Last modified: 10.13.2021 update to 1.2. Annual Memberships
These Terms & Conditions (these “Terms”) are a binding agreement between you and Savvy Education, Inc. (“Savvy,” “we,” or “us”). Please review these Terms carefully before using the Savvy website (the “Site”) and all related applications, software, and services (together, and collectively with the Site, the “Service”). By using the Service in any way, including, but not limited to visiting or browsing the Site, you agree to be bound by these Terms without modification.
1. Membership & Enrollment.Other than browsing the Site, only registered members of Savvy (each, a “Member”) may use the Service. As a Member, you may not allow third parties to access the Service using your account. You are personally responsible for any use of the Service through your account, whether by you or a third party.The Service is a membership service that is billed on a monthly basis. You will be billed every 30 days as long as you continue to be a member. We offer two types of membership plans: Flexible Memberships (month-to-month) and Annual Memberships (yearly). You may cancel your membership directly through your account profile, or by contacting the Savvy Reading support team, subject to the conditions set forth in Sections 1.1 and 1.2
1.1. Flexible Memberships. If you have a Flexible Membership, you must cancel your membership to stop the billing process. To avoid additional monthly charges, you must cancel your membership no later than 1 day before the start of the next month of classes. If you do not cancel at least 1 day before the start of the next month of classes, you will be charged at the regular monthly rate. If you cancel your Flexible Membership after a month begins, you will be charged for that month and then will be removed from future classes and billings.
1.2. Annual Memberships. If you register for an Annual Membership, you commit to a minimum of 12 months of service. At the end of the initial 12-month contract period, your membership becomes a Flexible Membership (month-to-month) unless you renew your Annual Membership.
If you cancel your Annual Membership during the first 30 days of the membership period, we will charge you the difference between the Flexible and Annual rates for one month plus a $25 cancellation penalty. If you cancel your Annual Membership during the initial 12-month contract period, but after the first 30 days of the membership period, we will charge you the lesser of (a) the remaining amount due for your 12-month contract, or (b) the difference between the Flexible and Annual rates for every month you have used the service under your Annual Membership plus a $25 cancellation penalty. You can cancel your membership at any point after the 12-month minimum contract period has ended as set forth in Section 1.1.
2. Intellectual Property.2.1. Content. For purposes of these Terms, “Content” includes, without limitation, any tools, services, advertisements, advice, suggestions, videos, audio clips, written comments, information, data, text, photographs, software, scripts, graphics, interactive features, and any other media generated, provided, or otherwise made accessible by Savvy, its content providers or other partners, or other Members.
2.2. Ownership of Materials. Content is provided by Savvy unless indicated otherwise. All Content is the property of Savvy or its indicated owner and is protected by federal and international intellectual property laws and treaty provisions. You must abide by all intellectual property notices, information, and restrictions contained in any such Content. You may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, display in frames, link to, or otherwise commercially exploit any Content (i) without the express written consent of the respective owners, and (ii) in any way that violates the rights of any third party.
2.3. Trademarks. “Savvy,” “Savvy Reading,” “Make Reading Your Child’s Super Power,” “Pax Panda,” “Tessa Tiger,” “Rex Rhino,” “Flora Fox,” and other trademarks and service marks used in connection with the Service are trademarks and service marks of Savvy.
2.4. Use License. Unauthorized use of Content or information made available through the Service may violate patent, copyright, trademark, and other laws. Your use of the Service and Content is pursuant to a limited-use license (“License”), not a transfer of title, and is subject to the following restrictions:
2.4.1. You may not modify Content or use it for commercial purposes or for public display, performance, sale or rental;
2.4.2. You may not decompile, reverse engineer, disassemble or make derivative works of Content;
2.4.3. You may not remove confidentiality, privacy, patent, copyright, trademark or other proprietary notices from Content;
2.4.4. You may not transfer Content to another person or entity in manners inconsistent with these Terms and other Savvy policies.
2.4.5. You may not facilitate or permit unauthorized copying of Content or information made available by the Service.
2.5. Termination of this Use License. Savvy may terminate your License at any time and without notice if you breach these Terms. You agree that upon termination of your License you will immediately (a) stop using the Service, and (b) destroy all Content in your possession, if any.
