Welcome, these are the Terms and Conditions of Service (the “Terms”) for the website intergalacticliteracy.com (the “Site”), including its sub-domains and its mobile optimized versions. These Terms shall be supplemented by our Privacy Policy and our other guidelines, terms and policies made available by us from time to time, all incorporated herein by reference.

Tanya Baker has over 20 years of experience, with a background in elementary education, special education and remedial methodology (hereinafter referred to as “Intergalactic Literacy”).

Acceptance

If you continue to browse and use this Site, you hereby acknowledge and agree to be bound by these Terms.  These Terms, along with our Privacy Policy, will govern Intergalactic Literacy’s relationship with you in relation to the Site and any security products and services offered.  The Services include, but will not be limited to: unique resources for classroom teachers, tutors, and homeschooling parents. Overall, your access to the Site is only offered for your individual use, and not for the use or benefit of any third party you may represent.

Updates

Intergalactic Literacy reserves the right to terminate, update or otherwise modify the Services and Site, at any time and without notice. Any changes to these Terms will be displayed in the Site, and we may notify you through the Site or by email.

Account

In order to use part or all of the functionalities and Services provided via the Site, you may need to register for an account. You are solely responsible for the activity that occurs on your account and for keeping your password secure and confidential. In order to register and create an account with us, you will need to provide your name, email and other information. You shall not disclose your user credentials to any third party. If you suspect any unauthorized or fraudulent use of your account, please notify us immediately. You must inform us of any changes to the information of your account.

Orders

The digital products offered via the Site are either developed by us or by our authorized third parties. As such, Intergalactic Literacy hereby reserves the right to discontinue them or change their specifications and to update their prices and characteristics, at any time. Intergalactic Literacy will undertake its reasonable commercial efforts to ensure that the quoted prices and descriptions are correct, but Intergalactic Literacy cannot fully guarantee such information.

Once payment clears, we will proceed to authorize the download. Depending on your place of residence, Intergalactic Literacy may collect taxes on orders, and you will be able to review them before placing your final order. If we are charging taxes based on erroneous geographical information of yours, please contact us to solve the matter.
Due to their own nature, there is no refund for downloadable, digital products.

License

License terms for individual products will in effect once you download or otherwise have first access to them. Intergalactic Literacy hereby grants you a limited, non-exclusive, revocable and non-transferable license to use our digital products, under these terms, conditions and restrictions.

Your license for our sold digital goods is limited in extent so that the purchased digital goods may only be used for educational purposes. You are prohibited from commercially redistributing, reselling, modifying or otherwise using our products and Services, in whole or in part.

Prohibited Activities

As our user, you agree to not undertake, motivate, or facilitate the use or access of the Site, our products and our Services in order to:

1. Infringe these Terms, or allow, encourage or facilitate others to do so.

2. Plagiarize and/or infringe the intellectual property rights or privacy rights of any third party, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.

3. Distribute, post or otherwise make available any content that: (i) enables any act that could promote or cause discrimination, racism, harm, libel, hatred or violence against any individual or group; (ii) endangers children and underage persons; and/or (iii) is or may constitute a criminal or capital offense or otherwise infringes any applicable law.

4. Collect, receive, transfer or disseminate any personally identifiable information of any person without due consent from the title holder.

5. Purchase our products with the intent to resell, sublicense or commercially exploit them.

6. Upload infringing, false, duplicated, altered or otherwise misleading purchase information.

7. Use any automated or manual process to obtain, copy, process, access and/or use our Services or any part therefrom to capture unauthorized data or content, for any purpose.

You also acknowledge and accept that any violation of the aforementioned provisions may result in the immediate termination of your access to the Site, our products and our Services, without refund on our part.

Parental Notice

Intergalactic Literacy does not provide its Services to persons under the age of eighteen (18). All of our users are prohibited from providing us with personally identifiable information of persons under the age of thirteen (13).

Ownership

The trademarks, copyright, service marks, trade names and other intellectual property rights and proprietary notices displayed on the Site and/or the Services are the property of –or otherwise are licensed to– Intergalactic Literacy or its licensors or affiliates, whether acknowledged (or not), and which are protected under intellectual and proprietary rights in Canada and the United States of America and other applicable jurisdictions throughout the world. Respective title holders may or may not be affiliated with us or our affiliates, partners and advertisers. No section hereof shall be construed as intent to grant to you any right transfer or interest in the Site and/or the Services, in whole or in part.

For ease of understanding, ‘intellectual property rights’ shall mean any and all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of Canada and the United States of America and other applicable jurisdictions.

Third party links and advertising

From time to time, our Site and Services may contain hyperlinks to other websites. These links are for your personal convenience and to provide you with further information which may be of interest to you. The provision of such links does not imply any endorsement of such third party websites (or their products and services).

From time to time, we may place ads and promotions from third party sources in the Site. Accordingly, your participation or undertakings in promotions of third parties other than Intergalactic Literacy, and any terms, conditions, warranties or representations associated with such undertakings, are solely between you and such third party. Intergalactic Literacy is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third party advertisers on the Site.

