The content of the pages of this website is for Visitor's general information and use only. It is subject to change without notice.
1. DISCLAIMER OF LIABILITY AND WARRANTIES- "AS-IS":
All Emotional ABCs® Programs, Materials and Content on this website are provided "AS IS," AS-AVAILABLE," "WITH ALL FAULTS," and are used entirely at Visitor's sole risk. Company shall not be liable for any damages or injuries, direct, consequential or otherwise, arising out of any use of this website. It shall be Visitor's own responsibility to ensure that any products, services or information available through this website meet Visitor's specific requirements.
Company makes no guarantees, representations or warranties of any kind, and disclaims all liability for any direct, consequential or incidental loss or damage directly or indirectly resulting from use of or reliance on the information contained in the Emotional ABCs® Program, Materials and Content. No express or implied warranties of merchantability or fitness for a particular use, non-infringement, title, custom, trade, quiet enjoyment, or system integration are made, and any such warranties are expressly disclaimed to the extent permitted by law.
Company further disclaims any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information or materials found or offered on this website for any particular purpose. Visitors understand and acknowledge that such information and materials may contain inaccuracies or errors and that Company expressly disclaims liability for any such inaccuracies or errors. Company further disclaims any liability for any loss of profits, goodwill, use, data, the cost of procurement of substitute goods, on authorized access to, or alteration of Visitor data, business interruption, damage to Visitor's computer or loss of data resulting from downloads or use of the website or Emotional ABCs products. Company further disclaims that the website, Materials and Content or servers making the website available are free from any harmful components (including viruses, Trojan horses or other technology) that could adversely affect Visitor's Internet Device.
2. COPYRIGHTS, TRADEMARKS, PROPRIETY RIGHTS:
This website contains material which is owned by or licensed to Company. This material includes, but is not limited to, the design, layout, look, appearance, graphics, artwork, text, photography, animation, etc. Any unauthorized reproduction in whole or in part or any website content or material is prohibited under U.S. copyright law. "Emotional ABCs®", the "Moody℠" name, design and character, "Pause, Rewind, and Play℠" words and design, and the look and feel of the Emotional ABCs web site and products are the exclusive trademarks and trade dress of Emotional ABCs, Inc. (hereafter "Company"). Company is also the sole and exclusive owner of all copyrights and other rights in and to all artwork, text, photography, design and other content embodied in Company's products, publications, packaging and web site (hereafter "Materials and Content").
Visitors acknowledge and agree that all content, software, products and materials available on Company's website are protected by Company's copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Company, Visitors agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such Materials and Content. Notwithstanding the above, Visitors may print or download one copy of the Materials and Content available on Company's web site on a single computer for Visitor's personal, non-commercial use, provided Visitors keep intact all trademark, copyright and other proprietary notices. Further, users may post their Certificates, if they want to at the end of each Unit, or post pictures of the Moodys℠ they have drawn to Visitor's personal Facebook, Instagram, Pinterest, or Twitter pages, or to any other links to sharing or other sites offered by Emotional ABCs®.
No commercial use, sub-licensing, sub-publishing, or other use whatsoever of any Company Materials or Content, including Visitor's drawings or renderings of Moodys℠ or other related Company Materials and Content is permitted. All rights in and to Company's trademarks and Materials and Content is expressly reserved to Company. Systematic retrial of data or other content from Company's website to create or compile, directly or indirectly, a collection, compilation, database or directory without a written license from Company is prohibited. In addition, use of the Materials and Content for any purpose not expressly permitted in these Terms is prohibited.
Company's copyrights, trademarks, patents, trade secrets and other intellectual property, Materials and Content are protected by U.S. and international intellectual property laws and you agree to abide by them. Without Company's prior written consent, you may not download, copy or store such Company's content in any form and you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, or perform any of such Company's content. You agree that all data and algorithms in Company's flash files and associated servers are "trade secrets" as defined, without limitation, in the California Uniform Trade Secrets Act. You agree to comply with reasonable written requests from Company to help Company in protecting its proprietary and intellectual property rights in Emotional ABCs®. All intellectual property rights in Emotional ABCs® are, as between you and Company, the sole and exclusive property of Company.
