TERMS OF USE
Effective Date: January 1, 2023
This Terms of Use (“Agreement”, “Terms”) is an agreement between you and The Right Way Phonics Program. (“The Right Way Phonics Program”, “us”, “our” or “we”) and sets forth the legally binding terms for your use of our websites found at such as The Right Way Phonics (and any of its sub-domains) or any other site which includes a link to this Privacy Policy (the “Sites”) , as well as in connection with any of our sales or marketing activities (“Services”).
These Terms apply to your use of the Sites or Services (however accessed and/or used, whether via personal computers, mobile devices or otherwise) or any other means or applications in which you connect with us and your use of our Services.
Our Privacy Policy found at therightwayphonics.com/terms, is incorporated into and subject to these Terms by reference. Please review that Privacy Policy for information about how we collect, use, and share information, including the data rights available to you.
ARBITRATION NOTICE AND CLASS ACTION WAIVER : EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 15 BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
QUICK LINKS
We recommend that you read these Terms in full to ensure you are fully informed. However, to make it easier for you to review those parts of these Terms which apply to you, we have divided up the document into the following sections:
1. WHO WE ARE AND OUR SERVICES
2. ACCEPTANCE OF TERMS
3. ACCOUNT AND CONTACT INFORMATION
4. PAYMENT AND CANCELLATION RIGHTS
5. USE OF THE SITES AND SERVICES
6. PROPRIETARY RIGHTS
7. DISCLAIMER OF WARRANTIES
8. LIMITATION OF LIABILITY
9. CALIFORNIA RESIDENTS RIGHTS**
10. GEOGRAPHIC RESTRICTIONS
11. CHANGES TO TERMS OF USE
12. THIRD PARTY LINKS
13. ARBITRATION / DISPUTE RESOLUTION
14. NO RIGHTS OF THIRD PARTIES
15. MISCELLANEOUS
16. CONTACT US
1. WHO WE ARE AND OUR SERVICES
The Right Way Phonics Program is a Canada-based company that provides subscription-based content book series, animated videos as well as supplemental education materials for various content driven instructions.
2. ACCEPTANCE OF TERMS
Agreement to the Terms
Each time that you access our Sites or use the Services you signify that you have read, understand, and agree to be bound by these Terms. If you do not agree to any of these Terms, you must discontinue using the Sites and Services.
Eligibility
You must be at least 18 years old or have reached the age of majority to use the Sites and Services or become a Member and by registering with us you attest that you have reached the age of majority and have the legal capacity to be legally bound to our Terms. Our website is designed to be used by children, but all accounts must be registered by the parent or tutor or legal guardian of any child using our website.
Electronic Form/Communications
By accessing or using the Sites or Services you consent to having this Agreement provided to you in electronic form and receiving communications from us electronically. We may communicate with you by postal mail, e-mail or by posting notices on the Sites. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing.
3. ACCOUNT AND CONTACT INFORMATION
Access to the Sites and Services
You do not need to register as a Member in order to access and browse some sections of the Sites or our Services, but you may not be able to access all of the features of the Sites or Services unless you register with us and create an account. If you are browsing the Sites or Services and have not yet registered with us your use of the Site or Services will still be subject to these Terms.
Registration
You can register by submitting the information required (“Subscription Account”). You’ll need to provide a valid email address and a password which you will be required to submit each time you log in. You must provide accurate, current and complete information during the registration process and keep your Subscription Account up-to-date at all times. Any falsification of any information whatsoever may, at The Right Way Phonics Program’s option, result in immediate suspension or termination of your right to use the Sites or Services.
Security
If you use our Services you are responsible for restricting access to your Subscription Account and ensuring that your computer and mobile device are free from all types of malicious content, including content that may track any data you enter via the Services. Your login ID email address (or other unique identifier needed to create an account) and password, together with any mobile number or other contact information you provide, form your “Account Information”. You understand and agree that you are responsible for maintaining the confidentiality and security of your password and other Account Information, and that you are solely responsible for all activities that occur on or through your Subscription Account. You further agree to notify The Right Way Phonics Program immediately of any unauthorized access to your Subscription Account or unauthorized use of your Account Information or any other security breach by emailing us at therightwayphonics@gmail.com.
