TERMS & CONDITIONS

Testarossa Enterprises, INC, d/b/a Teacher Tom’s World (“TTW”) offers a website with early childhood educator and parent training videos (the “Videos”) and other educational material at https://www.teachertomsworld.com and at https://courses.teachertomsworld.com (collectively, the “Websites”) developed by Tom Hobson, aka Teacher Tom, on a variety of early childhood education topics (“Presenter”).  Visitors browsing the Website as well as users who pay for access to content (collectively, “Users”) are each bound by these Terms of Use. By using this Website, you are agreeing that you have read and understood these Terms of Use, and agree to comply with and be bound by them (the “Agreement”).  Please review the following terms carefully.

1. Website Overview

TTW offers users limited paid licenses to stream the Videos. TTW aims to provide accurate information about the Videos and Presenters but does not guarantee accuracy and from time to time may change or update such content.

2. Fees and Refunds

Users are not charged fees for visiting the Websites, however Users are responsible for paying applicable license fees for the online eCourses (the “eCourses”). You agree to be financially responsible for any purchases made by you or anyone acting on your behalf.

The license granted for the eCourse is subject to immediate termination without notice or refund in the event the TTW ceases its business operations.

3. User Guidelines

By using the Website, you represent that will comply with the guidelines set forth below.

You represent, warrant, and agree that you:

4. Copyright, Trademark, and Intellectual Property

“Teacher Tom’s World,” “Teacher Tom,” the TTW logo, “The Technology Of Speaking With Children So They Can Think,” “Partnering With Parents,” and other marks, page headers, scripts, and logos, are either registered trademarks, trademarks, trade names, service marks, or otherwise protected property of TTW and may not be used, copied, or imitated without the prior written consent of TTW. Other trademarks, trade names, company names, Website marks, and otherwise protected property which may from time to time be displayed on this Website are the property of their respective owners and are subject to the terms and conditions applied by those owners to their intellectual property.

All content (including, without limitation, any computer code, images, Videos, other video and audio and streaming files, downloadable content, navigation schemes, and layout) comprising the Website (collectively, “Content”) is owned by or licensed to TTW. The copyright in and to this Website is owned by TTW. TTW retains and reserves all rights in and to this Website and all Content.

With a purchase of an eCourse license, one person has the right and license to view (stream) on User’s own equipment the Videos, as well as download the fillable PDF Reflection Guides on this Website for their individual, personal, noncommercial use only. Users may not sublicense or redistribute the Content in any manner and User login and password info may not be shared.

Such permission terminates automatically if you breach this Agreement and is otherwise revocable at TTW’s discretion. The reproduction, distribution, transmission, display, or use of this Website and any Content is prohibited without the prior written consent of TTW.

5. Indemnification

User will indemnify, defend, and hold harmless TTW and TTW affiliates, against any claims, lawsuits, allegations, and investigations, and any related damages, losses, expenses, and penalties (including attorney fees) arising out of or in connection with (i) all use of and access to the Website and Videos; (ii) any breach or alleged breach by User of this Agreement or of the representations and warranties herein or (iii) any violation of law or regulation, or any third party right, including without limitation any copyright, property, or privacy right.

6. Disclaimers/Liability Limits

THIS WEBSITE IS PROVIDED “AS IS,” AND “AS AVAILABLE.” TTW MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, NEITHER ON BEHALF OF ITSELF NOR ON BEHALF OF PRESENTER, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, CONCERNING THE OPERATION OR USE OF THE WEBSITE, THE CONTENT, PRODUCTS, AND/OR WEBSITES AVAILABLE ON OR THROUGH THIS WEBSITE. TTW DOES NOT WARRANT THAT THIS WEBSITE OR THE VIDEOS WILL BE AVAILABLE AT ALL TIMES OR THAT A USER’S USE WILL BE CONTINUOUS AND/OR ERROR FREE.

The quality of the streaming Videos may vary from device to device, and can be impacted by a variety of factors, such as the User’s location and the speed and/or bandwidth of the User’s internet connection.  TTW has no way of addressing User computer hardware, software, or internet connection issues.

TTW AND AFFILIATES DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNESS OR EXISTENCE OF ANY CONTENT SUPPLIED BY PRESENTER. RELIANCE ON PRESENTER INFORMATION IS DONE AT USER’S SOLE RISK AND LIABILITY.  TTW ASSUMES NO LIABILITY OR RESPONSIBILITY FOR DAMAGES SUFFERED AS A RESULT OF (I) UNAVAILABILITY, ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) QUALITY OF CONTENT OFFERED BY PRESENTER, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE WEBSITE.

IN NO EVENT SHALL TTW, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO USER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY OF THE ABOVE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT TTW IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS WHERE PERMITTED, TTW’S SOLE LIABILITY TO USER UNDER THESE TERMS FOR DIRECT DAMAGES SHALL BE LIMITED TO $100.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES AND EXCLUSION OF CERTAIN DAMAGES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

8. Use of Information

To know what privacy measures TTW has taken and what information we retain from your visit to this Website, please read our Website Privacy Policy, which is incorporated herein by reference.

9. Change of Terms

By using this Website, you agree to these Terms of Use as well as any posted changes of these Terms of Use. We reserve the right to change these Terms of Use at any time. We ask that you review these Terms of Use from time to time to ensure you are familiar with the most current version of it. Users can determine when this Agreement was last modified by checking the “Last updated” notice on the top of the Agreement. Your continued use of the Website constitutes your agreement to any changes made. If you do not agree to TTW’s Terms of Use, DO NOT use the Website.

10. Links to Other Websites

The Website may contain links to other websites. We are not responsible for the content, accuracy, or opinions expressed in such sites and such sites are not investigated, monitored, or checked for accuracy or completeness by TTW. Inclusion of any linked site does not imply approval or endorsement of the linked site by TTW. If you decide to leave the Website or access these third-party sites, you do so at your own risk, and should review that site’s policies.

11. Term and Termination

We may terminate your access to all or any part of this Website at any time, with or without cause or notice, effective immediately. In the event of termination based on what is, in TTW’s reasonable discretion, User breach, your access to Videos may be terminated.

12. Questions or Concerns

If you have a question or complaint regarding the Website, please send an e-mail to [email protected].

13. General Provisions

  1. This Agreement (and the other TTW agreements referenced above) constitutes the entire and only agreement between you and TTW and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the subject matter hereof.

  2. The Parties’ rights and obligations under sections intended by their nature to survive including, without limitation, payment, intellectual property, limits on warranties and liability, indemnity, termination, and choice of law provisions shall survive the termination or expiration of this Agreement.

  3. This Agreement shall be interpreted and enforced in accordance with applicable federal law and the laws of the State of Washington, without regard to any principles of conflict of laws, and venue and jurisdiction shall be in the courts of King County, WA. The prevailing party in any proceeding shall have the right to collect from the other party its reasonable costs, disbursements, and all attorneys’ fees incurred in enforcing this Agreement.

  4. If any provision of this Agreement is determined to be invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining provisions. The failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

  5. You agree that all notices, disclosures, and other communications that TTW provides to you electronically (including by e-mail) satisfy any legal requirement that such communications be in writing.

  6. This Agreement and the rights granted and obligations undertaken hereunder may not be assigned, transferred, or delegated in any manner by User, but may be freely assigned, transferred, or delegated by TTW.

      Last updated Nov 1st, 2020.