3. NO UNAUTHORIZED USE:
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense. Visitors agree to comply with all local rules regarding online conduct and acceptable content, and laws, treaties and regulations regarding the transmission of technical data exported from the United States or the country in which Visitor resides. Software, products, Material and Content from this website is subject to United States export controls. No software from this website may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, Visitors represent and warrant they are not located in, under the control of, or a national or resident of, any such country or on any such list.
4. WIRELESS AND DOWNLOADS:
Company's website may offer certain features and services that are available to Visitors via wireless Internet Devices (collectively, "Wireless Features"). Visitors' wireless carriers may charge standard messaging, data, and other fees, which may appear on Visitors' wireless bill or be deducted from Visitors' pre-paid balance. Visitors' carriers may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with Visitors' carrier or wireless Internet Device. Visitors agree that as to the Wireless Features for which the Visitor is registered, Company may send communications to Visitor's wireless Internet Device regarding Company or other parties. If Visitor has registered via the website for Wireless Features, then Visitor agrees to notify Company of any changes to Visitor's wireless number (including phone number) and update Visitor's account on the website to reflect the changes.
Any items that Company makes available for download or use from the website or Company's servers (the "Downloadable Items") will only be made available in areas intended to be accessible by Visitors over the age of 18. Downloadable Items are Company's copyrighted works. Visitors' use of the Downloadable Items may be governed by Additional Terms, which may be included with the Downloadable Items. Please carefully read any Additional Terms to determine the full extent of conditions governing the use of such Downloadable Items.
5. LINKS TO THIRD-PARTY SITES:
This website may include links to other websites. These links are provided for Visitor's convenience to provide further information. They do not signify that Company endorses the website(s). Company has no responsibility for the content of the linked website(s). Visitors that follow links to third party sites will leave Company's Emotional ABCs website and will no longer be subject to privacy, security and other features on Company's website. Any information, images, or other or content transmitted to, or posted on any such third party site may be viewed, copied, re-transmitted and otherwise used by other people. Visitors may not create a link to this website from another website or document without Company's prior written consent.
8. CHOICE OF LAW, ARBITRATION, NO CLASS ACTIONS, ATTORNEYS' FEES:
A. Governing Law. This Agreement is a contract for services, not for the sale of goods. The Uniform Commercial Code ("UCC") and the Uniform Computer Information Transaction Act ("UCITA"), or any similar legislation, shall not apply to this Agreement. Users from outside the United States agree that the United Nations Conventions on Contracts for the International Sale of Goods shall not govern this Agreement or the rights or obligations of the Parties hereto.
(i) Nature, Limitations, and Location of Alternative Dispute Resolution. In arbitration, as with a court, the arbitrator will resolve the submitted Dispute and can issue an award consistent with this Section. However, WITH ARBITRATION THERE IS NO JUDGE OR JURY, THE ARBITRATION PROCEEDINGS AND ARBITRATION ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. If an in-person arbitration hearing is required, you agree it will be conducted in Los Angeles, California. Visitor and Company will share 50%-50%, any administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules. Discovery will be permitted pursuant to the applicable arbitration rules. The arbitrator’s decision must consist of a written statement stating the disposition of each claim of the Dispute and must provide a statement of the essential findings and conclusions on which the decision and any award (if any) is based. Judgment on the arbitration decision and award (if any) may be entered into any court that has jurisdiction over the parties. You expressly agree and consent to the personal and subject matter jurisdiction of the state and Federal courts located in Los Angeles, California for this purpose. (ii) Small Claims Matters Are Excluded. Either of us may bring a qualifying claim of Disputes in small claims court.
C. Injunctive Relief. The foregoing provisions of this section will not apply to any legal action taken by us to seek an injunction or other equitable relief in connection with any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Site, any Content, and/or our intellectual property rights (including any we may claim that may be in dispute), operations, and/or products or services.
