The Wordy Birds Lesson Pack
“Company”, “We”, “I”, “Our”, or “Us” means Wordy Birds, LLC.
“Participation”, “Participating”, “Using”, or “Use” means reading, implementing, trying, or otherwise engaging in the Program.
“Program” means The Wordy Birds Lesson Pack.
“You” or “Your” means the purchaser and person using the Program.
By participating in the Program, you understand that Kimberly Manes is a licensed general education teacher in the state of Minnesota, holds an MSEd in Education, and is an Orton Gillingham Certified Teacher. You understand that she is not a Special Education Teacher, and any concerns relating to the special education needs your child may have will need to be addressed with their general education teacher, case manager, or family doctor. Kimberly Manes has not promised, nor shall she be obligated to: (1) act as a case manager by providing educational diagnoses, and/or (2) assist anyone with a serious learning condition to resolve, manage, or improve that condition. You understand that Kimberly Manes and Wordy Birds, LLC does not guarantee any outcome resulting from the purchase of The Wordy Birds Lesson Pack.
This Program is for informational and educational purposes only. The information and education provided in this Program is not intended or implied to supplement or replace the professional advice of an attorney, accountant, educational, and/or financial advisor. You should consult with a professional in those areas (financial, legal, accounting, etc.) in person with someone where you live or work to discuss issues or questions pertaining to your particular legal, financial, educational, or business situation.
Although we do our best to make sure all of the Program’s content is up to date and/or accurate, we do not make any representation that all the information is accurate or free of errors at all times. We do not assume any responsibility for accuracy of the Program’s information, or its safety or efficacy as it applies to you.
4. Assumption of the Risk
You should use your best judgment in using the information provided in the Program, which is done at your own risk. It is your responsibility to discern the risk of using the Program or its content. You assume responsibility for your actions, choices, or lack thereof, related to the Program.
5. Intellectual Property Ownership:
The Program and its content, including, but not limited to, The Wordy Birds Lesson Pack Videos, worksheets, handouts, and ongoing communication are intellectual property owned by Kimberly Manes and Wordy Birds, LLC. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.
Any use of the Company’s intellectual property may not be used in connection with the sale or distribution of any product, program, and/or service by you, directly or indirectly, without the prior written consent of Wordy Birds, LLC.
Misappropriation or unauthorized use of the Company’s intellectual property and/or trade secrets may result in the enforcement of an infringement and/or intellectual property theft action against you in an effort to recover damages and/or protect our intellectual property rights. The Company reserves the right to pursue an action for misappropriation, theft, or improper use of its intellectual property by the Purchaser, the Purchaser’s representatives, assigns, contractors, employees, or acquaintances.
6. No Sharing:
You may not share your password or login information with anyone. If you share your password or login with anyone who did not purchase the Program, you will be removed from the Program immediately and no refund will be issued.
7. No Claims Made Regarding Results:
Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each person and their circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.
We don’t make any assurances as to any particular education-based outcome based on the use of or participation in the Program. We are not responsible for the success or failure of your business, family, test scores, acceptance status, or any other result of any kind that you may have as a result of your participation in the Program.
8. DISCLAIMER - No Warranties, Guarantees, or Representations Are Being Made:
We do not offer any representations, guarantees, or warranties, of any variety, regarding the Program in any way including, but not limited to, your future income, test scores, potential, profitability, or losses derived as a result of your use of the Program. The Program is offered “AS IS” and without representations, guarantees, or warranties of any kind, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, neither express nor implied, to the extent permitted by law. We are not liable for damages of any kind related to your use of the Program.
9. Your Release of Us, Indemnification, Hold Harmless:
To the fullest extent permitted by law, Wordy Birds, LLC expressly disclaims liability for any direct, indirect, and/or consequential damages suffered by you related to your purchase or use of, or participation in, the Program, its materials, our website, or any other information obtained by you from us. By enrolling in the Program, you hereby agree to this limitation of liability and release Wordy Birds, LLC from any and all claims.
