Terms of Service
Last Updated on November 17, 2020 at 3:52PM
These Terms of Service are a legally binding agreement between you and LitWits Workshops, LLC (“LitWits”), the operator of the www.litwits.com website and associated mobile applications and/or websites (collectively, the “Site”). These Terms of Service state the terms and conditions that govern your use of the Site, as well as the services (the “Services”) and products (the “Products”) offered through the Site, regardless of how you access or use the Site, whether via personal computers, mobile devices or otherwise. By accessing and using the Site, you are indicating that you accept, and agree to comply with, these Terms of Service. If you do not accept these Terms of Service, you are not permitted to, and you must not, access or use the Site or the Services.
All of the content on the Site including, without limitation, names, logos, trademarks, service marks, images, graphics, photographs, illustrations, artwork, and other elements (except for excerpts from books in the Public Domain) (collectively, the “Content”) is the property of LitWits. LitWits logos and product and service names are trademarks of LitWits Workshops, LLC.
LitWits’ Site Content may be downloaded or printed for personal or classroom use, but may not be distributed beyond that, or for any commercial reason whatsoever. Any individual, company, or entity found to have copied from the Site for commercial use will be in violation of trademark and copyright laws, and LitWits will pursue legal action to the fullest extent possible. No copies, sales, modifications, uploading, or any other form of copyright infringement is permitted.
When you purchase access to a web-based Explorer’s Guide, either by credit card, purchase order, or a coupon of any value, you are given access to selected pages on the LitWits website. You are also given a revocable, non-transferable and non-exclusive license to use LitWits’ copyrighted resources as part of the classroom curriculum. Each LitWits license is valid for one (1) family or classroom, to a maximum of thirty (30) students. Two (2) or more groups smaller than thirty (30) students each may not share the same license, and Users may not extend their license to outside parties. Only Users with licenses have LitWits’ permission to use copyrighted materials. Your Account must be registered in the name of the educator using the resources.
As a licensee, you have our permission to print a reasonable number of copies of LitWits’ Site Content for noncommercial personal or classroom use, as long as any copies you print continue to show all notices concerning copyright, trademark and other proprietary rights that appear in the reproduced material.
These licensing policies apply to any and all formats of our Explorer’s Guides, including but not limited to web-based, PDF, and printed.
Username and Password
To register in our Explorer’s Guides store, you will be assigned a username and password. You agree to provide us with accurate, complete, unique and updated contact information for each educator accessing the website or using downloaded resources. You also agree that you will not register or be registered as a User with the intent to impersonate someone, and the Account created by you may only be used by you as the User. Users remain at all times solely and fully responsible for the confidential, proper use of their Accounts.
LitWits will not be held liable for the misuse of your username and password. If you believe that someone else has misused your password, you must contact LitWits immediately. Any fraudulent, abusive, or otherwise illegal activity on your Account may be reported to appropriate law-enforcement agencies by us.
You can change your password by logging in to your Account and clicking on “Password” or “Account Details.”
When utilizing or referencing LitWits resources in any written work, you must publicly give LitWits.com as your source, including the most relevant LitWits URL. By using LitWits services and information, you are held accountable for any attempts to copy, maneuver, or alter LitWits text for your own use. Using, reading, or downloading the Site Services, Products or associated materials in any way is at your own discretion and risk. You are solely accountable for your usage of the Site materials.
LitWits provides links to other websites or Internet resources for purposes of enrichment and education (“Third-Party Sites”). LitWits makes a careful effort to curate links to child-safe images, videos, and information. However, because Internet content and advertising are constantly changing, LitWits strongly recommends that you preview all videos and other external links before showing them to your students or children or other minors.
Because LitWits has no control over Third-Party Sites and the Content contained in them, you acknowledge and agree that LitWits is not responsible for the availability of such Third-Party Sites or resources, and does not endorse and is not responsible or liable for any Content, accuracy, quality, advertising, products, or other materials on, or available from, such Third-Party Sites or resources. You further acknowledge and agree that LitWits shall not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused by or in connection with use of, or reliance on, any such Content, goods, or services available on, or through any such Third-Party Site or resource.
LitWits is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com. Clicking on “this book” in our store pages will take you to Amazon.com, where you may choose to purchase books we have linked to. LitWits receives a small commission for your purchase.
Guidelines Regarding Children
Our products and services are marketed for and directed towards purchase by adults or with the consent of adults. By accepting these Terms of Service through your use of the Site, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service. LitWits’ Site does not knowingly collect personal information about children under the age of 18. Should we learn that someone under the age of 18 has provided any personal information to LitWits.com we will remove that information as soon as possible. If you are a parent or legal guardian agreeing to these Terms of Service for the benefit of a child under the age of 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.
