Term of Services

How you interact with gray tortuga

Last Updated: February 28, 2018

Welcome to gray tortuga. The gray tortuga website and services are provided by gray tortuga, LLC (collectively, ‘gray tortuga”, "we" "us" or "our"). These terms and conditions ("Terms of Service") govern your ("you" or "your") access to and use of the graytortuga.com web site (the "Website") and all services provided by gray tortuga via the Website including without limitation to our products, services, educational information etc. (collectively, the "Products"). We provide products and services to parents who are introducing Spanish, Mandarin Chinese (simplified), and/or English language to their children. These Terms of Service include the provisions in this document, as well as those in the Privacy Policy.

 

Summary

The summary of our Terms of Service is intended to give you an overview of what information can be found in our Terms of Service:
(1) Acceptance of and Changes to Terms of Service
(2) Eligibility
(3) Registration, Account Creation, and Website Content
(4) Terms of Sale on our Website
(5) Additional information such as Disclaimers and Trademarks

(1) Acceptance of and Changes to Terms of Service 

By clicking "Continue" on the account creation page or otherwise using our Website, purchasing our products, or subscribing to our Products, you indicate your unconditional acceptance of the following Terms of Service. Please read these carefully. If you do not agree to these terms please do not use our services.

We may change the Terms of Service at any time by posting revisions to the Website with a new effective date posted at the top of the terms. Your continued use of the Website after a posted change in the Terms of Service shall indicate your agreement to the revised terms. You should review the Terms of Service from time to time to make sure that you are aware of the current Terms.

(2) Eligibility

gray tortuga services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. By using the Website, you represent and warrant that you (a) are 18 years of age or older, (b) are a legal resident of the United States, (c) have not been previously suspended or removed from the Website, or engaged in any activity that could result in suspension or removal from the Website, (d) do not have more than one gray tortuga account, and (e) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.

We continually test new features, functionalities, services, user interfaces and products that we are considering incorporating into our Website or Products. We reserve the right to include or exclude you from these tests without notice.

Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for upholding all Terms. Although we will not collect information from any individual under the age of 13, Account Information may contain personally identifiable information—including the first name, last name, address and birthday—of minors ("Child Personal Information"). Maintaining the confidentiality of your Account Information generally, and Child Personal Information specifically, is a responsibility we take seriously—we will not use or disclose Child Personal Information or your Account Information except as necessary to provide the Service or as otherwise authorized by you. Such necessary uses and disclosures may include, without limitation, providing Child Personal Information to our service providers and contractors.

This Website may be accessed from countries other than the United States. This Website and the Products may contain products or references to products that are only available within the United States and U.S. territories. Any such references do not imply that such products will be made available outside the United States. If you access and use this Website outside the United States you are responsible for complying with your local laws and regulations.

(3) Registration, Account Creation, and Website Content

In order to purchase products from us, you must register an Account on our Website. To create an Account, simply enter a valid email address. For us to successfully provide you with products you must maintain an account and provide us with a United States shipping address and a valid credit card number (your "Credit Card") and billing information which the individual creating the Account has the right to use (collectively, and together with any other information you may provide us in creating your Account, "Account Information").

As a registered user, you acknowledge and agree that we may use such information to communicate with you about our products or services.

Users have a personal, non-transferable, non-exclusive right to access and use the Content of this Website subject to these Terms and Conditions. The term "Content" means all information, text, images, data, links, software, or other material accessible through the Website or Products, whether created by us or provided by another person for display on the Website or through the Products.

We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.

You may view, copy, download, and print Content that is available on this website or through the Products, subject to the following conditions:

The Content may be used solely for internal informational purposes. No part of this website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.

The Content may not be modified.

Copyright, trademark, and other proprietary notices may not be removed.

Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any Content displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these terms of use; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on this Website.

gray tortuga maintains this Website as a service to the user community that visits the Website subject to these Terms and Conditions. We may alter, suspend, or discontinue this Website or the Products in whole or in part, at any time and for any reason, without notice. The Website may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.

