Terms and Conditions
Thank you for choosing Viva Phonics! We understand how falling behind in reading can lead to academic difficulties, and the pressure learning to read creates on parents and children alike. Our website and Services were developed to help readers of all ages improve their reading skills through one-on-one instruction or by providing resources to assist in reading instruction.
This page explains the terms on which you may make use of our website www.vivaphonics.com. Please take the time to read through the Terms and Conditions, which govern both your use of our Services and the website.
Acceptance of Terms of Service
The following terms and conditions (the “Terms and Conditions”) govern your use of the website (“Site”) located at www.vivaphonics.com. Viva Phonics offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Any new features or tools which are added to this website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. We may charge for your free subscription in the future. We will provide notice before we change the free plan.
Description of Service
Viva Phonics provides users with a service to learn and practice reading skills. Reading Coaches that provide the reading services are highly qualified with individual degrees or teaching certificates.
Reading plans include live one-on-one or group sessions and access to the online reading course materials.
Due to restructuring, Viva Phonics resources will only be available with an attached tutoring account.
Inactive current ‘free’ accounts will be removed by Nov. 1. Accounts not active in the month of October 2020 will be considered inactive.
Active ‘free’ accounts will be available until June 1, 2021.
After Nov. 1, accounts inactive for 30 days will be removed periodically.
Paid ‘yearly’ accounts will be honored through the end of their billing period for the initial year.
Visiting vivaphonics.com or sending emails to Viva Phonics constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
By completing the registration and completing payment with a credit/debit card you authorize Viva Phonics to automatically charge you the membership fee for the membership you selected upon registration.
(a) When you subscribe to a paid membership subscription, we immediately charge the monthly or yearly fee for your plan to your credit card or other payment method we have on file.
(b) We charge the monthly or yearly fee for your subscription fee to your credit card or other payment method we have on file.
(c) You authorize us to charge the payment method we have on file, regardless of whether the information associated with such payment method has changed, including but not limited to the expiration date of a credit card. You are responsible for updating us about any changes to the payment method that we have on file.
Accuracy of Billing and Account Information
You agree to provide current, complete and accurate purchase and account information for all purchases made with Viva Phonics. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Modifications to the Service and Prices
We reserve the right to change our membership plans or adjust pricing for our services or any components thereof in any manner and at any time. Any price changes or changes to your reading plan will take effect following notice to you.
If you use this site, you are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Viva Phonics is not responsible for third party access to your account that results from theft or misappropriation of your account. Viva Phonics and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. ACCOUNTS INACTIVE OVER 90 DAYS WILL BE REMOVED.
We aim to create and maintain the safest possible environment for children and take very seriously the responsibilities to safeguard and protect the interests of all young people who use our Services and the Site.
Our records are regarded as confidential and therefore will not be divulged to any third party, other than the appropriate authorities if legally required to do so. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail.
For Tutoring Memberships – Cancellation of Scheduled Session by the Client
If you cancel a session on less than 24 hour notice, you will be charged for that session. Rescheduling on more than 24 hours notice before the scheduled time for reason of a family emergency or illness will depend on reading coach schedule availability. Rescheduled sessions do not carry over to the next billing period and must be completed within the billing cycle in which the session was missed.
For Tutoring Memberships – Cancellation of Scheduled Session by Us
Should we need to cancel a scheduled session, that session will be rescheduled and the rescheduled session will take place within 7 days of the original canceled session. The rescheduled session may be led by any reading coach employed by Viva Phonics. All reading coaches are trained and highly qualified to lead reading sessions.
For Tutoring Memberships – Holidays
During the holiday periods, schedule changes should be discussed and arranged in advance with your assigned reading coach. Viva Phonics will make schedule arrangements with you prior to non-operating days.
Cancellations of Services and Refund Policy
You may cancel your Viva Phonics tutoring service or resource subscription at any time. Cancellation will take effect at the end of the current billing period. You will continue to have access to the online reading resources until the end of the billing period. For Tutoring Memberships – One-on-one sessions that are included in your plan must be completed before the billing period ends. Viva Phonics does not provide refunds or credit for any unused or partially used reading plans. To cancel your membership log onto your account at vivaphonics.com/login/, click on the Account menu option and cancel your membership under the Subscriptions heading.
Disclaimer of Warranties, Limitation of Liability
We strive to provide the best possible service to all students we service. However, we cannot guarantee specific outcomes as a result of the reading services.
We do not guarantee, represent or warrant that your use of our online service will be uninterrupted, timely, secure or error-free.
Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Intellectual Property Rights
The Site and all of the contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by VIVA PHONICS, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms and Conditions grant you a personal, non-exclusive, non-transferable, revocable license to access and use the Site. You may access the material on the Sites only for your own personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Site, except as incidental to normal web browsing, such as the making of temporary copies in RAM or the cache of your Internet browser.
You must not:
- Modify copies of any materials from the Site.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site.
- Reverse-engineer or otherwise attempt to steal the software code of the Site.
Any use of the Site not expressly permitted by these Terms of Conditions is a breach of these Terms of Conditions and may violate copyright, trademark, and other laws.
We reserve the right to refuse service to anyone for any reason at any time.
User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
The Service is controlled, operated and administered by Viva Phonics from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Viva Phonics Content accessed through vivaphonics.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
You agree to indemnify, defend and hold harmless Viva Phonics and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
LIMITATION OF LIABILITY
VIVA PHONICS WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, OF ANY CHARACTER, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR SUBSCRIPTION PLAN, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
VIVA PHONICS DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VIVA PHONICS; TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO YOUR PLAN WILL NOT EXCEED THE AMOUNT YOU PAID FOR YOUR PLAN.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of South Carolina.
Questions about these Terms should be sent to us at firstname.lastname@example.org.