RYANKIND, INC. WEBSITE TERMS AND CONDITIONS OF USE PHONICSINMOTION.COM Updated: December 1, 2020 Welcome to Phonicsinmotion.com! These Terms of Use (“Terms”) are between you (“you” or the “User”) and RYANKIND, INC., doing business as Phonics in Motion™ (“RYANKIND,” “we,” “our” or “us”), and describes the legal relationship between RYANKIND and you and governs your use of Phonicsinmotion.com (“Website”). These Terms apply to all Users who license our products and those who merely browse the Website. By using the Website, you acknowledge that you have read and understood these Terms and agree to be bound by the Terms. 1. Changes to These Terms. We may revise or update these Terms from time to time. All changes are effective as soon as they are posted. Your continued use of the Website following the updating of Terms constitutes your acceptance and agreement to be bound by the updated Terms. 2. Use of the Website. As a condition of your use of the Website, you warrant that:
  • You are at least 18 years of age or of legal age to form a binding contract with RYANKIND;
  • You possess the legal authority to create a binding legal obligation;
  • You will use this Website in accordance with these Terms of Use;
  • All information supplied by you on this Website is true, accurate, current, and complete; and
  • If you have an account with us, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.
We retain the right at our sole discretion to deny or revoke access to anyone to this Website and the services we offer, at any time and for any lawful reason, including, but not limited to, for violation of these Terms of Use. 3. Website Standards. You agree to comply with all applicable federal, state, local, and international laws and regulations when using the Website. You may not impose an unreasonable or disproportionately large load on our infrastructure; use any device, software, computer code, or virus to interfere or attempt to disrupt or damage the Website; decompile, reverse engineer, modify, or disassemble any of the software on the Website. You agree to cooperate with us to prevent any unauthorized hacking of the Website or unauthorized use thereof. You may not exploit software errors to manipulate the system. You may not use this Website to publish, disseminate, or submit any defamatory, offensive, or illegal material. If your account shows signs of fraud, abuse, or suspicious activity, we may cancel any account associated with your name or email address. If you have engaged in fraudulent activity, we reserve the right to take any necessary legal action and you may be liable for monetary losses to us, including litigation costs and damages. 4. Collection and Use of Your Information. All information we collect through or in connection with the Website is subject to our Privacy Statement, which can be accessed at https://phonicsinmotion.com/privacy-policy and is incorporated into these Terms of Use by reference. 5. Intellectual Property. The content on the Website, including all text, graphics, logos, button icons, images, audio clips, video clips, products, software, trademarks, copyrighted information, or any other material displayed on or contained within the Website (collectively, the “Content”), and the collection, arrangement, and assembly of the Content, is the property of RYANKIND or its third-party licensors. You do not have nor does your use of the Website give you any ownership interest in the Content of the Website. Any use of the Content that is inconsistent with the Website’s purpose, including the reproduction, modification, distribution, transmission, republication, display, or performance, is strictly prohibited. RYANKIND respects the intellectual property of others. If you believe that your work has been copied in a way that violates your rights, please provide us the information necessary to evaluate your claim and respond appropriately. 6. Other Sites.  RYANKIND uses PayPal, Inc. (“PayPal”) for payment processing services. By using the PayPal payment processing service, you agree to the PayPal Services Agreement available at https://www.paypal.com/us/webapps/mpp/ua/useragreement-full. RYANKIND also uses Stripe, Inc. (“Stripe”) for credit card processing services. By using the Stripe payment processing service, you agree to the Strip Service Agreement available at https://stripe.com/ssa. RYANKIND makes no representations whatsoever about any other Internet website which you may access through RYANKIND’s Website. Some websites linked to us are owned and operated by third parties, such as, but not limited to, Facebook, YouTube, Instagram, and Twitter. Because we have no control over those websites and resources, we are not responsible or liable for the availability of those external websites or resources, and we do not screen or endorse them. We are not responsible or liable for any content, advertising, services, products, or other materials on or available from third-party websites or resources. We are also not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any third-party content, goods or services available on or through any third-party website or resource. If you decide to access any third-party website, you do so entirely at your own risk and subject to any terms and conditions and privacy policies posted on those sites. 7. Disclaimer of Warranties and Limits on Liability. Despite our best efforts, information on the Website may contain technical inaccuracies or typographical errors. We reserve the right to change or update the information on the Website, including, but not limited to, the pricing or descriptions of our products, without notice. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS, WITH ALL FAULTS AND DEFECTS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE ACCURACY OF INFORMATION, INCLUDING PRICING INFORMATION, OPERATION OF THE WEBSITE, OR ANY HYPER-LINKED WEBSITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RYANKIND DOES NOT GUARANTEE THE ACCURACY OF INFORMATION RELATING TO THE DESCRIPTION OF THE PRODUCTS DISPLAYED ON THIS WEBSITE. RYANKIND WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING FROM YOUR ACCESS TO, OR USE OF, THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF INFORMATION, BUSINESS INTERRUPTION, REVENUE, OR GOODWILL, WHICH MAY ARISE FROM ANY PERSON’S USE, MISUSE, OR INABILITY TO USE OUR SERVICES OR ANY OF THE MATERIALS CONTAINED THEREIN, EVEN IF WE HAVE BEEN ADVISED OF THE PROBABILITY OF SUCH DAMAGES. THIS IS FOR ANY MATTER ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE. WITHOUT LIMITATION TO THE FOREGOING, RYANKIND MAKES NO REPRESENTATION OF ANY KIND THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR WEBSITE, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED, THAT THE INFORMATION THEREIN WILL BE SUITABLE FOR YOUR NEEDS, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE INCLUSION OF ANY PARTICULAR PRODUCT OR SERVICE ON THE WEBISTE DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICE BY RYANKIND, EXCEPT FOR THE SERVICES AND PRODUCTS DIRECTLY CREATED BY RYANKIND. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. 8. Indemnification. You agree to defend, indemnify, and hold harmless, RYANKIND and its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your acts or omissions. We will promptly notify you by electronic mail of any such claim or suit and cooperate fully (at your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or defense at our own expense, and choose our own legal counsel, but are not obligated to do so. This indemnification will survive any termination or discontinuation of the operation of the Website. 9. Applicable Law. RYANKIND created and controls the Website in the State of Ohio. The Website, and all terms and conditions applicable to the Website, including these Terms, will be interpreted by Ohio law, without regard to its conflicts of laws rules. The exclusive venue and jurisdiction for the resolution of all disputes between the parties will be the state or federal courts located in Cuyahoga County, Ohio. Any action for a breach of contract or other claim arising out of the parties’ business relationship must be commenced within one year after the cause of action has accrued. 10. Severability. If any part of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision in the future. 11. Notices. All notices should be sent to support@phonicsinmotion.com. All other comments relating to the Website should be directed to support@phonicsinmotion.com. 12. Force Majeure. We will not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; epidemics, pandemics, war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server, or software, for so long as such event continues to delay our performance. 13. Assignment/Delegation. You may assign/ transfer rights and/or delegate duties/obligations hereunder only with the prior written consent of RYANKIND which may be withheld in its sole discretion.