Contacting You
When you provide us with contact information in connection with a particular activity or when using our Services, such as an email address or telephone number, you agree that this action constitutes a purchase or inquiry establishing a business relationship with us. You expressly consent to our communicating with you using contact information obtained directly from you or which is provided to us with your consent. You attest that you have the legal authority over any contact information provided to us and can provide us and/or third parties with the authorization to contact you. This means you may be contacted in person or by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, IM messaging, or any other means of communication that your wireless or other telecommunications device may be capable of receiving), in accordance with applicable laws or regulations (“Applicable Laws”).
4. PAYMENT AND CANCELLATION RIGHTS
Purchasing our Services or Merchandise
Please refer to the applicable offer for a description of our merchandise, current subscription plans and pricing. Any terms and conditions of any offer disclosed to you when ordering is deemed part of these Terms. The Right Way Phonics Program reserves the right to change the fees for its merchandise and Services and will provide notice of any increase prior to your being charged.
Orders
Any prices displayed on the Sites, or Services are quoted in U.S. dollars and are intended to be valid and effective worldwide. All orders are for personal use only and orders for resale are prohibited without prior written approval. If your order is cancelled by us after you have been charged, we will issue a credit. We try to display the image of the products available on our Sites or Services including colors, as accurately as possible but they may vary and the actual colors you see depend upon your device display. If we have cancelled your order after charging your account, we will issue a credit for the amount charged.
No Binding Offer
Nothing on the Sites or Services constitutes a binding offer to sell, distribute or give away any products or services. In the event the products and services are listed at an incorrect price, we have the right to refuse or cancel orders placed at the incorrect price, regardless of whether the order has been confirmed or you have been charged. We reserve the right at any time after receipt of your order to accept or decline such order, or any portion thereof, even after your receipt of an order confirmation or after you have been charged. There may be information on the Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, colors, pricing, and availability. We make no representation as to whether information on the Sites or Services is current or the completeness or accuracy of any information on the Sites or Services.
Billing Information
When you provide payment information (“Billing Information”) to The Right Way Phonics Program or its authorized processor, you represent that you are an authorized user of the payment card, PIN, key, account or other payment method specified by you (“Payment Method”), and you authorize The Right Way Phonics Program to charge such Payment Method for the full amount of the transaction. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, debit/credit card issuer or other provider of your chosen Payment Method (the “Payment Method Provider”). If The Right Way Phonics Program does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your account upon demand. In the event we are advised of insufficient funds in your account or credit to cover your payment by your Payment Method, we may re-present such un-cleared or rejected payment, or any lessor amount thereof, to your Payment Method Provider. In the event we have to collect unpaid amounts you owe us, you will be liable for all collection costs, including attorneys’ and collection agency fees. The Right Way Phonics Program reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment and to update your information from available third-party sources. In the event The Right Way Phonics Program cannot charge the Payment Method you provide we reserve the right to terminate your order and invoice you for any unpaid amounts. You must promptly notify The Right Way Phonics Program if your Payment Method is cancelled (e.g., for loss or theft). If you fail to notify us, you remain responsible for any continued charges to the Payment Method you provided.
Cancellation Rights
We do not have a refund policy for clients who purchase downloadable and printable reading materials on our website. Once a Program is purchased, the materials are available for download for you and only you thanks to a personalised digital access key. Practically, there is no tangible way to reverse a confirmed sale.
REGARDLESS OF THE TERMS OF AN OFFER YOU CAN RECEIVE A FULL REFUND FOR ANY CUSTOMERS WHO PURCHASE THE DISTRIBUTION READING MATERIALS IF YOU CONTACT US TO CANCEL WITHIN THE FIRST THREE DAYS AFTER YOU ACCEPT THE OFFER.
How to Cancel Auto-Renewal
You can cancel any membership at any time to avoid future charges, or to receive a pro rata refund for an annual membership. You can cancel any future terms or membership and any corresponding charges by going online to your account or contacting customer service at therightwayphonics@gmail.com.
Free or Introductory Promotional Offer
If you enrolled for any of our Services under a special introductory offer (for example, a discounted or free initial trial or free merchandise), you are subject to the terms of the offer you accepted and, unless you cancel within the time frame presented in the offer, the applicable regular fee for the Services you selected will be posted to your Payment Method after the introductory offer or trial period is completed. We reserve the right to limit any introductory or trial offer to one per person/household.