User Privacy

By disclosing any information to us, you agree to the terms of our Privacy Policy, including the terms for the collection, process, storage and disclosure of such personally identifiable information, including to our affiliates, partners and clients. We will ask for your express consent, including for inclusion into our newsletters, updates, and follow ups. For more information, please read our Privacy Policy.

No Warranty

To the fullest extent permissible under applicable law, the Services and the Site is provided to you “as is”, with “all faults” and “as available”, with all faults, without warranty of any kind, without performance assurances or guarantees of any kind, and your use is at your sole risk. No oral or written advice provided by Intergalactic Literacy, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representative, shall create any implied warranty. The entire risk of satisfactory quality and performance resides with you. Intergalactic Literacy, and its affiliates, clients, agents, officers, licensors and/or distributors, do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom, usage of trade, course of dealing or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, operation, integration, adequacy, suitability, title, non-infringement, non-interference with use and/or enjoyment. Neither Intergalactic Literacy, nor its affiliates, subsidiaries, officers, employees and agents warrantee that the Site will be error-free, uninterrupted, secure, or produce any particular results. No advice or information given by Intergalactic Literacy or its employees, affiliates, contractors and/or agents shall create a guarantee.

Disclaimer of Damages

In no event shall Intergalactic Literacy, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use or malfunction of the Site, our products and/or our Services, including but not limited to, loss of revenue, profits, business, loss of use or lack of availability of computer resources, lost or corrupt data, re-procurement amount, anticipated savings, wasted expenditure, or other commercial or economic loss; or for any indirect, incidental, special, punitive, aggravated, exemplary, or consequential damages whatsoever arising out of or related to the Site, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not Intergalactic Literacy, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages.

Limitation of Liability

In no event, shall Intergalactic Literacy’s, or its affiliates’, clients’, licensors’ and/or distributors’ liability for all damages (except as required by applicable law) exceed; (i) the actual price paid by you for the license and/or use of the digital goods sold and/or our Services in the twelve (12) months preceding the claim; or (ii) the amount of USD$100.00 (One Hundred United States Dollars); whichever results less; and henceforth any award for direct, provable damages shall not to exceed such total amount.

These Terms provide you specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction. Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. This limitation of liability shall not be applicable solely to the extent that any specific provision of this limitation of liability is prohibited by any federal, state, or municipal law, which cannot be pre-empted.

Indemnification

Indemnification by You. You shall indemnify, hold harmless, and defend Intergalactic Literacy, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representatives, and the officers, directors and employees of each (jointly, the “Intergalactic Literacy’s Indemnitees”) from and against any and all third party liabilities, claims, causes of action, suits, losses, damages, fines, judgments, settlements and expenses (including any and all reasonable outside attorneys’ fees and court costs) which may be suffered, made or incurred by any of such Intergalactic Literacy’s Indemnitees arising out of or relating to: (i) any breach of any warranties, representations and/or covenants made by you hereunder (to the extent not arising substantially from any breach hereof by Intergalactic Literacy); and/or (ii) any third party claim arising out of your use thereof of our Site, our products or our Services in combination with your business and educational platform.

Generals

Assignment. These terms will inure to the benefit of any successors of the parties.

Export Controls. You will comply with all applicable export laws and restrictions and regulations of the US Department of Commerce or other United States or foreign agency or authority, and you will not use the Services to export, or allow any export or re-export in violation of any such restrictions, laws or regulations.

Force Majeure. Intergalactic Literacy shall not liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond Intergalactic Literacy’ reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure.

Language. These Terms may be translated into other languages, but English shall be and remain the official language of this agreement and in any conflict between the English language version and any other version, the English language version shall control.

No Waiver. Failure by Intergalactic Literacy to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.

No Relationship. You and Intergalactic Literacy are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms will remain in full force and effect.

Payments. From time to time, we may use third-party payment processors in order to bill you for any fees and Services provided through the Site. The processing of payments will be subject to the fees, terms, conditions and privacy policies of such payment processors. Intergalactic Literacy is not responsible for any and all errors by the payment processors.

Waiver of Class Actions, Non-Individualized Relief. You acknowledge and accept that claims brought against Intergalactic Literacy shall be only on an individual basis and not as a plaintiff or class member in any possible future class or representative action or similar proceeding. Unless otherwise agreed by you and Intergalactic Literacy, you may not adjoin or consolidate any claim with more than one person’s; and you may not otherwise supervise or take over any form of a class, representative or consolidated proceeding.

Applicable Law. Your use of this Site and any cause of action, claim and/or dispute that might arise between the parties hereon, shall be subject to the laws of the British Columbia, Canada, without regard to conflict of law principles.

Forum. You agree that any dispute arising from or relating to these Terms will be heard solely by a court or tribunal of competent jurisdiction in or nearest to Gabriola Island, British Columbia, Canada. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorney’s fees, court costs, and disbursements in doing so. You agree that the unsuccessful party in any dispute arising from or relating to these Terms will be responsible for the reimbursement of the successful party’s reasonable attorney’s fees, court costs, and disbursements.

Contact

If you have any questions or queries about us, our Site, our Services or these Terms, please contact us at info@intergalacticliteracy.com and as indicated in our contact page: www.intergalacticliteracy.com/contact.

Date of last effective update is November 1, 2018.