Sign It ASL Terms of Service Agreement
Last updated: January 13, 2021
This Sign It ASL Terms of Service Agreement (“Agreement”) is between you and Two Little Hands Productions LLC. (for the purposes hereof, “Two Little Hands LLC,” “Sign It ASL,” “we” or “us”). The Agreement governs your use of “Sign It ASL,” an online platform that allows consumers like you to view instructional videos, take quizzes, and other course related pieces (“Programs”) from content producer, owner and licensor, Two Little Hands Productions (“Producers”) through the www.signitasl.net website and other applications that we provide.
Notice: Section 10 of this Agreement contains a mandatory ARBITRATION AGREEMENT. By using Sign It ASL, you agree that any claims you may have against Two Little Hands Productions LLC relating to the Sign It ASL program must be ARBITRATED, and you waive the right to (1) assert claims against Two Little Hands Productions LLC in court; (2) participate in a class action; and (3) have a jury hear your case.
By creating an account, viewing videos, participating in course materials, making a purchase, downloading applications that we provide, or otherwise visiting or using the Sign It ASL program, you accept this Agreement and consent to contract with us electronically.
We may update this Agreement by posting a revised version on our website. By continuing to use the Sign It ASL Service, you accept any revised Agreement.
You may terminate the Agreement at any time by deleting your account. We reserve the right to suspend or terminate your account for your breach of the terms hereof. If Two Little Hands Productions deletes your account for breach, you may not re-register. In the event of any termination or expiration of the Agreement, the following sections will survive: Section 7 (Disclaimers), Section 8 (Limitation of Liability), Section 9 (Indemnification), Section 10 (Arbitration Agreement; Jury Waiver; Class Action Waiver), and Section 11 (General Provisions).
Registration: You must create an account to use features we offer (e.g., to access a Course). To do so, you must provide an email address.
Age Requirements: You may not create a master/main account if you are younger than 13 years of age. By creating an account, you represent that you are at least 13 years of age, and, to the extent required by law, you have the permission of a parent or guardian to create an account and use the Sign It ASL Service. Those younger than 13 years of age may use Sign It ASL through the account set up by a parent, guardian, or Group Service. The user name is chosen and authorized by the parent or guardian. A valid email address is required.
Group Services: We provide options for schools, institutions, homeschool co-ops, and other larger groups to purchase site licenses. Those with site licenses may distribute login information to users who may be under 13 years of age as long as information is not supplied to us that violates the Children’s Online Privacy Protection Act (COPPA),
Parents and Guardians: By granting your child permission to use the Sign It ASL Service through your account, or an account set up through an Educational or other Sign It ASL Group site license account, you agree and understand that you are responsible for monitoring and supervising your child's usage. If you believe your child is using your account and does not have your permission, please contact us immediately so that we can disable access.
Account Security: You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials. If you become aware of unauthorized access to your account, you must change your password and notify us immediately at email@example.com.
4. Program Viewing and Purchase Options
Sign It ASL is offered with the following purchase options:
Purchase: Sign It ASL lessons may be purchased for individual use. These course lessons are intended for one individual. Quizzes keep track of one user.
Groups: Options are available for site-licensing for educational institutions, homeschooled students, families that have more than one user, etc. Site-licenses are a one-year license and must be renewed each year. Site-licenses do not renew automatically.
To make a purchase, you must provide a valid payment method. We may apply taxes, including VAT (value-added tax), to any charges. Prices and other terms of purchase are subject to change. If you access Sign It ASL on a free basis, such access will be deemed a “purchase” for the purpose of this Agreement.
ALL PURCHASES ARE FINAL AND NON-REFUNDABLE.
Free trials and Discounts: You may be offered a free or discounted product. There is no monetary value on these free products and no refunds or exchanges will be made. Discounted products are not refundable.
5. Licenses and Intellectual Property
License to Programs: Subject to the terms hereof, you have the right to stream and use the course for program content that you have purchased.
Restrictions: Individual licenses may not be resold, rented, sub-leased, leased, shared, redistributed, retransmitted, publicly performed or displayed. You may not make derivative works from the Program.
Site License Restrictions: Subject to the terms hereof, Two Little Hands Productions grants you permission to use the Sign It ASL Platform for the purpose of using the Program for educational purposes. Individual Licenses within the Site License may not be sold or re-sold.
6. Acceptable Use Policy
6.1 Copyright Policy
Sign It ASL is copyrighted material. If there are any copyright infringements, a takedown notice will be issued and we will terminate the accounts of persons who infringe.
6.2 Code of Conduct
In using Sign It ASL, you may not: use offensive login names or avatars, impersonate others, harass others, stalk others, distribute spam, collect others information, perform illegal acts or cause others to perform offensive, deceitful or illegal acts.
6.3 Prohibited Technical Measures
You will not except as authorized by law or as permitted by us: scrape, reproduce, redistribute, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of the Sign It ASL Service; or attempt to circumvent any of our security, rate-limiting, filtering, or digital rights management measures; submit any malicious program, script, or code; submit an unreasonable number of requests to our servers; or take any other actions to manipulate, interfere with, or damage the Sign It ASL Service.
6.4 Restricted Users
You may not create an account if you are a member of a terror or hate group. You may not purchase any goods or services from us if you reside in a country subject to a comprehensive U.S. sanctions program or are a Specifically Designated National (SDN) as designated by the U.S. Department of the Treasury.