Misuse of credit cards through theft or other illegal measure will not be permitted on the Site. Those who use illegal/stolen credit cards on the Site will be punished to the full extent of the law and those actions will be considered a breach of these Terms of Service.
Language and Conduct
You will be held solely responsible for your language and conduct on the Site. Furthermore, you are bound by your local, state, national, and international laws and regulations. LitWits is not responsible for any conduct on or derived from the LitWits site including product reviews or blog comments. You read and interpret postings in these areas solely at your own risk. LitWits is not responsible for harassing, offensive, violent, lewd, discriminatory, promotional, illegal, threatening, or libelous postings anywhere its site, although we will remove it when we become aware of it. Furthermore, LitWits reserves the right to terminate any User from accessing the Site for any actions that are deemed or even suspected, in LitWits’ sole and absolute discretion, unreasonable or that fall into the preceding list. By posting anywhere on the Site, you grant LitWits the exclusive rights to translate, alter, modify, update, delete, or make any other edits which are desired by LitWits. We will not alter product reviews except to improve grammar, punctuation, or spelling, and only if necessary for clarity’s sake.
Cancellations and Refunds
LitWits offers classes, products, and access to pages for purchase. When a purchase is made for page access, the purchaser is sent a confirmation email with a precise record of their purchase. Please make sure that the details are correct and contact us immediately if there is any discrepancy.
There are no refunds for charges already incurred. If you have any questions, please contact us.
In addition, once you make a purchase with us, there is no way it can be returned. Memberships, which we no longer offer, are non-returnable, since complimentary and heavily discounted products or their downloadable contents are available to be accessed, viewed, downloaded, and printed immediately. A purchase of a web-based product is effectively consumed once the purchase has been made. Unless there is an error on the Site, you are responsible for your purchase(s).
You agree to indemnify, defend and hold LitWits and its agents, affiliates, officers, or employees, harmless from any and all claims, actions, suits, procedures, demands, costs, expenses, damages and liabilities, including attorneys’ fees, arising out of or relating to: (i) your violation or breach of any term of these Terms of Service or any applicable law or regulation; (ii) your violation of any rights of any third party; or (iii) your use or misuse of the Site, Content, Services or Products and associated materials.
Disclaimer of Warranties
LitWits cannot and does not represent or warrant that the Site or its server will be error-free, uninterrupted, free from unauthorized access (including third party hackers or denial of service attacks), or otherwise meet your requirements.
THE SITE, CONTENT, SERVICES AND PRODUCTS ARE FURNISHED TO YOU “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND. LITWITS, ON BEHALF OF ITSELF AND ITS AFFILIATES, LICENSORS, SUPPLIERS AND THIRD PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY THE “LITWITS PARTIES”): (A) EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, SERVICES OR PRODUCTS WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE OR CONTENT WILL BE TIMELY, UNINTERRUPTED, STABLE OR SECURE; (C) DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, SERVICES OR PRODUCTS WILL BE ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED; AND (D) DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING THE USE OF THE SITE, CONTENT, SERVICES OR PRODUCTS IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS OR OTHERWISE. YOUR USE OF THE SITE, CONTENT, SERVICES OR PRODUCTS IS ENTIRELY AT YOUR OWN DISCRETION AND RISK AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, CONTENT, SERVICES OR PRODUCTS AND ANY RESULTING DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USING THE SITE, USING ITS SERVICES OR DOWNLOADING ANY OF ITS PRODUCTS OR ASSOCIATED MATERIALS.
Limitation of Liability
LitWits may provide or suggest certain materials for use in association with its educational programs and curriculums or in the shipment of certain Explorer Guides, which may contain, among other things, edible items. In consideration for being able to use the Site, benefit from Services provided by LitWits, and order Products and associated materials from the Site, all of which may include materials and supplies such as edible and natural items containing allergens (collectively, the “Activity”), you, for your yourself, heirs, next of kin, spouse, legal and personal representatives and assigns, do hereby waive, release, and discharge LitWits Parties, from liability from any and all claims, including the negligence of LitWits, resulting in personal injury (including death), accidents or illnesses, and property loss, in connection with your or your minor child’s or children’s, student or students, or any other person benefiting from or utilizing the Activity through your Account which you have purchased. You also agree that neither you nor your heirs, next of kin spouse, legal and personal representatives and/or assigns will make a claim against, sue or attach the property of any LitWits Party in connection with any of the matters covered by the foregoing release.