D. No Class Actions. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party.
E. Attorney's Fees. The prevailing party in any Dispute shall be entitled to recover its attorney's fees and costs, including costs of collection of any judgment or settlement and costs on appeal, in addition to any other relief or recovery obtained.
F. Time Limitations on Claims. Except for actions by Company for nonpayment or infringement of Company's intellectual property, no action regardless of form may be brought by either Party more than one (1) year after the claim or cause of action accrued.
9. SEVERABILITY; INTERPRETATION:
10. DMCA CONTACT:
Emotional ABCs® complies with the provisions of the Digital Millennium Copyright Act applicable to service providers. If you have any complaints with respect to material posted on Emotional ABCs website, you may contact our designated agent by email to Support[at]EmotionalABCs.com or at the following address:
3435 Ocean Park Blvd #107-259
Santa Monica, CA 90405-3300
You must include the following information in your complaint: a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of the material that you claim is infringing and where it is located on Emotional ABCs® Website; your mailing address, telephone number, and if available, email address; a statement by you that you have a good faith belief that the use of the material on Emotional ABCs® website is not authorized by the copyright owner, its agent, or the law; a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner; and an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed.
11. PAYMENT POLICY:
This Payment Policy is incorporated into the Emotional ABCs® Terms of Service, and applies to users who have purchased an Emotional ABCs® subscription or purchase plan to access Emotional ABCs® online, and to individuals whose payment details have been used to purchase the Emotional ABCs® services.
A. Subscription Plans and Payments
We offer many different types of individual plans, family, complimentary, teacher, class, and group plans. The pricing applicable to your account may vary depending on promotions, the type of subscription and the term you select at the time of purchase (e.g., individual, family, class, group plan, teacher, etc.). All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes due and payable. We may revise the pricing for the Emotional ABCs® or any item associated therewith at any time. Your subscription price applies for the full subscription term and is not subject to later price fluctuations, discounts or special offers. We do not provide price protection or refunds for existing subscribers in the event of a price drop or promotional offering for new subscribers. Some subscription plans renew automatically, as described below. Refer to your Account page if you have questions.
Our subscription plans are billed in one payment for the entire license term. If you purchase a monthly plan, you will be charged a nonrefundable fee for the full month’s payment each month at the originally contracted price; if you purchase a yearly plan, you will be charged a nonrefundable fee for the entire year at one time, etc.
We may, from time to time, modify, amend, or supplement our fees and fee-billing methods, and such changes shall be effective immediately upon posting in this Agreement or on the Emotional ABCs® website. If there is a dispute regarding payment of subscription or other fees, your Account may be terminated or suspended indefinitely without warning or notice in our sole discretion.
B. No Refunds
Emotional ABCs® does not offer any full or partial refunds even if your Account is cancelled, suspended or terminated for any reason. ANY SUBSCRIPTION OR OTHER FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART.
C. Automatic Renewals
All Emotional ABCs® subscriptions made online at Emotional ABCs®, except Complimentary, Teacher, and 1 year Premium Schools classroom plans, renew automatically using the payment details on file for your account. If you purchase a subscription with automatic renewal, you acknowledge and agree that we are authorized to use the payment information on file for the renewal fees.
By activating a subscription account, you agree that we may renew your subscription automatically for the same subscription term on the day after your previous subscription ends. For example: If you subscribe to a monthly plan on February 1st, your subscription will automatically renew on March 1st, April 1st, and so on. However, when a date does not occur in a month, your account will renew and be billed on the last day of that month. For example, if you activated a family account on January 31st, your next renewal and billing date will be on February 28th (or 29th in a leap year).
Monthly Cancellations: Subscriptions billed on a monthly basis may be cancelled at any time at least one full business day before your renewal date. If you cancel your monthly subscription, you will retain access to your services for the remainder of that month. If you do not cancel your subscription at least one full business day before your renewal date, we will renew your subscription for one more month.
