Terms and Conditions

Viva Phonics Website Terms of Use
Updated Aug. 10, 2022

1. Our Terms

Thank you for choosing Viva Phonics! 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.

2. Acceptance of the Terms of Use

Welcome to the Terms of Use of Viva Phonics. These terms of use are entered into by and between Viva Phonics (“Company,” “We,” or “Us”) and You (“You”, “Yours”, or “User(s)”), a user, customer, or guest of the website. The following terms and conditions, together with any documents they expressly incorporate by reference, collectively, “Terms of Use”,  govern your access to and use of https://vivaphonics.com/, https://my.vivaphonics.com/ including any content, functionality, and services offered on or through https://vivaphonics.com, https://my.vivaphonics.com/ (the “Website”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use, our Privacy Policy https://vivaphonics.com/privacy-policy/, and our COPPA Policy, found at https://vivaphonics.com/coppa-compliance/, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

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.

3. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

4. Description of Service

Tutoring

Viva Phonics provides users with a service to learn and practice reading skills. Reading Tutors that provide the reading services are highly qualified with Viva Phonics curriculum training, individual degrees, or teaching certificates.

Reading tutoring plans include live one-on-one or group sessions and access to the online reading course materials.

Online Reading Course Materials for Teachers and Families

Access and Use

Provision of Access After your payment of Fees and compliance with the terms and conditions of this Agreement as well as the Website Terms of Use, Viva Phonics grants you a limited license to access and use the Viva Phonics online reading course materials during the Subscription Term. This license is limited as follows;

  1. A single subscription shall be used with only one student, one small group, or one classroom.
  2. The license shall only be used for personal purposes, by either a parent/guardian teaching their child to read or a teacher using it  in a classroom. In a classroom context, a separate subscription shall be purchased for each student, small group, or classroom utilizing the online services. Customer shall not use the license for commercial purposes.


    Documentation License     Subject to the terms and conditions contained in this Agreement, Viva Phonics grants you a license for you to use the Documentation during the subscription. Each license subscription shall be used by one student.

    Reservation of Rights Viva Phonics reserves all rights not expressly granted to Customer in this Agreement.

    Suspension     Provider may temporarily suspend Customer’s access to any portion or all of the online curriculum if: (i) Provider loses access to third party services necessary to enable customer access online services, (ii) Customer utilized online services in a manner that violates this agreement or (ii) in accordance with Section 5 “Service Suspension”). Provider will have no liability for any damage that Customer may incur as a result of a Suspension.

    Customer Support     If you have any challenges accessing the materials or navigating the website, please check your internet connection and/or contact your internet service provider. If there is a site outage, we will notify you via email. If you are not able to access a portion of the online reading course materials, contact angelica@vivaphonics.com. Support services shall not extend to instructional advice and Viva Phonics shall not oversee instruction of students by Customers who purchase access to the online reading course materials under this agreement. Consultation services are available at an additional cost. 

Subscription Fees and Payment

  • Viva Phonics provides either a monthly or an annual subscription term. Customer shall select the subscription plan desired during the Customer’s registration with Viva Phonics or during any subsequent purchase. Customer shall purchase one license per student and shall, at no single time, exceed the number of users on a single license.
  • Provider does not obligate itself to maintain our licensed resources in their present form. Viva Phonics may upgrade, modify, change or enhance resources.
  • Customer shall pay Provider the fees suitable for the selected plan as described on the sign up page. The license cannot be canceled by Customer during the license term and no refunds shall be issued. All cancelations requested before the end of the then-current term will be effective at the end of the current term. The term of the Subscription License will be automatically renewed for another similar term, unless you terminate the Subscription License before the end of the license term.
  • If the renewal cannot be processed through automatic billing of the payment method on file Provider may suspend access to the online reading course materials.

Electronic communication

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.

Billing

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 weekly, monthly, or yearly fee for your plan to your credit card or other payment method we have on file.

(b) We charge the weekly, 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.

5. Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy https://vivaphonics.com/privacy-policy/ and our COPPA Policy, https://vivaphonics.com/coppa-compliance/  and you consent to all actions we take with respect to your information consistent with these policies.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to accept responsibility for all activities that occur under your account or password. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

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.

6. Student Access

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 email address for unsolicited mail.

