your access to any of the Services, You must immediately stop using such Service.
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Subscriptions
If You purchase sign up for a subscription to Our Services, You must do so at the school where Your children are registered and enrolled. You may access and edit specific details regarding Your subscription to our Services. You may also obtain Your subscription to Our Services through a third-party distributor or service provider that maintains Your subscriber account. Accessing and editing the specific details regarding Your subscription are subject to the third party's terms as further described herein.
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Global Availability
Information Exceptional publishes on the Internet may contain references or cross references to Our products, programs, and services that are not announced or available in Your country. Such references do not imply that We intend to announce or make available such products, programs, or services in Your country. Please Contact Us for information regarding the products, programs, and services that may be available to You.
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Business Relationships
This Web site may provide links or references to non-Exceptional Web sites and resources. Exceptional makes no representations, warranties, or other commitments or endorsements whatsoever about any non-Exceptional Web sites or third-party resources that may be referenced, accessible from, or linked to any Exceptional site. Moreover, Exceptional is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from an Exceptional site. When You access a non-Exceptional Web site, even one that may contain the Exceptional logo, please understand that it is independent from Us, and that We do not control the content on that Web site. It is up to you to take precautions to protect yourself from viruses, worms, Trojans, and other potentially destructive programs, and to protect your information.
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Linking to this Site
Exceptional consents only to links to this Web site in which the link and the pages that are activated by the link do not: (a) create frames around any page on this Web site or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent your relationship with Us; (c) imply that Exceptional approves or endorses you, your Web site, or your service or product offerings; and (d) present false or misleading impressions about Exceptional or otherwise damage the goodwill associated with the Exceptional name or trademarks. As a further condition to being permitted to link to this site, you agree that Exceptional may at any time, in its sole discretion, terminate permission to link to this Web site. In such event, you agree to immediately remove all links to this Web site and to cease any related use of Exceptional trademarks.
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Registration and Access Controls
We may offer registration to set up a user account and, from time to time, provide users with additional codes or passwords necessary to access and use certain features or functions of the Services. There may be a few options for You to register, including site registration and/or third-party social platform sign-on, as described in our Privacy Policy. We may request information from You to set up such a user account or access such features or functions, e.g., username, password, e-mail address, etc. (hereinafter referred to as "User Information"). Additional information may be requested and/or required during the registration process. After You have registered for the Services, We may recognize You when You visit the same website, application, or other interactive service across devices, such as when You login, and permit You to login on such website, application, or other interactive service. If You choose to create an account, You must provide us with accurate and complete User Information and must update such User Information when it changes.
You are responsible for maintaining the confidentiality of Your User Information and may not permit use of Your account by anyone other than members of Your household who also meet the eligibility requirements under these Terms. You accept responsibility for all activities, charges and damages that occur under your account, including use of Your account by other members of Your household, and unauthorized use of Your account. To the fullest extent permissible by law, We are not liable for any harm caused or related to the theft or misappropriation of Your User Information, disclosure of Your User Information, or Your authorization of anyone else to use Your User Information. You agree to immediately notify Us as set forth in the applicable Service if You become aware of or believe there is or may have been any unauthorized use of, or activity using, Your User Information or any other need to deactivate Your account because of security concerns. We may also provide You with access to certain features or functions that We may offer on the Services, such as the option to participate in newsletters, commenting, or member profile pages.
To sign up for or participate in these features or functions, You may be required to provide Us with certain information about You in order for Us to personalize and/or allow You to use such features and functions. The Services may also provide features, functions, and/or services powered by a third-party social media network or other third party. For example, information may be disclosed to a third party through plug-ins offered by such third party, e.g., TV Everywhere authentication. Please take care when using any third-party service and familiarize yourself with the third party's policies and agreements, if any, that govern such use. To learn how We may use the information We collect during the registration process, please read our Privacy Policy, which provides information concerning data You provide or that We may collect, use, disclose, manage and store.
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Additional Terms
Additional and/or supplemental terms may apply to Your use of certain Services (hereinafter referred to as "Additional Terms"), which may include terms and conditions relating to paid content, subscriptions, contests, sweepstakes, or other promotions or activities, and more. Such Additional Terms may also have certain age or geographic restrictions. There may be certain areas of the Services for which You must be a certain age to access. By using or attempting to use those areas and/or Services, You certify that You are at least the required age for the areas and meet all other eligibility requirements of the Services and agree to all of the terms and conditions of these Terms. If You are not yet the required age for such areas, You attest that You have obtained consent from Your parents or legal guardians who agreed to all of the terms and conditions of these Terms and that You are eligible to use those areas and/or Services.