YOUR USE OF THE SIGN IT ASL SERVICE AND PROGRAM IS AT YOUR OWN RISK. TWO LITTLE HANDS PRODUCTIONS PROVIDES THE SIGN IT ASL SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TWO LITTLE HANDS PRODUCTIONS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Without limiting the above, Two Little Hands Productions makes no representations or warranties concerning: the availability of the Sign It ASL Service in a particular jurisdiction; the availability of the Sign It ASL Service for any particular device, operating system, or browser; the continued support for a particular feature of the Sign It ASL Service; the viewing quality of any Program; the content of Sign It ASL or the suitability of Sign It ASL for any audience; or the continued availability of Sign It ASL. The Program may be withdrawn at any time without notice. Two Little Hands Productions does not guarantee that you will be able to use the Sign It ASL Service at all times, or view the Program uninterrupted, error-free or displayed at any particular resolution.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TWO LITTLE HANDS PRODUCTIONS, SIGN IT ASL, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND PARTNERS (INCLUDING PRODUCERS) SHALL NOT BE LIABLE FOR (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES; (II) DAMAGES RELATING TO ANY DISPUTE BETWEEN YOU AND A PRODUCER OR OTHER SIGN IT ASL USER; OR (III) DAMAGES EXCEEDING THE GREATER OF USD $100 OR THE AMOUNTS PAID BY YOU TO TWO LITTLE HANDS OVER THE 12 MONTHS PRECEDING THE FILING OF YOUR CLAIM.
The foregoing limitations apply to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not Two Little Hands Productions has been informed of the possibility of such damage, and whether a remedy set forth herein is found to have failed its essential purpose. Some jurisdictions may not allow the exclusion of certain warranties or the exclusion or limitation of liability as set forth above, so these limitations above may not apply to you.
You shall indemnify, defend, and hold harmless Two Little Hands Productions and its parent, directors, officers, employees, representatives, consultants, agents, suppliers, and partners from any liability, claim, demand, damages, losses, and costs (including attorneys’ fees) arising from: (i) your unauthorized use of the Program; (ii) your breach of this Agreement or violation of any law or third-party right; or (iii) any content that you upload or submit to us.
10. Arbitration Agreement; Jury Waiver; Class Action Waiver
This Section 10 sets forth a binding arbitration agreement between you and Two Little Hands Productions (the “Arbitration Agreement”). In this Arbitration Agreement, you agree: to arbitrate all claims relating to the Sign It ASL Service; to waive your right to a trial by jury; and to waive any right to proceed on a class basis in arbitration or otherwise.
10.1 Arbitration Agreement
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), or your use of the Sign It ASL Service shall be BINDING ARBITRATION using an arbitrator as selected by Two Little Hands Productions and the rules and procedures selected by the arbitrator.
10.2 Location of Hearing
The arbitration hearing (if any) shall take place in Salt Lake City, State of Utah, United States of America.
10.3 Class-Action Waiver
EACH PARTY WAIVES ITS RIGHT TO GO TO COURT, TO A TRIAL BY JURY, AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY CLAIM SUBJECT TO ARBITRATION.
10.4 Exception for Small Claims Court Matters
Notwithstanding the above, each party has the right to bring an individual claim against the other in a small claims court of competent jurisdiction in Utah. If one party files an arbitration that could be litigated in such a small claims court, the responding party may request that the dispute proceed in small claims court. If the responding party requests to proceed in small claims court before the appointment of the arbitrator, the arbitration shall be administratively closed. If requested after the appointment of the arbitrator, the arbitrator shall administratively close the arbitration so long as the proceedings are at an early stage and no hearing has occurred.
10.5 Jurisdiction and Venue
The Federal Arbitration Agreement (“FAA”) shall govern this Arbitration Agreement. To the extent not preempted or inconsistent with the FAA, the choice of law provisions in Section 11 are incorporated and are applicable to this Arbitration Agreement. Any arbitration award may be entered in a court of competent jurisdiction.
11. General Provisions
Choice of Law: Any disputes relating to this Agreement or your use of the Sign It ASL Service will be governed by the laws of the State of Utah and the United States of America (with respect to matters subject to federal jurisdiction such as copyright), without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
Choice of Venue for Litigation; Jury Trial Waiver: Any proceeding to enforce the Arbitration Agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that the Arbitration Agreement is for any reason held to be unenforceable, any litigation (except for small-claims court actions) shall be commenced only in the federal or state courts located in Salt Lake County, Utah. You hereby irrevocably consent to the exclusive jurisdiction of those courts for such purposes and, to the extent permitted by law, both Two Little Hands Productions and you WAIVE ANY RIGHT TO A TRIAL BY JURY in such an action.
No Waiver: The failure of Two Little Hands Productions to exercise or enforce any term of this Agreement will not constitute a waiver of such term.
Provisions Severable: If any term of this Agreement is held invalid or unenforceable, that term will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining terms will remain in full force and effect.
No Third Parties: No third parties shall have any rights under this Agreement, except that indemnified parties may enforce indemnification rights.
Force Majeure: Two Little Hands Productions shall not be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; natural disasters; wars; civil or military disturbances; sabotage; strikes; epidemics; riots; power failures; computer failure; loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes, acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation.
U.S. Export Compliance: You may not use the Sign It ASL Service if (i) you are personally subject to U.S. government sanctions or (ii) you are located in a country that is subject to U.S. Government sanctions such that your use of the Sign It ASL Service would violate U.S. law. You represent and warrant that you are not subject to such sanctions.
Entire Agreement: This Agreement sets forth the entire understanding between you and Two Little Hands Productions concerning your use of the Sign It ASL Service and supersedes all prior agreements regarding the same. This Agreement may only be modified by us. Any changes will be posted to the Sign It ASL website and will apply prospectively.
Contact Us: If you have any support questions, please contact us at firstname.lastname@example.org. You must send any notices of a legal nature to us at:
Two Little Hands Productions
Attention: Legal Department
P.O. Box 9132
Midvale, UT 84047