Last Modified: February 22, 2023
This page describes the terms and conditions (these “Terms”) that govern your use of ReSpellr platforms, including www.respellr.com, mobile applications and other platforms (our “Platforms”), and ReSpellr services, including the spelling correction and educational gaming services provided by our downloaded software (the “Services”), all as owned, operated or managed by Koda-Tec LLC("ReSpellr", “us” or “we”).
PLEASE READ THESE TERMS CAREFULLY BEFORE USING ANY PLATFORMS OR SERVICES, AS THESE TERMS AFFECT YOUR LEGAL RIGHTS.
IMPORTANT NOTICE - ARBITRATION AGREEMENT: BY AGREEING TO BE BOUND BY THE TERMS OF SERVICE, YOU AGREE THAT ALL DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING ARBITRATION.
If any of these terms and conditions of these Terms of Service, or any future changes, are unacceptable to you, you may (a) stop using or accessing the Platforms, and cancel your account, and/or (b) discontinue your use of the Services. Your continued use of the Platforms or Services now, or following the posting of updated Terms of Service, will indicate acceptance by you of such Terms of Service, changes, or modifications.
If you are younger than 18 years of age, you must obtain the consent of a parent or guardian, who may accept these Terms on your behalf in order to access and use the Platform and Services.
If you are younger than 13 years of age, we will verifiably seek the consent of your parent or guardian in compliance with the Children's Online Privacy Protection Act of 1998 and in accordance with our COPPA Privacy Policy.
As part of the registration or account creation process, you will create login credentials by selecting a password and providing an e-mail address. You will also be requested to provide certain registration information, which must be accurate and updated.
Each registration is for a single user only. You are not allowed to share your registration login credentials or give your login credentials to anyone else. You are responsible for maintaining the confidentiality of your password. You are responsible for all usage or activity on your account, including use of the account by any third party authorized by you to use your login credentials
We may cancel or suspend your access to the Platforms or Services for any or no reason.
You consent to receive notifications from us electronically to the e-mail address you provide to us. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All information we collect on the Platforms are subject to our general Privacy Policy and as applicable our COPPA Privacy Policy. By using the Platforms, you consent to all actions taken by us with respect to your information in compliance with the privacy policies.
You irrevocably authorize and instruct us to automatically charge the applicable fees for a subscription plan at the beginning of each recurring period using the applicable payment method. Current payment methods include credit card and debit card.
If you elect to pay by credit card, you hereby authorize us or our third party processor(s) to charge or debit your payment method for all amounts due pursuant to these Terms. Your authorization will remain in full force and effect until you notify us that you wish to revoke your authorization by changing your profile. Once ReSpellr charges or debits your payment method, the charge or debit is non-refundable, except as required by applicable law. You acknowledge and agree that these Terms provide a dispute resolution process as a way for you to resolve disputes. To the extent permitted by applicable law, you agree not to ask your credit card company, bank, or other payment method provider to charge back any fees charged pursuant to these Terms for any reason.
Where applicable, we may also collect taxes (such as value added tax (VAT) where applicable) on fees and costs as applicable.
You may use the Platforms only for lawful purposes and in accordance with these Terms. You agree not to use the Platforms:
In any way that violates any applicable federal, state, local, or international law or regulation. To impersonate or attempt to impersonate ReSpellr, a ReSpellr employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing). To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platforms, or which, as determined by us, may harm ReSpellr or users of the Platforms, or expose them to liability.
Additionally, you agree not to:
Our Services begin upon your commencement of payments for your subscription plan, and are provided on a recurring basis. They will renew automatically until you cancel our services in accordance with these Terms. You may cancel using our website, and cancellations are effective seven days from when given. Note that we may terminate at any time for any or no reason.
If any of the Platforms contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to from the Platforms, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The Platforms and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Respellr, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use the Platforms for your personal, non-commercial use only. We grant you a worldwide, non-exclusive, personal and non-assignable license to access and use the Platforms in accordance with the Terms. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platforms. You will not use the Platforms or Services in a manner exceeding the scope of this license.
The ReSpellr name, logomark and all related names, logos, product and service names, designs, and slogans are trademarks of Respellr. You must not use such marks without the prior written permission of ReSpellr. All other names, logos, product and service names, designs, and slogans on the Platforms are the trademarks of their respective owners.
You represent, warrant and covenant that (a) you are at least eighteen years old, or have obtained the consent and agreement of your parent or guardian, and (b) your payment method (if you are a parent or older than 18) is valid, you are legally authorized to make payments using the payment method, and there are sufficient funds or credit available to pay any and all amounts due hereunder.