5. USE OF THE SITES AND SERVICES
Rules of Conduct
In connection with your use of the Sites or Services, you will not (i) use the Sites or Services other than as permitted in these Terms and only for your personal use; (ii) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Sites, Content (as hereinafter defined), or Sites or Services; (iii) upload or input to the Sites or Services any information which contains software viruses, or any computer code, files or programs designed to interrupt, destroy or limit the functionality of the Sites or Services, any computer software or hardware or telecommunications equipment; (iv) reverse engineer, decompile, reverse assemble, decode, modify or attempt to discover any source code or generate its content or any software or other products or processes accessible through the Sites or Services; (v) use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Services, monitor traffic on the Sites or Services, obtain or accumulate personal information about other users, or collect or store personal data about other users; (vi) copy or adapt the object code of any software, HTML, JavaScript or other code; (vii) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Sites or Services; (viii) use the Sites or Services in any manner that in our sole judgment, adversely affects the performance or function of the Sites or Services or interferes with the ability of other users to access or utilize the Sites or Services or undertake any acts not expressly permitted under the Terms; (ix) develop a product which is competitive with any of The Right Way Phonics Program’s products or services; (x) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Content; (xi) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, to any third party for any reason; (xii) exploit, distribute or publicly communicate any error, miscue or bug which gives an unintended advantage; (xiii) use software or any other means to harvest information from the Sites or Services; (xiv) harass others or disclose personal information about others that could amount to harassment; (xv) impersonate others or create false accounts; (xvi) Send chain letters, junk mail, ‘spamming’ material or any other form of bulk communication; (xvii) publish, post, upload, store, distribute or disseminate any unlawful, defamatory, infringing, obscene, sexually explicit, harmful, confidential, libelous, hateful, threatening or otherwise illegal material or information, or anything which might constitute a criminal or civil offence; or (xviii) undertake to use the Sites or Services in violation of any Applicable Law or generally accepted practices or guidelines (“Accepted Practices”) or take any action which would cause us to be in violation of any Applicable Law or Acceptable Practices.
Ordering Online
Merchandise available on our Sites or through our Services are subject to availability when you order. Images on our Sites may not accurately capture the actual Appearance or quantity of what is available for purchase.
No Binding Offer
Nothing on the Services constitutes a binding offer to sell, distribute or give away any products or services. We reserve the right at any time after receipt of your order to accept or decline such order, or any portion thereof, even after your receipt of an order confirmation or after you have been charged. Any prices displayed on the Services are quoted in U.S. dollars and are intended to be valid and effective worldwide. In the event the products and services are listed at an incorrect price, we have the right to refuse or cancel orders placed at the incorrect price, regardless of whether the order has been confirmed or you have been charged. If your order is canceled by us after you have been charged, we will issue a credit. We reserve the right at any time to limit the quantities of products or services, which you, or your household, seek.
Monitoring
The Right Way Phonics Program reserves the right to monitor all network traffic to the Sites or Services and anyone using the Sites or Services expressly acknowledges that such monitoring may occur. The Right Way Phonics Program may block unauthorized attempts or intrusions to upload or change information or cause damage to the Sites or Services in any fashion. You acknowledge that The Right Way Phonics Program has no general obligation to monitor nor to actively seek facts or circumstances indicating illegal activity, but has the right to do so in order to: (i) operate, secure and improve the security of the Sites (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure compliance with these Terms; (iii) comply with Applicable Laws or the order or requirement of a court, law enforcement, or other administration agency or governmental body; (iv) respond to user conduct that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms.
Termination
The Right Way Phonics Program may terminate your access to its Sites or Services immediately or disable any user name, password or other identifier, whether chosen by you or provided by The Right Way Phonics Program, at any time without notice, if, in The Right Way Phonics Program’ sole opinion, you have violated any provision of these Terms. Termination will not limit any of The Right Way Phonics Program’ rights or remedies at law or in equity.
Third-Party Links
The Sites and Services may contain links to other websites or applications. These websites and applications are not under the control of The Right Way Phonics Program, and the existence of a link from the Sites or Services does not imply any endorsement of or affiliation with the linked websites or applications. The Right Way Phonics Program makes no warranties or representations, and disclaims all liability, relating to the accuracy, content, terms of use, privacy policies, products, services, legality, reliability, viewpoint, accuracy, currency, decency, or any other aspect of the linked websites or applications.
Data Collection Policy
No party unaffiliated with The Right Way Phonics Program may collect or use, or direct, authorize or assist other persons or entities to collect or use any data from a user, or a computer or device operated by a user, while accessing our Sites or Services without our prior express written permission.