4. Audio/Video Recording.You acknowledge and agree that we may record teaching sessions delivered through the Service, and that such recordings may include both audio and visual information, which may include Personal Information.
5. Refunds; Scheduling.Refunds will not be issued once a membership period begins.We reserve the right to reschedule or cancel any course. Factors outside of Savvy’s control may affect class schedules. In such events, we do our best to schedule a convenient make-up class; however, we cannot guarantee a make-up session will be scheduled or that the make-up will fit the schedule of every student.
6. No Solicitation.By becoming a Member, you agree that you will not solicit for employment, hire, or engage as an independent contractor, or permit any organization directly or indirectly controlled by you to solicit for employment, hire, or engage as an independent contractor, any coach or other person employed or engaged as a contractor by Savvy at any time during the term of any Savvy membership you purchase and for a period of six months thereafter. Any additional services desired of a Savvy coach, employee, or contractor may be requested through emailing email@example.com.
7. Age Limits.The Service is intended for readers in grade levels K–2nd grade. Readers may enroll in any Savvy program level, regardless of age or grade, as long as they confirm their individual needs with Savvy.8. Warranties, Disclaimers, and Liability.
8.1. General Disclaimers. Savvy provides the Service (including, without limitation, the Site and Content) “as is” without warranty of any kind, express or implied. To the fullest extent permitted by law, Savvy hereby disclaims all warranties, express, implied, statutory or otherwise, whether oral or written, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. Without limiting the foregoing, Savvy and its directors, employees, agents, suppliers, partners and content providers do not warrant that: (a) the Site or the Service will be secure or available at any particular time or location; (b) any defects or errors can or will be corrected; (c) any Content or software available at or through the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements. Your use of the Site and Service is solely at your own risk.
8.2. Limitation of liability. If, notwithstanding the other provisions of these Terms, Savvy should have any liability to you or any third party for any loss, harm or damage, you and Savvy agree that such liability will under no circumstances exceed $50.00. You and Savvy agree that the foregoing limitation of liability is an agreed allocation of risk between you and Savvy. You acknowledge that absent your agreement to this limitation of liability, Savvy would not provide the Service to you.
8.3. Indemnification. You agree to defend, indemnify, and hold harmless Savvy, its affiliates, employees, officers, agents, managers, members and successors and assigns from all damages and liability including, without limitation, reasonable attorneys’ fees, incurred as a result of (i) your breach of these Terms, (ii) your unauthorized or unlawful use of the Service, or (iii) the unauthorized or unlawful use of the Service by any person using your account.
9. Miscellaneous Provisions.
9.1. Notice. Savvy may give notice required or permitted to be given hereunder via email to the email address linked to your account or a post on the Site and will be effective immediately. You are responsible for ensuring that the email address linked to your account is valid and up to date.
9.2. Entire Agreement; Amendment. These Terms and any documents incorporated herein constitute the entire agreement between you and Savvy with respect to the subject matter hereof. Savvy reserves the right to amend the provisions of these Terms at any time, provided that Savvy will notify you of any such amendment by email or by notice posted on the Site.
9.3. Governing Law; Venue. These Terms will be governed and construed under the laws of the State of Utah, without regard to its conflict of laws provisions or the United Nations Convention on the International Sale of Goods. The parties irrevocably consent to the exclusive jurisdiction of the state and federal courts located in Salt Lake County, Utah. All disputes and/or legal proceedings related to these Terms will be maintained in courts located in Salt Lake County, Utah.
9.4. Waiver/Severability. The waiver or failure of Savvy to exercise any right in any respect provided for herein will not be deemed a waiver of any further right hereunder. If any provision of these Terms is determined to be invalid or unenforceable under any applicable statute or rule of law, it is to that extent to be deemed omitted, and the balance of these Terms will remain enforceable.9.5. Assignment. Savvy may assign these Terms, in whole or in part, in its sole discretion. You may not assign your rights under these Terms without Savvy’s prior written permission. Any attempt to assign your rights under these Terms without Savvy’s permission will be void.9.6. Headings. The headings of articles and sections contained in these Terms are for reference purposes only and will not affect in any way the meaning or interpretation of these Term
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