You can review how we use the information collected about your child here: https://vivaphonics.com/coppa-compliance/

7. Tutoring Memberships

These guidelines govern tutoring memberships;

Cancellations

If a tutoring session is canceled on less than 24 hours notice, it will be noted as a completed session. A makeup session will not be offered.

Missed Sessions

If a tutoring session is missed without notice, it will be noted as a completed session. A makeup session will not be offered.

Late Arrivals

Missed minutes will not be made up.

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 14 days of the original canceled session. The rescheduled session may be led by any reading tutor contracted by Viva Phonics. All reading tutors are trained and highly qualified to lead reading sessions.

Holidays

During the holiday periods, schedule changes should be discussed and arranged in advance with your assigned reading tutor. Viva Phonics will make schedule arrangements with you prior to non-operating days.

Cancellations of Services and Refund Policy

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.

Tutoring Observations

With prior notice to parents/guardian; Viva Phonics may;

  1. Record tutoring sessions with parent permission for training purposes
  2. Have a senior instructor observe a session to oversee the quality of instruction.

    8. Access and License Grant to You

Upon registration and payment, Viva Phonics will grant you a personal, non-exclusive, revocable, limited license to access the Website and to use any of our services. This does not grant you any ownership interest in any portion from the website. Access to the website is personal and use of the resources is limited to non-commercial use. All rights not explicitly granted are reserved for Viva Phonics.  If you breach any of our usage guidelines and/or engage in conduct that causes the Viva Phonics to believe that such conduct may harm us or our business interests, we reserve the discretionary right to revoke your license and/or access to use our website. Failure by us to revoke your license or restrict access does not act as a waiver of your conduct.

9. 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.

10. 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.
  • Use any resources for commercial purposes.

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.

11. Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation, including, without limitation, any laws regarding the export of data or software to and from the US or other countries.
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
  • To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
  • To submit false or misleading information
  • To transmit, or procure the sending of, any advertising or promotional material including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity, including, without limitation, by using email addresses or screen names associated with any of the foregoing.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Attempt to decompile or reverse engineer any software contained on the Company’s Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Use the Website on a computer that is used to operate nuclear facilities, life support, or other mission critical applications where life or property may be at stake.
  • Decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Website or any portion of it
  • Attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Website
  • Remove any copyright or other proprietary notations from the materials on the Website.
  • Access our Website in an attempt to build a similar or other competitive product
  • Otherwise attempt to interfere with the proper working of the Website.

    12. Monitoring and Enforcement; Termination

We have the right to:

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of the Website users(clients). YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY, IT’S AFFILIATES OR LAW ENFORCEMENT AUTHORITIES.

13. Links

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. The Company has not reviewed the sites linked to its Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Viva Phonics of the site. Use of any such linked web site is at the user’s own risk. The Company assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any such links or third parties referenced in the website. The Company has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites

14. 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.

15. Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

16. Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy, accessible at https://vivaphonics.com/privacy-policy/, and where applicable, our COPPA Policy, found at https://vivaphonics.com/coppa-compliance/. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

17. Online Purchases and Other Terms and Conditions

All purchases through our site or other transactions for the sale of services or information formed through the Website, or resulting from visits made by you, are governed by these Terms of Use. Additional terms and conditions may also apply to specific portions, services, or features of the Website which may be explained in a given product or service. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

18. Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part of any such link or post. This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to this Website.
  • Send emails or other communications on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice at our discretion.

19. Geographic Restrictions

The Service is controlled, operated and administered by Viva Phonics from our offices within the USA. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with 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.

20. Disclaimer of Warranties

We strive to provide the best possible service to all students we serve. 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.You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

Your use of the website, its content, and any services or items obtained through the website is at your own risk. The website, its content, and any services or items obtained through the website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither Viva Phonics nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the website. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

21. Limitation on 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. THE TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO YOUR PLAN WILL NOT EXCEED THE AMOUNT YOU PAID FOR YOUR PLAN.

The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

22. Indemnification

You agree to defend, indemnify, and hold harmless Viva Phonics , its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

23. Termination

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).

24. Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the state of Virginia without giving effect to any choice or conflict of law provision or rule, whether of the state of Virginia or any other jurisdiction.

25. Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

26. Entire Agreement

The Terms of Use, our Privacy Policy and any additional terms specific to a given product or service on the website constitute the sole and entire agreement between You and Viva Phonics regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

27.Your Comments and Concerns

This website is operated by Viva Phonics.

All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: angelica@vivaphonics.com