Modification to Services
The Right Way Phonics Program has the right to modify its Services (and products and services accessible through its Services), and its Sites at any time in its sole discretion which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that The Right Way Phonics Program has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality or other aspects of its Sites or Services. Your only right with respect to any dissatisfaction with any modifications made, or any policies or practices of The Right Way Phonics Program in providing its Services is to cancel your account and/or stop using our Sites or Services.
Injunctive Relief
You expressly acknowledge and agree that there may be no adequate remedy at law for a breach of this Section, that such a breach may irreparably harm The Right Way Phonics Program is entitled, without limiting any of its other remedies at law or equity, to seek injunctive relief (temporary and permanent) from any court of competent jurisdiction immediately upon request and without the need to post a bond or security, with respect to any such breach or potential breach of these Terms.
6. PROPRIETARY RIGHTS
Ownership of Content and Marks The Sites and Services, and all content published on or accessible through the Sites and Services (‘Content”), is owned by The Right Way Phonics Program, its affiliates or its licensors, and is protected by laws governing copyrights patents, trademarks, trade secrets and/or other proprietary rights. The Right Way Phonics Program owns a copyright in the selection, coordination, arrangement and enhancement of such Content and a copyright in the Sites. All trademarks, logos, service marks, trade names, and trade dress appearing on the Content, Sites (“Marks”), are proprietary to The Right Way Phonics Program, its affiliates, or its licensors. You acknowledge that you do not acquire any ownership rights in any Content or Marks downloaded or accessed from the Sites or Services. You may not frame or utilize framing techniques to enclose any Marks or Content (including images, text, page layout, or form) nor use any Meta tags or any other “hidden text” utilizing The Right Way Phonics Program’, its affiliates’, or its licensors’ name or Marks without the prior express written consent of The Right Way Phonics Program. You agree not to copy, reproduce, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, the Sites, Services, Marks or Content, in whole or in part, without the prior written consent or The Right Way Phonics Program.
Our Limited License to You
You acknowledge and agree that the Sites, Services and Content are provided under license, and not sold, to you and your use. You do not acquire any ownership interest in the Sites, Services or Content under these Terms, or any other rights thereto other than to use the Sites, Services and Content in accordance with the license granted, and subject to all terms, conditions, and restrictions under these Terms. The Right Way Phonics Program grants you a limited, personal, non-commercial, non-exclusive, revocable, non-assignable, and non-transferable license to access (but not through scraping, spidering, crawling or other technology or software used to access data) and display the Content (excluding any software code) solely for your personal use in connection with accessing and using the Services as reasonably necessary to use them for their intended purpose. You may not insert any code or product to manipulate the Content, Sites or Services in any way that affects any user’s experience. The Right Way Phonics Program and its licensors reserve all rights not expressly granted in and to its respective Sites, Services, Marks and Content. You may not use the Sites, Services, Marks or Content in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Sites or Services. You may, however, from time to time, download copies of individual pages from the Services for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices intact.
Feedback/Idea Submissions
The Right Way Phonics Program does not accept unauthorized idea submissions. Any ideas disclosed to The Right Way Phonics Program are not confidential and The Right Way Phonics Program may develop, use and freely disclose or publish similar ideas without compensating you or accounting to you. All comments or materials submitted to us, including testimonials, images, reviews, questions, comments, or suggestions (collectively, “Feedback”), is received and treated by us on a non-confidential and unrestricted basis. If you provide The Right Way Phonics Program with any Feedback, you hereby grant The Right Way Phonics Program a non-exclusive, fully-paid, royalty-free, irrevocable, perpetual, transferable, sub licensable license to reproduce, distribute, modify, prepare derivative works based on, publicly perform, publicly display, make, have made, use, sell, offer to sell, import, and otherwise exploit that Feedback for any purposes, for all current and future methods and forms of exploitation throughout the world. If any such rights may not be licensed under Applicable Laws (such as moral and other personal rights), you hereby waive and agree not to assert all such rights. You understand and agree that The Right Way Phonics Program is not required to make any use of any Feedback that you provide. You agree that if The Right Way Phonics Program makes use of your Feedback, The Right Way Phonics Program is not required to credit or compensate you for your contribution. You represent and warrant that you have sufficient rights in any Feedback that you provide to The Right Way Phonics Program to grant The Right Way Phonics Program and other affected parties the rights described above. This includes but is not limited to intellectual property rights and other proprietary, privacy or other personal rights.
