(Last Revised: December 22, 2020)
Thank you for visiting a web site of The Kindergarten Connection, LLC (“Company”, “We”, “Us”), including thekindergartenconnection.com and printandplayclub.com. You arrived at these Terms and Conditions from one of the above sites, referred to herein as “this web site”.
These terms and conditions govern your use of this web site. By accessing this web site, you are acknowledging and accepting these terms and conditions. These terms and conditions are subject to change by us at any time and at our discretion without notice. Except as specified elsewhere herein, your use of this web site after any changes are implemented constitutes your acceptance of the changes. As a result, we encourage you to consult the terms and conditions each time you use this web site. If you do not agree with the terms and conditions, please do not use or access the web site.
Please read carefully, and note our MANDATORY ARBITRATION PROVISION and WAIVER OF CLASS ACTION PROVISION.
1. INTELLECTUAL PROPERTY
You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by COMPANY or as set forth herein, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.
• Share links to any page on this web site
• Print off content that is made available to you from this site, so long as you accessed such content through the public version of this web site or through an authorized download link (as described more fully herein) and use such content for personal use only (and not for commercial purposes or other purposes prohibited herein)
• Pin images from this site to Pinterest
• Use one image in a collage for a “roundup” blog post with a link back
• Additional usage rights may apply depending on the product you purchased.
You may not:
• Place any content from this site on online sharing sites
• Link directly to free downloads found on this web site, but rather should link to the blog post that the free downloads are featured in, with the exception of linking to a free download featured in COMPANY’s Teachers Pay Teachers store.
• Profit from or resell the materials from this web site.
• Modify the materials from this web site (PDF’s and/or videos).
• Share your logins or download links to products purchased from this web site.
• Additional usage restrictions may apply depending on the product you purchased.
As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements, except as set forth herein, on this site is strictly prohibited without the express written permission of COMPANY. For information on requesting such permission, please contact us using the contact information listed in the section entitled “Contacting Us”.
Services or products which are provided for free by COMPANY are also subject to the terms and conditions set forth herein.
2. ABILITY TO ACCEPT TERMS AND CONDITIONS
3. PAYMENT, REFUND AND CANCELLATION POLICY
COMPANY does not offer a refund for any of its programs.
When you make a single purchase (versus purchase a recurring subscription), the credit card you provide will be charged for the total purchase amount of all the items in your shopping cart when you complete the order.
Our Membership Programs consist of individual Teacher Memberships (for a single license) and Multi-User Memberships. Please contact us as listed below for more details regarding our Multi-User Membership Programs.
If you have purchased access to one of our recurring Teacher Membership Programs, you hereby authorize regularly scheduled charges to your credit card or Pay Pal account (whichever was provided with your order). You will be charged the agreed upon rebill amount on each respective billing period (i.e. monthly, yearly, etc.) that you signed up for (the “rebill date”). Your rebill date will be on the same day of the month as when you initially purchased your order for COMPANY’s services or products, unless a particular month doesn’t have that rebill date, in which case your rebill date would be moved to the last day of the respective month. For example, if your rebill date is the 31st, your rebill date would be January 31, February 28, and March 31 etc.
You may cancel your subscription for the services or products from COMPANY before the next billing period by logging into your Membership Account, clicking on Subscriptions, and then selecting Cancel. If you have trouble cancelling your subscription using this method, please send an email to us from your email address on file to the contact information listed in the section entitled “Contacting Us”.
If you were not satisfied with your single purchase item or our Membership Program, we would appreciate you emailing us to let us know your concerns so that we may better serve you.
4. PRODUCT DELIVERY / MEMBERSHIP SITE / CONDUCT
A. For products that you purchase from us that are delivered through a download link, you will be given a URL to access and download the product(s) you purchased. In such instances, you agree not to share the download link with other people who did not purchase the product(s).
B. For products that you purchase from us that are delivered through a membership site (such as our Teacher Membership Programs), you will be given a username and password to access the course materials and tools. In such instances, you agree not to share your login information with other people who did not purchase the product(s). You will not sell access to this program or duplicate and sell any of its content without written permission. For example, if you have purchased a single teacher license, then only one teacher is authorized to use that login. If additional teachers in your school wish to use those materials, please contact us for a Multi-User Membership.
C. If you have purchased one of our Teacher Membership Programs, you are authorized to share the course materials in that program privately with your students (i.e. in your own class(es)). You are authorized to send the course materials to students by email, put the course materials on a learning management system, or a private Dropbox or similar folder that only your students can access. You are strictly prohibited from putting the materials anywhere that could be indexed by Google and doing so would be a violation of these license terms. You are also strictly prohibited from modifying the course materials and cannot profit from or resell the course materials. As mentioned previously in the billing section, once you terminate your membership in the Teacher Membership Program, you must remove all course materials and cease using them in your classrooms or for any purpose.
D. Where applicable, the membership site is meant for informational purposes only. It is not intended as specific medical, legal, commercial, financial, tax or other professional advice. Use of the information on the membership site and this web site are at your own risk.