(4) Terms of Sale on our Website

Payment and Billing Information

By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes and other charges) (collectively, as applicable, a “Purchase”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Purchase may be suspended or cancelled. You must resolve any payment method problems before we proceed with your Purchase. If you want to change or update your payment method information, you can do so at any time by logging into your account. 

You acknowledge that the amount billed may vary due to promotional offers, preferences you select, or changes in applicable taxes or other charges, and you authorize us (or our third party-payment processor) to charge your payment method for the corresponding amount.

Pricing and Availability

All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with our various Products, we will provide advance notice. We will not, however, be able to notify you of changes in any applicable taxes. 

All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Purchase, to reject all or part of a Purchase, to discontinue offering certain Products without prior notice.

Taxes

We will collect applicable sales tax on Products shipped to the states for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.    

Shipping and Handling

You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase.

No Resale

You are not permitted to resell or otherwise use the Products for commercial purposes without prior written consent.

Returns, Replacements, Refunds, Credits

If you are dissatisfied with any of our Products you purchased through the Website, you may return such Product within thirty (30) days of the date you received such Product by contacting learn@graytortuga.com and following the shipping instructions we supply; provided, that all such returned Products must be unused and in their original packaging. After we receive such returned Product, we will issue you a refund for the price you paid for such Product less any applicable shipping and handling charges.

In certain circumstances we may provide you customer experience credits of promotional value that will be automatically applied to your next eligible Purchase. Credits may only be redeemed on www.graytortuga.com, are not transferable, and are not redeemable for cash or other property.

Gift Cards

You may purchase gray tortuga gift cards for anyone 13 and older through the Products ("gray tortuga Gift Cards"). Gift Cards can be redeemed solely through our Products for Products or services. gray tortuga Gift Cards cannot be redeemed for cash except where required by law. Risk of loss and title for gray tortuga Cards pass to the purchaser upon electronic transmission to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. gray tortuga is not responsible for lost or stolen Gift Cards, or for use without your or the recipient's permission. gray tortuga reserves the right to close accounts and request alternative forms of payment if a gray tortuga Gift Card is fraudulently obtained or used.

Feedback

In the event that you provide us ideas, thoughts, criticisms, suggested improvements or other feedback related to Products or Products (collectively "Feedback"), you hereby grant us a non-exclusive, world-wide perpetual license to use the Feedback to: (a) improve our Products or any Products and (b) promote the Products and Products, and that you will not be due any compensation for your Feedback that is used in these ways.

(5) Additional information such as Disclaimers and Trademarks

In no event shall gray tortuga or its owners, employees, advisors, parents, affiliates, or partners, be liable to any user of this website or any other person or entity for any direct, indirect, special, incidental, consequential, or exemplary damages (including, but not limited to, damages for loss of profits, loss of data, loss of use, or costs of obtaining substitute goods or services) arising out of the use, inability to use, unauthorized access to or use or misuse of the products or the website or any information contained thereon, whether based upon warranty, contract, tort (including negligence), or otherwise, even if has been advised of the possibility of such damages or losses.

You agree gray tortuga’s total cumulative liability in connection with these terms of services, the website, the content, or any product or service whether in contract, tort, or otherwise shall not exceed the amount you paid to gray tortuga in the then-prior calendar month.

Indemnification

By using this Website you agree to indemnify, hold harmless and defend gray tortuga from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with use of this Website, Services, or Products by you or any other person accessing the Website using your member login account.

Accuracy of User Information

Accuracy: You may use this Website (but not subscribe to our Products) without volunteering personally identifiable information. Please refer to our Privacy Policy for additional information on our practices for handling personally identifiable information. However, if you choose to provide information to register for or participate in a service, event, or promotion on this Website or to use our Products, you agree that you will provide accurate, complete, and up to date information as requested on the screens that collect information from you.

Security

When you register to participate in gray tortuga services on this Website, you may be required to establish a login identifier and a password. You are responsible for protecting your login and password from unauthorized use, and you are responsible for all activity that occurs on your account (including without limitation financial obligations). You agree to notify us immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your login and password.