7. DISCLAIMER OF WARRANTIES
IF YOU CHOOSE TO USE THE SITES OR SERVICES, YOU DO SO VOLUNTARILY AND AT YOUR SOLE RISK. THE CONTENT AND INFORMATION OFFERED ON OR THROUGH THE SITES OR SERVICES ARE PROVIDED “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, WE DISCLAIM ALL WARRANTIES OR OTHER TERMS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR TERMS OF SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT: THAT THE SITES OR SERVICES, OR ANY OF THEIR FUNCTIONS, WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT ANY PART OF THE SITES OR SERVICES, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS ,INCLUDING WHETHER THE APPS WILL AUTOMATICALLY DOWNLOAD WHEN INSTALLED OR THAT DEPENDING ON YOUR DEVICE WHETHER UPDATES WILL BE AVAILABLE TO YOU.WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITES OR SERVICES OR CONTENT CONTAINED THEREIN WITH REGARD TO THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, APPROPRIATENESS FOR ANY PURPOSE, OR OTHERWISE. DUE TO THE NATURE OF THE INTERNET, THE RIGHT WAY PHONICS PROGRAM, CANNOT GUARANTEE THE CONTINUOUS AND UNINTERRUPTED AVAILABILITY AND ACCESSIBILITY OF THE SITE OR SERVICES. THE RIGHT WAY PHONICS PROGRAM MAY RESTRICT THE AVAILABILITY OF THE STIES OR SERVICES OR CERTAIN AREAS OR FEATURES IF NECESSARY, IN VIEW OF CAPACITY LIMITS, THE SECURITY OR INTEGRITY OF ITS SERVERS, OR TO CARRY OUT MAINTENANCE MEASURES THAT ASSIST IN THE PROPER OR IMPROVED FUNCTIONING OF THE SITES OR SERVICES. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITES OR SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SITES OR SERVICES.
8. LIMITATION OF LIABILITY
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Sites, Services and Content remains with you. Neither The Right Way Phonics Program nor any other party involved in creating, producing, or delivering the Sites or Services or Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Sites or Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not The Right Way Phonics Program has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed its essential purpose.
In no event will The Right Way Phonics Program’ aggregate liability arising out of or in connection with these Terms and your use of the Sites or Services or assess Content exceed the amounts you have paid to The Right Way Phonics Program in the twelve month period prior to the event giving rise to the liability. The limitations of damages set forth above are fundamental elements of the basis of the bargain between The Right Way Phonics Program and you. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU).
9. CALIFORNIA RESIDENTS RIGHTS**
If you are a California resident and in connection with the foregoing releases, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
10. GEOGRAPHIC RESTRICTIONS
The Right Way Phonics Program will provide the Sites and Services with reasonable care and skill but The Right Way Phonics Program makes no representations that they are appropriate for use from locations worldwide or compliant with laws outside Canada. If you access Sites or Services from outside Canada, you are responsible for compliance with local laws in relation to your use of the Sites or Services.
11. CHANGES TO TERMS OF USE
The Right Way Phonics Program will review and may update these Terms periodically and will note the new effective date if any changes are made. If we make material changes to these Terms we may choose to notify you by prominently posting a notice of a new Terms of Use update on the Sites for a period of time in our discretion but we encourage you to review these Terms and make note of the “effective date” frequently. Your continued use of the Sites and Services after we post any changes to the Terms signifies your agreement to any such changes. If you do not agree to these Terms, you must discontinue using the Sites and Services.
12. THIRD PARTY LINKS
You may be able to access other websites, mobile applications or resources through links accessed on the Sites or Apps. Because The Right Way Phonics Program has no control over such websites or mobile applications you acknowledge and agree The Right Way Phonics Program is not responsible for the availability of such external websites, mobile applications or resources accessible from those third parties, and does not endorse and is not responsible or liable for any content, advertising, products, services, or other materials available from such websites or mobile applications, nor does The Right Way Phonics Program endorse any such websites, mobile applications or resources, or the products or services assessable on such websites or mobile applications.
13. ARBITRATION / DISPUTE RESOLUTION
Governing Law. These Terms shall be governed by and construed in accordance with the laws of Canada without application of conflict of laws rules.
Resolution of Any Dispute. In the event a dispute arises between you and The Right Way Phonics Program (“Dispute”), we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute. Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting us by writing to The Right Way Phonics Program. If, however, the Dispute cannot be resolved by the personnel directly involved, the parties shall first attempt in good faith to resolve the Dispute promptly by negotiation between duly appointed executive officers or other representatives of such parties, with full authority to negotiate and settle the Dispute. The parties covenant that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator are confidential, privileged and inadmissible for any purpose, including impeachment, in any litigation or other proceeding involving the parties; provided, however, that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. None of the parties may commence arbitration or a civil action with respect to the matters submitted to mediation until after the completion of the initial mediation session, or 30 business days after the date of filing the written request for mediation, whichever occurs first. Mediation may continue after the commencement of arbitration or a civil action, if the parties so desire.