E. Use of content, unless otherwise stated herein, is for your own personal, non-commercial use. You may not distribute content, print multiple copies, or use the content for public display or performance unless otherwise stated herein.
F. We reserve the right to discontinue or modify without notice or liability, any portion of this web site.
G. You affirm, represent, and warrant that your participation on this web site and the content you submit does not relate to pornography, illegal activities of any kind, occult, hate, or racism. You also represent and warrant that content you submit does not violate the intellectual property rights of third parties. Company reserves the right to make the final decision regarding what is appropriate. Company further reserves the right to remove content or terminate your account without prior notice for a violation of this provision.
H. You understand and agree to not place an unreasonable burden on the server hosting this web site or membership site, to not interfere with the running of this web site and to not attempt unauthorized access to any portion of this web site.
I. You understand and agree not to provide false information about yourself, to impersonate another individual or provide misleading or false content.
J. You agree and understand that any information you disclose on any open forum hosted by Company may be used and viewed by other parties than Company. Company cannot ensure or warrant the security of any information you transmit to Company, and you do so at your own risk.
K. Please do not send any confidential or proprietary information to Company unless specifically requested by Company. Any such unsolicited information or material sent to Company by you will not be deemed confidential or proprietary. Furthermore, you agree that any ideas, suggestions, or improvements that you provide to Company about Company’s products or services shall be owned by Company and that Company is free to include such ideas in future products without compensation to you.
6. THIRD PARTY REFERENCES / HYPERLINKS
This site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of COMPANY, and you acknowledge that COMPANY is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by or any association with its operators.
7. CONTACTING US
If you need to contact us, you can email us at [email protected], select the contact button to contact us through this web site, or you can contact us by mail at The Kindergarten Connection, LLC, 317 S. 2nd St #122, Mount Vernon, WA 98273.
8. DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
9. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. Any provision herein to the contrary notwithstanding, the maximum liability of COMPANY to any person, firm or corporation whatsoever arising out of or in the connection with any license, use or other employment of any Content delivered to You hereunder, whether such liability arises from any claim based on breach or repudiation of contract, warranty, tort or otherwise, shall in no case exceed the actual price paid to COMPANY by You for the Content whose license, use, or other employment gives rise to the liability. The essential purpose of this provision is to limit the potential liability of COMPANY arising out of this Agreement. The parties acknowledge that the limitations set forth in this Section are integral to the amount of consideration levied in connection with the web site and any services rendered hereunder and that, were COMPANY to assume any further liability other than as set forth herein, such consideration would of necessity be set substantially higher.
Upon a request by COMPANY, you agree to defend, indemnify, and hold COMPANY and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your misuse of this site.
11. SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and COMPANY with respect to this site and supersedes all prior or contemporaneous communications between you and COMPANY with respect to this site. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
12. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Washington. You hereby consent to binding arbitration in the State of Washington to resolve any disputes arising under this Terms and Conditions.
13. ARBITRATION OF DISPUTES
Except for payment/collection issues or infringement of Company’s intellectual property, which can be heard by a court of competent jurisdiction, the parties agree that any dispute or claim in law or equity arising between them regarding the use of this web site or these Terms and Conditions, including any dispute regarding the enforceability or applicability of this arbitration provision, shall be decided by neutral, binding arbitration conducted in Skagit County, Washington. The arbitrator shall be a retired judge, justice, or an attorney with at least ten (10) years of legal experience relating to the subject matter of this Agreement, unless the parties mutually agree otherwise, who shall render an award in accordance with the substantive laws of Washington. In all other respects, the arbitration shall be conducted in accordance with the rules and procedures of the American Arbitration Association, subject to the parties being allowed limited discovery. Judgment upon the award of the arbitrator(s) may be entered in any court having jurisdiction.
NOTICE: BY USING THIS WEB SITE YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THIS “ARBITRATION OF DISPUTES” PROVISION DECIDED BY NEUTRAL ARBITRATION AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION YOU MAY BE COMPELLED TO ARBITRATE ANYHOW PURSUANT TO A COURT ORDER. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. IF YOU DO NOT WISH TO AGREE TO ARBITRATION, THEN YOU MAY NOT USE THIS WEB SITE.
14. CLASS ACTION WAIVER
ARBITRATION OR ANY OTHER LEGAL ACTION ARISING IN CONNECTION WITH THE USE OF THIS WEB SITE, THE SERVICES OFFERED THROUGH THIS WEB SITE, OR THESE TERMS AND CONDITIONS MUST BE ON AN INDIVIDUAL BASIS, WHERE ALLOWED BY APPLICABLE LAWS. THIS MEANS NEITHER YOU NOR COMPANY MAY JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
15. ATTORNEYS’ FEES
In any dispute, action, proceeding, or arbitration regarding the use of this web site or these Terms and Conditions, including the enforcement of any arbitration provision herein, the party prevailing in such action or proceeding shall be entitled to recover, in addition to any other award of damages or other remedies, its reasonable attorneys’ and experts’ fees, costs and expenses (including, without limitation, expenses for expert witnesses and all reasonable attorneys’ fees, costs and expenses upon appeal).