If You are not at least the required age for the areas, or You do not meet all other eligibility requirements of the Services, or You do not agree to all of the terms and conditions contained in these Terms, please discontinue using those areas and/or Services, as applicable, immediately. You are responsible for complying with any such Additional Terms. We will provide any such Additional Terms, including for or related to features of Our Services that are provided by third parties, to You or post them on the Services to which they apply, and they are incorporated by reference into these Terms. If there is a conflict between these Terms and any such Additional Terms, the Additional Terms will control solely for such particular use.
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Malware
We take great care and pride in designing and developing Our Services. We are always on the lookout for technical glitches that affect how Our Services work. Unfortunately, Your device might cause some glitches that affect how You interact with our Services, which is beyond Our control. If You experience any unusual behavior, content, or ads on the Services, it may be the result of Malware on Your device. Malware, i.e., malicious software, is intended to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner's knowledge or permission. Malware includes computer viruses, malicious active content, key loggers, rogue programs, and dialers, among others. While We continuously work closely with Our partners to ensure that everything our Services are working properly, sometimes Malware programs on Your device may interfere with Your experience on Our Services and on other sites that You visit. In such cases, We cannot be held responsible for the effects of any third-party software including Malware on Your device. If You do discover any Malware on Your device, We suggest you contact a qualified technician for Your device to resolve the issue.
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Disclaimer of Warranty
USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. EXCEPTIONAL EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, EXCEPTIONAL MAKES NO WARRANTY OR GUARANTEE THAT THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES FROM THIS WEB SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
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Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EXCEPTIONAL BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEB SITE OR ANY USE OF THIS WEB SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEB SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF EXCEPTIONAL IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
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Dispute Resolution; Arbitration Agreement
IF YOU OR WE HAVE ANY DISPUTE WITH OR CLAIM AGAINST THE OTHER (HEREINAFTER REFERRED TO AS A "CLAIM") ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES OR THESE TERMS, AND THE CLAIM IS NOT RESOLVED BY CONTACTING OUR CUSTOMER SERVICE DEPARTMENT AT CUSTOMERSUCCESS@AMERICANSWITHACCENTS.COM AND BY FOLLOWING THE INFORMAL DISPUTE RESOLUTION PROCEDURE SET FORTH HEREIN, YOU AND WE EACH AGREE TO RESOLVE SUCH DISPUTES THROUGH AN INDIVIDUAL BINDING ARBITRATION OR AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT.
Class arbitrations and class actions are not permitted, and a Claim may not be consolidated with any other person's claim. You and We agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that You and We are each waiving the right to a trial by jury or to participate in a class action. You and We agree that any arbitration between You and Us will be subject to this Section and not to any prior arbitration agreement You had with Us. This Section shall survive termination of these Terms or any subscription or registration that You may have to any of the Services.
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Miscellaneous
We may be required by state or federal law to notify You of certain events. You hereby acknowledge and agree that such notices will be effective upon Our posting them in the relevant Service or delivering them to You via email. You may update Your email address by visiting the Services where You have provided contact information. If You do not provide Us with accurate information, We will not be responsible for failure to notify You. Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of such right or provision. These Terms, including all additional terms, conditions, and policies on the Services, constitute the entire agreement between You and Us and supersede all prior agreements with respect to the subject matter hereof. Nothing in these Terms affects any non-waivable statutory rights that apply to You. If any portion of these Terms are found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision, or portion thereof, that matches the intent of the original provision, or portion thereof, as closely as possible. The other portions of these Terms shall continue to be enforceable and valid according to the terms contained herein.
You authorize Us to provide information concerning You and Your activities to comply with applicable laws or respond to court order, subpoenas, or other lawful requests, or if We believe doing so would protect your safety or that of another person or protect the security of the Services, or as otherwise described in the Privacy Policy, subject to Your right to make certain choices about Our use of Your personal information as described in the Privacy Policy. Any provision of these Terms that must survive to allow Us to enforce its meaning will survive any termination of Your access to the Services, whether We terminate Your access or You voluntarily discontinue Your use.
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Contact Us
If You have a question about these Terms, You may contact Us at:
Tel: +1 (813) 322-2780
Legal@AmericansWithAccents.com
Before Exceptional provides You with any information or correct any inaccuracies, however, We may ask You to verify Your identity and to provide other details to help Us to respond to Your request.