Disclaimer of Warranty
Despite the efforts of Sandviks HOP, Inc. to provide accurate information, it is not possible to ensure completely that all information is infallibly correct. The materials contained on the server could include technical inaccuracies or typographical errors. As such, Sandviks HOP, Inc. does not accept any responsibility or liability for any actions taken as a result of using the Web site or any information contained on the Web site. Further, Sandviks HOP, Inc. assumes no responsibility for errors or omissions in the materials on the Web site. THESE 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, OR NON-INFRINGEMENT. Sandviks HOP, Inc. further does not warrant the accuracy or completeness of information, text, graphics, links, or other items contained within these materials. In no event shall Sandviks HOP, Inc. be liable for any damages of any kind whatsoever, including damages resulting from loss of use, data, or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use of the materials. The materials are subject to change without notice and do not represent a commitment of Sandviks HOP, Inc.
All products and services referenced are provided subject to any applicable tariffs and any accompanying terms and conditions.
- Redemption. Gift Certificates must be redeemed through the Hooked on Phonics Web site, www.hookedonphonics.com, toward the purchase of eligible products. Purchases are deducted from the Gift Certificate balance. Any unused balance will be placed in the recipient’s Gift Certificate account when redeemed. If an order exceeds the amount of the Gift Certificate, the balance must be paid with a credit card or other available payment method. To redeem or view Gift Certificate balances, visit “My Account” on www.hookedonphonics.com.
- Gift Certificates are valid for U.S. residents only.
- Gift Certificates may not be used for the purchase of Hooked on Phonics eBay auctions.
- Gift Certificates cannot be used to purchase other Gift Certificates.
- Gift Certificates cannot be reloaded, resold, transferred for value, redeemed for cash or applied to any other account, except to the extent required by law. Unused Gift Certificate balances in a hookedonphonics.com account may not be transferred.
- Risk of Loss. The risk of loss and title for Gift Certificates pass to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable. We are not responsible for lost or stolen Gift Certificates.
- Fraud. Hooked on Phonics will have the right to close customer accounts and request alternative forms of payment if a fraudulently obtained Gift Certificate is either redeemed through the Hooked on Phonics Web site or is redeemed and used to make purchases on the Hooked on Phonics Web site.
- Limitation of Liability. SANDVIKS HOP, INC. AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CERTIFICATES, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CERTIFICATE CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CERTIFICATE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS .
- Arbitration. Any dispute relating in any way to Hooked on Phonics Gift Certificates shall be submitted to confidential arbitration in Danbury, CT, except that, to the extent you have in any manner violated or threatened to violate Hooked on Phonics’ intellectual property rights, Sandviks HOP, Inc. may seek injunctive or other appropriate relief in any state or federal court in the State of Connecticut, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
- General Terms. Hooked on Phonics Gift Certificates are issued by Sandviks HOP, Inc., a Connecticut corporation. By visiting www.hookedonphonics.com, you agree that the laws of the State of Connecticut, without regard to principles of conflict of laws, will govern these Gift Certificate terms and conditions. Sandviks HOP, Inc. reserves the right to change these terms and conditions from time to time in its discretion. All terms and conditions are applicable to the extent permitted by law.
The following are some of the trademarks and service marks of Sandviks HOP, Inc.: HOOKED ON PHONICS®, 1-800-ABCDEFG®, ABCDEFG®, DETECTIVE DOG®, HOOKED ON MATH®, HOOKED ON SCHOOL SUCCESS®, MULTIPLICATION STATION®, SKIP & SPIN®, SLAM & DUNK®, SPACE BINGO®, THE READING HEADQUARTERS®. Sandviks HOP, Inc. also claims trademark rights to other marks, which may not be explicitly listed. THESE MARKS ARE NOT TO BE USED WITHOUT THE EXPRESS WRITTEN PERMISSION OF Sandviks HOP, Inc. Other trademarks and service marks are the property of their respective owners. Reference to a company, product, service, or publication does not imply an approval or recommendation of that company, product, service, or publication.
Copyright © 2010 Sandviks HOP, Inc.
All rights reserved.
103 Mill Plain Road
Danbury, CT 06811
Permission is granted to download materials from this Web site for your informational and personal (i.e., non-commercial) use only, and is limited to one copy.
Any other reproduction or editing by any means, mechanical or electronic, without the express written permission of Sandviks HOP, Inc., is strictly prohibited.
You may refer to the URL of this Web site without limitation, but you may not link to this Web site without the prior written approval of Sandviks HOP, Inc.
Consent and Release
For adequate consideration received, you hereby give Sandviks HOP, Inc., and their direct and indirect subsidiaries and affiliates and those acting with its authority (collectively, “Sandviks HOP, Inc.”) the absolute, unrestricted, irrevocable and worldwide right, with respect to any information concerning you, including your name and biographical and employment information, and any photographic image made of you, or any work product created by you (including text material and photographs) (and whether digital or otherwise) (collectively, the “Information”):
(a) To display, reproduce, broadcast, publish, edit, modify or prepare derivative works or otherwise use the Information, in whole or in part, individually or in conjunction with or as a composite of other photographs or other matter including text, data, images, illustrations, animation and graphics, and video or audio segments of any nature, on any of Sandviks HOP, Inc.’s marketing materials, web sites or in any other public or private medium, including all formats of print, computer readable electronic, magnetic, digital, laser or optical based media (the “Work”) and for any purpose whatsoever, including (but not limited to) product promotion and advertising (the “Permitted Uses”);
(b) To register the copyright of the Information and any Work in Sandviks HOP, Inc.’s name or any other name that it may choose; and
(c) To use and permit your name to be used in connection with the Information and any Work, whether in original or modified form, as Sandviks HOP, Inc. so chooses. You hereby release and discharge Sandviks HOP, Inc. its agents, employees, officers, stockholders, successors and assigns from any and all claims and demands you may now or hereafter have arising out of or in connection with the Permitted Uses of the Information or any Work, including, without limitation, any and all claims for the right of privacy, publicity, libel or slander and any and all claims and/or demands for royalties associated therewith.
IF YOU ARE A CALIFORNIA RESIDENT, IT IS EXPRESSLY UNDERSTOOD that Section 1542 of the Civil Code of California provides as follows: 1542. (Certain Claims Not Affected by General Release).
A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.
If in any way applicable, the parties agree that the benefits of the provisions of Section 1542 of the California Civil Code and any similar federal or state statute ARE HEREBY WAIVED by the parties and each of them acknowledge and agree that this release will be delivered in the state of California and that this waiver is an essential and material term of this release.
You agree that there shall be no obligation to utilize the authorization granted by you hereunder. The terms of this authorization shall commence on the date this Consent and Release is transmitted to Sandviks HOP, Inc. hereof and be without limitation.
This Consent and Release shall also inure to the benefit of the legal representatives, licensees and assigns of Sandviks HOP, Inc. as well as the person(s) who recorded or otherwise assisted in the publication of the Permitted Uses of the Information and any Work.
This Consent and Release will be governed by the laws of the State of Connecticut.