IN NO EVENT SHALL ANY LITWITS PARTY BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOSS OF VALUE OF THE PRODUCTS OR LOSS OF THE USE OF THE SERVICES OR PRODUCTS, WHETHER BASED ON BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), EVEN IF A LITWITS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, NOTWITHSTANDING THE FOREGOING, A LITWITS PARTY IS FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE OR LOSS WHICH ARISES UNDER OR IN CONNECTION WITH YOUR USE OF THE SITE, CONTENT, SERVICES OR PRODUCTS, THE RELEVANT LITWITS PARTY’S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID LITWITS FOR THE PRODUCTS OR SERVICES, AS APPLICABLE OR (B) THE SUM OF ONE HUNDRED US DOLLARS (US$100).
NOTHING IN THIS SECTION SHALL EXCLUDE OR LIMIT ANY LITWITS PARTY’S LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH LITWITS PARTY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
Assumption of Risk
Participation in the Activity carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injury. The specific risks vary from one activity to another, but the risks range from 1) minor injuries such as scratches, bruises, sprains, and mild allergic reactions, to 2) major injuries such as bodily injuries and serious allergic reactions, to 3) catastrophic injuries such as death. By creating an Account and agreeing to be bound by these Terms of Services, you, for your yourself, heirs, next of kin, spouse and legal and personal representatives, do hereby accept these rights and agree to participate in the Activity.
These Terms of Service between you and LitWits shall be governed by the laws of the State of California without respect to conflicts of laws principles.
In the event that LitWits is unable to resolve a complaint to your satisfaction, we agree to resolve any disputes arising out of these Terms of Services (except as to those related to LitWits’ enforcement and protection of its intellectual property rights) through binding arbitration or small claims court, instead of in courts of general jurisdiction. All disputes, controversies or claims relating in any way, directly or indirectly, to these Terms of Service will be administered by the Arbitration Association of America (“AAA”) in Santa Cruz County, California, before one arbitrator and in accordance with the provisions of its then current Arbitration Rules, except as may be modified herein or by mutual agreement of the parties. In the event a dispute is submitted to arbitration, the arbitrator may award costs and reasonable attorney’s fees to the prevailing party. The arbitration award shall be in writing and shall be final and binding on the parties. Judgment upon award may be entered by any court having jurisdiction thereof or having jurisdiction over the parties or their assets. Notwithstanding the foregoing, nothing shall prevent LitWits from seeking immediate injunctive relief from the AAA or a court of competent jurisdiction in the event of breach of these Terms of Service. In the event that injunctive relief is sought through the AAA, LitWits shall bear all costs of filing and initiating the arbitration; however, in the event the arbitrator finds in favor of LitWits, you shall reimburse LitWits for these costs.
Any arbitration under these Terms of Service will take place on an individual basis; class arbitrations and class actions are not permitted. Neither you nor LitWits has the right to act as a class representative or participate as a member of a class of claimants with respect to any claim arising from these Terms of Service.
Whenever you visit our Site or send emails to us, you are communicating with us electronically. For that reason, you also consent to receive communications from us electronically. We will communicate with you by email (if you have provided your email address to us), by posting notices on our Site or by such other means as we may determine from time-to-time. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing to the extent permitted by applicable law.
LitWits may add to, change or remove any part of the Site, including, without limitation, any Content therein, at any time without prior notice to you. We also reserve the right to modify these Terms of Service at any time. When we make changes to these Terms of Service, we will revise the “Last updated” date at the top of these Terms of Service and we will notify you of the changes by prominently posting a notice of such changes on the Site and/or be sending you an email. We encourage you to review these Terms of Service whenever you visit the Site. By continuing to access and use the Site after any such changes have been posted, you are indicating your acceptance of such changes, even if you have not reviewed the changes.
LitWits may issue a warning, temporarily suspend, or terminate any User’s right to use or access any or all part of the Site, without notice and for any reason
No failure to exercise, partially exercise or delay in exercising any right or remedy under these Terms of Service shall operate as a waiver or estoppel of any right, remedy or condition.
If any provision of these Terms of Service is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired.
LitWits will not be responsible for failures to fulfill any of its obligations due to causes beyond its control or Force Majeure events.
You may not assign or otherwise transfer your rights under these Terms of Service to a third party without LitWits’ prior written consent. LitWits may assign or transfer its rights or delegate any performance under these Terms of Service to any third party in its sole discretion.
If you feel that someone has violated our Terms of Service, please contact LitWits at firstname.lastname@example.org, or at the following address:
LitWits Workshops, LLC
PO Box 143
Capitola, CA 95010