Disclaimer of Warranty

YOU ARE SOLELY RESPONSIBLE FOR DETERMINING IF THE PRODUCTS ARE SUITABLE FOR YOUR CHILDREN. WE DO NOT TAKE RESPONSIBILITY FOR THE CONTENT IN PRODUCTS OR WHETHER THE PRODUCTS WE CHOOSE CONFORM TO VALUES SUITABLE TO EVERY PARENT WHO SUBSCRIBES TO OUR SERVICE.

Under no circumstances will we be liable for any loss or damage caused by your use of the Products or your reliance on information in any Content on this Website. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY ARISING FROM OR RELATING IN ANY WAY TO ANY PRODUCT SHALL BE ITS REPLACEMENT OR A CREDIT TOWARDS OTHER PRODUCTS, AT GRAY TORTUGA'S DISCRETION.

EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL PRODUCTS SUPPLIED, AND ALL TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, GRAY TORTUGA DOES NOT WARRANT THAT: (a) THE INFORMATION AVAILABLE ON THIS WEBSITE IS FREE OF ERRORS; (b) THE PRODUCTS OR SERVICES ARE NOT DEFECTIVE; (c) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (d) DEFECTS WILL BE CORRECTED, OR (e) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Exclusions

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Endorsements

In no event shall any reference to any third-party or third-party product or service be construed as an approval or endorsement by gray tortuga of that third party or of any product or service provided by a third party. Likewise, a link to any third-party Website does not imply that we endorse or accept any responsibility for the content or use of such a Website. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.

Jurisdictional Issues

We make no representation that information on this Website, or the Products or Services we provide, are appropriate or available for use outside the United States. Those who choose to access this Website from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.

Termination

We may terminate any user's access to our Website or Products for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these terms and conditions, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our Website or Products.

Enforcement

To the maximum extent permitted by law, this Agreement, and all disputes or claims in connection with this Agreement (whether arising in contract, tort or otherwise) are governed by the laws of the State of Texas and the United States of America, and the parties hereby consent to San Mateo County, California being the exclusive jurisdiction and venue of courts for all disputes or claims in connection with this Agreement.

Assignment

You may not assign these Terms and Conditions or any license set forth herein, in whole or in part, without our prior written consent. We may assign these Terms and Conditions (including, for the avoidance of doubt, any rights to Account Information we may have) without your consent, to an affiliate or in connection with any merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. Any purported assignment in violation of this section shall be null and void. These Terms and Conditions shall be binding on all permitted assignees.

Trademarks and Intellectual Property

“gray tortuga,” the gray tortuga logo and any other gray tortuga Products names, logos or slogans that may appear on the Website or Products are trademarks of gray tortuga, LLC and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “gray tortuga” or any other name, trademark or Product or service name of gray tortuga without our prior written permission.

You agree and acknowledge that, as between you and gray tortuga, unless otherwise stated in these Terms and Conditions, gray tortuga owns and retains all right, title and interest in and to (a) the Website and all improvements, enhancements and modifications thereto, (b) notwithstanding the Feedback section (above), comments, suggestions, or other feedback regarding any aspect of the Products or the Website submitted by you, (c) all Themed Packages, and (d) all intellectual property and proprietary rights in and related to any of the foregoing (collectively, "gray tortuga Intellectual Property"). To the extent you have or later acquire any right, title or interest in any gray tortuga Intellectual Property, you hereby irrevocably transfer and assign all such right, title and interest in such gray tortuga Intellectual Property to us.

Severability

To the extent you are located in the United States, if any provisions of this Agreement are not permitted by applicable law or regulation, those provisions shall be of no force or effect as between you and gray tortuga. If any part of these Terms and Conditions is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions as between you and gray tortuga.

Privacy

Your privacy is important to us.  Our Privacy Policy is part of the Terms of Service. 

Complete Agreement

These Terms of Service (including our Privacy Policy) constitute the entire agreement between you and us with respect to the Website and supersedes all prior or contemporaneous communications and proposals between you and us with respect to the Website. If any provision of these Terms of Service is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.

For Additional Information

If you have any questions about these Terms and Conditions, please contact learn@graytortuga.com

Copyright © 2018, gray tortuga, LLC