D. Payment Information
By providing payment information to us, you warrant that the payment information is valid and in your name, or in the name of an individual who has authorized you to use their payment information for your subscription purchase.
You agree that you’ll provide accurate and complete payment info to us or the third-party payment provider used by us, and pay all fees and applicable taxes incurred by you or anyone using an account registered to you.
12. TEACHER ACCOUNTS:
Free Teacher Accounts may only be registered by an Adult currently employed (as a Teacher or full time School Counselor) by a school, school district, licensed childcare facility, or other fully licensed elementary educational institution or program in the United States for live in class instruction in a "brick and mortar" school. The Free Teacher Account is not available to "online" or "virtual" educational institutions of any type. To be eligible for a free Teacher Account, the Teacher (or fulltime counselor) must at all times during the subscription period be currently employed by the Educational Institution. The Teacher’s employment status must be independently verifiable, and the Teacher must only use or facilitate the use of the Teacher Account for students at the Educational Institution for which the Teacher has authorization. If a Teacher wants to use the Services for his or her own family, he or she must register for an Individual or Family Account. By registering for a Teacher Account, you represent and warrant that (a) you have permission from your Educational Institution to enter into these Terms on its behalf, and to use the Services as part of learning activities; and (b) your use of the Services and provision of student data through the Services is compliant with any obligations you and your Educational Institution have under applicable laws, including, without limitation, the Family Educational Rights and Privacy Act. If at any point in time you are no longer employed at or no longer have permission to use the Services from your Educational Institution, you agree that you will notify us immediately and cancel your account. Teacher Accounts are free and are offered in our sole discretion and we reserve the right to decline to issue, cancel, or change the terms and/or conditions of any or all Teacher Accounts at any time for any reason.
13. PAID PREMIUM CLASSROOM ACCOUNTS:
Paid Premium Schools classroom accounts ("PS accounts") are purchased by schools one classroom, or more, at a time for an entire year in advance and do not autorenew. If Purchase Orders are used, Emotional ABCs will only send sign-ins once payment has been received and processed. PS accounts allow up to 30 student sign-ins per classroom and 2 Educator accounts. Account Administrators or Educators will each be given a sign in with their own email and password and the Educators or the Account Administrator will create a student roster of up to 30 students. Student Usernames (nicknames) are created by Educators or School Administrators and do not need any student personal identifying information. Teachers will then be able to sign students into their individual accounts or using a QR code or a link. There is no student email address taken or any way for Company to contact Student Users. Educators or Account Administrators will be able to email parents or adult guardians to allow parents/guardians to sign student Users into their account from home, subject to these Terms and Conditions. No advertisements will be served on the site. Company does not contact Student Users for any reason. Company has no way to contact Student Users as Company has no identifying information other than the user “nickname” and cookie information. PS account holders and Users represent and warrant that they have obtained written permission and consent for all Student Users to use the service from the Student User's parent or legal guardian and agree to defend and hold Company harmless from any breach of this warranty.
14. FREE PARENT PREVIEW:
15. SCHOOL AUTHORITY:
Only adults who purchase the Service with a credit card or other permitted payment method are permitted to open an account. Student Users or visitors under eighteen (18) years of age, may use our Service only with the involvement and consent of a parent, legal guardian, or at the direction of the Student User's School. Schools may impose additional policies regarding the use of our Service, with which you must comply.
Users that open an account to provide the Service to students in a School, hereby represent and warrant (i) User is an authorized representative of the School with the authority to bind the School to this Agreement, and (ii) User agrees to this Agreement on the School's behalf. Users contacting Company to take any action with respect to an account represent and warrant that they have all necessary authority to request such action(s) from or on behalf of the accountholder (e.g., a School or Parent). In addition, Schools warrant and represent that no Personally Identifiable Information of students will be provided to Company and that account nicknames or passwords shall not include (a) any student's name; or (b) The name of any student's parent or other family members; (c) The address of the student or student's family; (d) Other indirect identifiers, such as the student's date of birth, place of birth, and mother's maiden name; (e) Other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty.
Last updated: June 21, 2021