Terms and Conditions of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. By using our website, www.talkingbuildingblocks.com, you signify your agreement to these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use this site. Smart Blocks may modify these Terms and Conditions at anytime – last modified on April 24, 2010.

User Conduct

As a condition of your use of these services, you expressly agree that you will not use this website provided by Smart Blocks for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You agree to abide by all applicable local, state, national, and international laws and regulations and are solely responsible for all acts or omissions that occur under your member name, including the content of your transmissions through the service. This website is intended for entertainment and educational purposes and primarily for the use and enjoyment of parents, teachers, and educators. You agree to use this website only for such purposes. Any unauthorized commercial use of this website is expressly prohibited. Without Smart Blocks’ prior written consent you may not reproduce, distribute, modify, display derivative works based on, repost or otherwise use the content of this website. Nothing contained herein shall be construed as conceding any license or right under any copyright or other intellectual property right. Smart Blocks reserves the right to monitor, review, retain, and/or disclose any information necessary to satisfy any applicable law, regulation, legal process or legitimate governmental request.

Disclaimers/Limitation of Liability

Your use of and any browsing in this website and related Internet services is at your risk. Neither Smart Blocks nor any other party involved in creating, producing, or delivering this website is liable for any direct, indirect, incidental, consequential or punitive damages arising out of your access to, or use of, this website or related services. The material contained in this website may contain inaccuracies and errors. Smart Blocks does not guarantee that the functional aspects of this website will be uninterrupted or error-free or that this website or the server that provides it are free of viruses or other harmful components.

Everything on this Website is provided to you “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, OR NONINFRINGEMENT.

Some states do not allow the exclusion of implied warranties, so some of these exclusions may not apply to you. Check your local laws for any such exclusions. Smart Blocks also assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this website (or related services) or your downloading of any materials, data, text, images, video, or audio from this website.  Smart Blocks ships to all countries.

Smart Blocks does not guarantee that your child’s learning will accelerate simply by purchasing products sold on this website. Learning is a function of a child’s ability, time spent learning, the quality of instruction and support from parents and teachers, environmental factors, and teaching methods. The Smarcks are a unique and innovative teaching method that we are very excited about. We want to share our excitement and new found discovery and the Smart Blocks’ 90 Day Money Back Guarantee provides parents and teachers a risk free opportunity to determine for themselves the extent to which these products will benefit their children. See the Smart Blocks’ Refund Policy for information regarding the 90 Day Money Back Guarantee.

Historical Statements

All materials, including press releases and media reports, speak as of the original date of publication or filing. These materials are presented for your convenience only. The fact that a document is available on this website does not mean that the information contained in such document has not been modified or superseded by events or by a subsequent document, statement or filing. We have no duty or policy to update any information or statements contained on this site and we expressly disclaim any duty to do so. Therefore, such information or statements should not be relied upon as being current as of the date you access this site. Moreover, any portion of the materials available on this website may include technical inaccuracies or typographical errors. Changes may be made from time to time without notice to the materials available on this website, and to the products described on this site.

Submissions

Should any viewer of a document on this website respond to Smart Blocks with information including feedback data, such as questions, comments, suggestions, or the like regarding the site, or the content of any item, such information shall be deemed to be non-confidential and Smart Blocks shall have no obligation of any kind with respect to such information. In addition, Smart Blocks shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works, and distribute the information to others without limitation, and to authorize others to do the same. Further, Smart Blocks shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and other items incorporating such information. This paragraph is not intended to apply to any personal information about you (such as name, mailing address and e-mail address), the use of which will be governed by Smart Blocks’ Privacy Policy.

In consideration of Smart Blocks’ continuing efforts to enhance and improve these products and to respond to feedback from users, you agree to transfer such ideas, concepts, know-how and techniques to Smart Blocks without any compensation. You agree to execute any and all documents that Smart Blocks may reasonably request in connection with confirming Smart Blocks’ ownership of and unlimited right to use such ideas, concepts, know-how and techniques.

You are solely responsible for the content of any comments you make. You agree that no comments submitted by you to this website will: (i) violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights; (ii) be or contain libelous or otherwise unlawful, abusive, or obscene material or constitute the misappropriation of the trade secrets of any third party; and (iii) disparage the products or services of any third party. You agree not to submit any personal information (other than your email address or user name) through email sent to other users or messages posted on this site by you.

Links

Smart Blocks has not reviewed all of the sites that you may link to from this website and is not responsible for the content of any off-site pages or any other sites linked to this website. Your linking to any other off-site pages or other sites is strictly at your own risk.

Modification of Terms

Smart Blocks may at any time revise these Terms and Conditions by updating the same at its website. You are bound by any such revisions and you should therefore review this page periodically to ensure your understanding of the terms and conditions of your use.

General

This agreement is governed by the laws of the United States of America and the State of California. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. These terms and conditions will be governed by and be construed in accordance with the laws of the United States of America and the State of California without regard to its conflicts of law provisions. If you use this website from other locations you are responsible for compliance with local laws and regulations. This agreement constitutes the entire agreement between user and Smart Blocks with respect to this website and related services and supersedes all prior or contemporaneous terms or conditions, oral or written, between user and Smart Blocks. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any cause of action arising out of or related to this Web site or its service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

Termination

If you are dissatisfied with any portion of the service, or with any of these terms of use, your sole and exclusive remedy is to discontinue using this website. Subject to terms and conditions, and upon appropriate notice, a refund of some or all pre-payment for services may be made by Smart Blocks. This agreement is effective until terminated by either party. You may ask us to end your membership at any time by e-mailing sales@talkingbuildingblocks.com . (You will be required to provide your member name and password.) This agreement will terminate immediately without notice from Smart Blocks if you fail to comply with any term or provision of this agreement.

Copyright

You should assume that everything you see or read on this website, receive through related services, or download from our servers, is protected by copyright unless otherwise stated and may only be used according to these Terms and Conditions. Smart Blocks does not warrant or represent that your use of materials displayed on this website will not infringe rights of third parties whom are not owned or affiliated with Smart Blocks. Images are either Smart Blocks’ property or used by Smart Blocks with another party’s permission. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions. Any unauthorized use of such images may violate copyright laws, trademark laws, the laws of privacy and publicity, as well as other communications regulations and statutes.

Trademarks

The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on this website are registered and unregistered trademarks of Smart Blocks, Inc. Your misuse of the Trademarks displayed on this website, or any other content on this website, except as provided herein, is strictly prohibited. Nothing contained on this website should be construed as granting any license or right to use any Trademark displayed on this website without the written permission of Smart Blocks or such third party that may own the Trademark.

Contacting Us

If there are any questions regarding these terms and conditions you may contact us using the information below.

Smart Blocks, Inc.

3231C Business Park Drive #103

Vista, California 92081

888-798-9277

sales@talkingbuildingblocks.com

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