Limitation of Legal Remedies. If there is a Dispute that remains unresolved after mediation, INSTEAD OF SUING IN COURT, YOU AND THE RIGHT WAY PHONICS PROGRAM EACH AGREE TO THE FULLEST EXTENT PERMITTED BY LAW TO ARBITRATE DISPUTES THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS, WITHOUT CLASS RELIEF, EXCEPT FOR DISPUTES PERTAINING TO THE RIGHT WAY PHONICS PROGRAM’S INTELLECTUAL PROPERTY RIGHTS AND STATUTORY CLAIMS THAT PURSUANT TO LAW ARE NOT ARBITRABLE. This agreement to arbitrate is intended to be broadly interpreted. It includes claims based in contract, tort, statute, fraud, misrepresentation or any other legal theory (“Claim(s)”). The arbitrator’s decision and award are final and binding, and judgment on the award may be entered in any court with jurisdiction.
Jury Trial Waiver. YOU AND THE RIGHT WAY PHONICS PROGRAM EACH VOLUNTARILY WAIVE THE RIGHT TO A TRIAL BY JURY IN RESOLVING ANY DISPUTE BETWEEN US ARISING OUT OF THESE TERMS OR THE SITES OR SERVICES.
Class Action Waiver. YOU AND THE RIGHT WAY PHONICS PROGRAM EACH AGREE THAT CLAIMS AGAINST THE OTHER MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING. All arbitrations under these Terms must be conducted on an individual (and not a class-wide) basis, and an arbitrator will have no authority to award class-wide relief. You acknowledge and agree that these Terms specifically prohibit you from commencing any legal proceedings as a representative of others, participating in a class, representative, or collective action as a class representative, class member or an opt-in party, acting as a private attorney general, or joining or consolidating Claims with claims or proceedings brought by any other person (“Class Action Waiver”).
14. NO RIGHTS OF THIRD PARTIES
You agree that, except as otherwise expressly provided in these Terms, there are not third-party beneficiaries to these Terms.
15. MISCELLANEOUS
These Terms, and policies incorporated herein, are the entire agreement between you and The Right Way Phonics Program. They supersede any and all prior or contemporaneous agreements between you and The Right Way Phonics Program relating to your use of the Sites or Services. If these Terms expire or are terminated for any reason, the provisions which by their nature should continue after termination including Proprietary Rights, Disclaimer of Warranties, Limitation of Liability, your Legal Liability, Arbitration/Dispute Resolution, No Rights of Third Parties and Miscellaneous shall survive any such expiration or termination. If any provision of these Terms is declared or found by a court of competent jurisdiction or arbitrator to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions will remain fully enforceable, except that if the Class Action Waiver for any Claim cannot be enforced, then the provision to arbitrate will not apply. You may not assign your rights under your Subscription Account or this agreement to any third party without The Right Way Phonics Program’ prior written permission. The Right Way Phonics Program may assign these Terms, in whole or in part, at any time. Headings in the Terms are for convenience of reference only and shall not affect the interpretation or construction of this agreement. The failure of The Right Way Phonics Program to partially or fully exercise any rights or the waiver of The Right Way Phonics Program to enforce any breach of these Terms by you, shall not prevent a subsequent exercise of such right by The Right Way Phonics Program or be deemed a waiver by The Right Way Phonics Program of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of The Right Way Phonics Program under these Terms and any other applicable agreement between you and The Right Way Phonics Program shall be cumulative, and the exercise of any such right or remedy shall not limit The Right Way Phonics Program’ right to exercise any other right or remedy. In the event of any conflict or inconsistency between the terms and conditions of these Terms any other terms and/or conditions applicable to the Sites or Services, we shall determine which rules, restrictions, limitations, terms and/or conditions shall control and prevail in our sole discretion, and you specifically waive any right to challenge or dispute such determination.
16. CONTACT US
You may contact us by emailing us at therightwayphonics@gmail.com if you have any questions about these Terms. When contacting us, please include your full name, address, phone number, and email address, and indicate the specific nature of your request or inquiry.