By enrolling in the Program, you agree to release us from any and all claims, and further agree to at all times defend, indemnify, and hold harmless Wordy Birds, LLC as stated in this section herein.
10. Our Refund Policy:
a. NO REFUNDS:
We will do everything within our ability (and within reason) to ensure your satisfaction. Due to the downloadable nature of the Program, refunds will not be issued for the Program once it is purchased. If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email Kimberly Manes at [email protected].
b. NO CHARGEBACKS:
The Client will not, under any circumstances, issue or threaten to issue any chargebacks to the Company or to the Client’s credit card and/or form of payment (ie, Stripe) for any reason whatsoever related to the Program. In the event of a chargeback, the Company reserves its right to report it to the credit bureaus as a delinquent account.
11. ARBITRATION CLAUSE:
If you have any complaint or should any issue arise in the use of the Program, please contact us directly first by emailing Kimberly Manes at [email protected].
However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Kimberly Manes + Wordy Birds, LLC shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.
By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 5 miles of Pittsburgh, Pennsylvania.
If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of Pennsylvania. The only award that can be issued to you is a refund of any payment made to Wordy Birds, LLC for the applicable Program. You are not permitted to seek additional damages, including consequential or punitive damages.
12. Limitation of Liability:
Kimberly Manes + Wordy Birds, LLC are not responsible or liable in any way for any and all damages you receive directly or indirectly from your participation in the Program. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) the Program or its content, due to any act, or failure to act, by you. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.
13. PAYMENT, PURCHASE, AND PAYMENT PLAN TERMS
a. General Payment Terms:
When you pay for the Program by credit card, you authorize and give permission to Wordy Birds, LLC to charge your credit or debit card for the amount owed for payment of the Program. When you purchase the Program, your information (i.e. credit card and contact info) may be collected by the third-party merchant ie, Stripe, Kajabi, etc. (depending on the payment method you choose at checkout), who may have privacy policies or security practices that are different than ours. Wordy Birds, LLC is not responsible for the merchant’s independent policies or practices.
b. Payment Plan Terms / Failed Payment Procedures:
Should you choose to purchase the Program via one of our payment plan options at checkout (hereinafter the “Payment Plan”), you are hereby consenting to your credit card being automatically charged 30 days apart for 3 months to complete your total payment.
If you choose the Payment Plan to purchase the Program, you hereby authorize and give permission to Wordy Birds, LLC to automatically charge your credit card, debit card, Stripe, or PayPal account, as payment for the Program, for which you will receive an electronic receipt, at the time and interval in which payment is due without any additional authorization from you.
We will not contact you to seek any additional authorization, approval, or permission before charging your card for each installment of the Payment Plan.
By choosing the Payment Plan, you agree and understand that ALL monthly payments are owed in full. There are no exceptions. No refund requests or stop payments will be granted or accepted.
c. Failed Payment Plan Payments / Re-charge procedures:
By signing up for the payment plan, your card will automatically be re-charged 30-days apart for your remaining payments. Please plan accordingly.
If your payment-plan payment fails on the 1st attempt:
In the event that your Payment Plan payment is not successfully made on your due date, your credit card will automatically be re-charged after a 3-day grace period to make your payment for the Program.
If your card was accidentally not updated or available to be processed at the time we attempted the initial charge, you’ll have that 3-day grace period to update your card information without any penalty or losing access to the Program.
After 2nd failed payment:
Your access to the Program will be temporarily suspended, and you will not be able to access the Program at all until you successfully complete your payment. We will attempt to re-charge your credit card in 3-days.
3rd and final attempt to make payment:
The 3rd attempt is the final attempt to collect your payment before the matter is forwarded to collections. If the 3rd payment fails, you will be permanently removed from the Program and no refund will be given.
When choosing the payment plan options, you consent to being responsible for ALL payments owed under the Program terms.
15. Entire Agreement
16. Choice of Law + Venue