You hereby indemnify, defend and hold harmless ReSpellr and its officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of: (a) any breach by you or any user of your account of these Terms or the foregoing representations, warranties and covenants; or (b) your gross negligence or willful misconduct. You shall cooperate as fully as reasonably required in the defense of any such claim. ReSpellr reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THE SERVICES AND ALL SOFTWARE ARE DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. RESPELLR DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE CONTENT OR OTHER MATERIAL MADE AVAILABLE THROUGH THE SERVICES. YOU HEREBY ACKNOWLEDGE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL RESPELLR AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, AND LICENSORS ("RESPELLR PARTIES") BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, LOST REVENUES, OR LOST GOODWILL. IN NO EVENT WILL THE RESPELLR PARTIES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORMS, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORMS OR SUCH OTHER WEBSITES .THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE RESPELLR PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE RESPELLR PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
These Terms and all related documents for all purposes shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any conflict of laws principles that would cause the laws of any other jurisdiction to apply.
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in New York, before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
This Agreement represents the entire agreement and understanding between the parties. This Agreement shall supersede any and all other agreements, verbal or otherwise, between the parties concerning this subject matter. No amendments or modifications shall be binding upon either party unless made in writing and signed by us and you.
Our failure to enforce any provision of these Terms or to respond to a breach by you or other parties shall not in any way constitute a waiver of our right to enforce subsequently any terms or conditions of these Terms or to act with respect to similar breaches.
If a provision of these Terms is held invalid or unenforceable for any reason, that provision will be deemed severable and shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the intention of the parties. The validity and enforceability of any remaining provisions will not be affected and such provisions shall remain in full force and effect.
This website is operated by Koda-Tec LLC
All feedback, comments, requests for technical support, and other communications relating to the Platforms should be directed to: info@respellr.com.
Last modified: February 22, 2023
Please read this EULA carefully before installing and using the ReSpellr Chrome Extension.
For the purposes of this EULA:
Acknowledgment
By downloading or using the Extension, you are agreeing to be bound by the terms and conditions of this Agreement. If you do not agree to the terms of this Agreement, do not download or do not use the Extension.
This Agreement is a legal document between you and ReSpellr and it governs your use of the Extension made available to you by ReSpellr.
The Extension is licensed, not sold, to you by ReSpellr for use strictly in accordance with the terms of this Agreement.
Scope of License
ReSpellr grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Extension strictly in accordance with the terms of this Agreement.
The license that is granted to you by ReSpellr is solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
License Restrictions
You agree not to, and you will not permit others to:
Intellectual Property
The Extension, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of ReSpellr.
ReSpellr shall not be obligated to indemnify or defend you with respect to any third party claim arising out of or relating to the Extension.
Modifications to the Extension
ReSpellr reserves the right to modify, suspend or discontinue, temporarily or permanently, the Extension or any service to which it connects, with or without notice and without liability to you.
Updates to the Extension
ReSpellr may from time to time provide enhancements or improvements to the features or functionality of the Extension, which may include patches, bug fixes, updates, upgrades and other modifications.
Updates may modify or delete certain features and/or functionalities of the Extension. you agree that ReSpellr has no obligation to (a) provide any Updates, or (b) continue to provide or enable any particular features and/or functionalities of the Extension to you.
You further agree that all updates or any other modifications will be (a) deemed to constitute an integral part of the Extension, and (b) subject to the terms and conditions of this Agreement.
Third-Party Services
The Extension may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services.
You acknowledge and agree that ReSpellr shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. ReSpellr does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-party Services.
Term and Termination
This Agreement shall remain in effect until terminated by you or ReSpellr. ReSpellr may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from ReSpellr, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Extension and all copies thereof from your Device or from your computer.
Upon termination of this Agreement, you shall cease all use of the Extension and delete all copies of the Extension from your Device.
Termination of this Agreement will not limit any of ReSpellr's rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
Indemnification
You agree to indemnify and hold ReSpellr and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Extension; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
No WarrantiesThe Extension is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, ReSpellr, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Extension, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, ReSpellr provides no warranty or undertaking, and makes no representation of any kind that the Extension will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither ReSpellr nor any of ReSpellr's service providers makes any representation or warranty of any kind, express or implied: (a) as to the operation or availability of the Extension, or the information, content, and materials or products included thereon; (b) that the Extension will be uninterrupted or error-free; (c) as to the accuracy, reliability, or currency of any information or content provided through the Extension; or (d) that the Extension, its servers, the content, or e-mails sent from or on behalf of ReSpellr are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Limitation of Liability
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR, THE ENTIRE LIABILITY OF RESPELLR AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE AMOUNT OF $10.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RESPELLR OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE EXTENSION, THIRD-PARTY SOFTWARE AND/OR THIRD-PARTY HARDWARE USED WITH THE EXTENSION, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT), EVEN IF RESPELLR OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Severability and Waiver
Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Changes to this Agreement
ReSpellr reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of ReSpellr.
By continuing to access or use the Extension after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Extension.
Governing Law; Arbitration
These Terms and all related documents for all purposes shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any conflict of laws principles that would cause the laws of any other jurisdiction to apply.
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in New York, before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Entire Agreement
The Agreement constitutes the entire agreement between you and ReSpellr regarding your use of the Extension and supersedes all prior and contemporaneous written or oral agreements between you and ReSpellr.