Definitions

The WizardsSpell Web site, located at www.wizardsspell.com (the "Web Site") is owned and operated by WizardsWare, LLC. The Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein (the "Terms and Conditions"). Your use of the Web Site constitutes your agreement to all such Terms and Conditions.

WizardsSpell Subscription Service

WizardsWare, LLC. makes available to users an online spelling program for children, known as "WizardsSpell" (THE "WizardsSpell Program"), and other online subscription services, services and products. The following terms and conditions shall apply in the event that you subscribe to WizardsSpell or any other subscription service, services or products offered by WizardsWare, LLC. on the Web Site (the "Subscription"):

1. Subscription Terms. The Subscription will continue until WizardsWare, LLC. receives notification of termination from you as described in subsection C below. You authorize WizardsWare, LLC. to charge to the credit card account designated during the registration process the current fees and charges for each term according to the subscription plan chosen by you. If you accepted an offer that included a free trial period, your credit card account will not be charged until after the end of the free trial period. If you subscribed for a term of one (1) year or more, you will be notified by WizardsWare, LLC. before the account designated by you is charged for any term after the first term. You are responsible for any charges associated to connecting to the WizardsWare, LLC. Sites, including but not limited to, any telephone line charges or any Internet access provider charges. You shall provide WizardsWare, LLC. with accurate, complete and updated information as to your name and e-mail address and credit card account information provided by you at registration. Failure to do so shall constitute a breach of this Agreement.
2. Changed Terms. WizardsWare, LLC. shall have the right at any time to impose, change or modify its fees and billing methods, or other terms and conditions applicable to your use of the Subscription or to impose new terms and conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice to you thereof, which may be given by any reasonable means including, but not limited to, posting on the Web Site a revised version of this Agreement and notification to you by electronic or conventional mail. If any such change is unacceptable to you, you may terminate your Subscription as provided in subsection C below. Any use of the Subscription by you after such notice shall conclusively be deemed to constitute acceptance by you of such changes, modifications, additions or deletions. You agree to review the terms and conditions periodically to be aware of such revisions. You may also be subject to additional terms and conditions imposed by third party content providers in connection with third party content, software or services.
3. Termination. Either you or WizardsWare, LLC. may terminate this Agreement at any time. Your only right with respect to any dissatisfaction with (i) the quality and performance of the WizardsSpell program, (ii) any of the Terms and Conditions of this Agreement, or policy or practice of WizardsWare, LLC. in operating the Web Site, (iii) content available through the Web Site, the Subscription or change therein, or (iv) amount or type of fees or billing methods, or change therein, is to terminate this Agreement by sending notice to WizardsWare, LLC., 244 Shannonbrook Lane, Frederick, Maryland 21702 or by e-mail sent to our info@wizardsspell.com email address. Notice of termination will be effective at the end of the current billing period. Without limiting the foregoing, WizardsWare, LLC. shall have the right to immediately terminate this Agreement with respect to any user which WizardsWare, LLC., in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. In the event that your account is terminated or canceled, no refund of any fees, including monthly membership fee, will be granted. Fees paid for any Subscription are paid in advance and are not refundable in whole or in part, provided, however, that in the event of termination by WizardsWare, LLC. for any reason other than breach of this Agreement by you or termination by you in accordance with this subsection of this Agreement in which you identify the termination as resulting from changed terms, WizardsWare, LLC. shall make a pro rata refund to you.

Copyrights, Trademarks and Proprietary information

1. The Web Site contains copyrighted material, trademarks and other proprietary information including text, software, photos, video, graphics, music and sound, which are proprietary to and owned by WizardsWare, LLC and/or its licensees and contractors. The Web Site is copyrighted by WizardsWare LLC as a collective work under the United States copyright laws. WizardsWare, LLC is the owner of the trademark "WizardsSpell. WizardsWare, LLC. owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the Web Site or any portion of it without the express written permission of WizardsWare, LLC. and any other copyright owner.
2. The Web Site may contain links to other web sites, resources and advertisers. WizardsWare, LLC. is not responsible for the availability of these external sites nor does it endorse or is it responsible for the contents, advertising, products or other materials made available on or through such external sites. Under no circumstances shall WizardsWare, LLC. be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external sites. You should direct any concerns to such external site's administrator or webmaster.
3. WizardsWare, LLC. has carefully designed the Web Site with the purpose of delivering certain content to users in a particular format and with a particular appearance. No third party shall have the right to utilize the content of the Web Site in any way that interferes with that purpose. In particular, WizardsWare, LLC prohibits any party from displaying the content on the Web Site in any format where third party advertising or other materials that WizardsWare, LLC. did not authorize is viewed or viewable together with WizardsWare, LLC.'s proprietary content.

Disclaimer of Warranty

1. YOU EXPRESSLY AGREE THAT USE OF THE WEB SITE IS AT THE SOLE RISK OF THE USER. NEITHER WIZARDSWARE, LLC, NOR ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WIZARDSSPELL PROGRAM OR THE WEB SITE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR PRODUCTS PROVIDED THROUGH THE WIZARDSSPELL PROGRAM OR THE WEB SITE.
2. THE WIZARDSSPELL PROGRAM AND THE WEB SITE ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES REGARDING THE QUALITY OF OR RESULTS FROM USE OF THE WIZARDSSPELL PROGRAM OR THE WEB SITE, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability

WIZARDSWARE LLC SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES INCLUDING WITHOUT LIMITATION DAMAGES FOR INTANGIBLE LOSSES IN ANY WAY ARISING FROM OR RELATING TO USE OF OR INABILITY TO USE THE WIZARDSSPELL PROGRAM OR THE WEB SITE (SOME STATES OR COUNTRIES MAY NOT ALLOW THE ABOVE LIMITATION AND EXCLUSION SO THE SAME MAY NOT APPLY TO YOU). THE MAXIMUM LIABILITY OF WIZARDSSPELL TO YOU FOR ALL DAMAGES, LOSSES AND ALL OTHER CAUSES OF ACTION, IN CONTRACT, TORT, UNDER STATUTE OR REGULATION, OR FOR ANY OTHER REASON, SHALL NOT EXCEED THE AMOUNT ALLOWED BY SUBSECTION C "TERMINATION" OF THE SECTION OF THESE TERMS OF USE TITLED "WIZARDSSPELL SUBSCRIPTION SERVICES".

Indemnification

You agree to defend, indemnify and hold harmless WizardsWare, LLC, its affiliates and their respective directors, officers, members, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use or inability to use the Web Site by you or your child or other minor for which you act as guardian.

Modification of These Terms of Use

WizardsWare, LLC. reserves the right to change these Terms of Use, by posting on the Web Site a revised version of the Terms of Use, and/or by providing you notice by any reasonable means, including email. You are responsible for regularly reviewing these Terms of Use. Your continued use of the Web Site constitutes your agreement to all Terms and Condition in these Terms of Use.

General

Your use of the Web Site shall be governed by all applicable Federal laws of the United States of America and the laws of the State of Maryland. Your agree that your use of the Web Site will not create any joint venture, partnership, employment or agency relationship between you and WizardsWare, LLC. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superceded by a valid and enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.