Word Bank Universal

Terms of Service

Effective Date: June 20, 2016

Word Bank Universal's products and services are provided by Don Johnston Incorporated (“DJI” or "We" or "Us"). These Terms of Service (“Terms”) govern your access to and use of Word Bank Universal's website, products, and services (“Products”).

Agreeing to the Terms

By accessing or using Word Bank Universal, you agree to be bound by these Terms, Privacy Policy, and any applicable Organizational License Agreement.

  1. If you create an account on behalf of an Educational Institution, company, or other entity (“Organization”), then (a) “you” includes you and the Organization, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the Organization to these Terms, and that you agree to these Terms on the Organization’s behalf.
  2. If you are under the age of 18, you must have your parent or guardian read these Terms and agree for you, or have your teacher, professor, representative of school district/university (“Educator”) or Educational Institution read these Terms and agree for you. If you do not have consent from your parent, guardian, Educator, or Educational Institution, you do not have permission to use Word Bank Universal.
  3. If you are a parent, guardian, educator or Educational Institution and you consent for your child or student to create an account and use Word Bank Universal, you agree to be bound by these Terms.
  4. If you are under the age of 13 (“Child User”), you may not register any other other type of account other than a “Child Account” (set up by your parent or guardian) or a “Student Account” (set up by an Educator or Educational Institution).

Changes to the Terms of Use

We reserve the right to modify the Terms at any time, but you will be notified on Word Bank Universal’s login page or by some other means. We will not change the Terms in any material way without providing notice of the change via email to you (in the case of a Child User, to the Parent or Guardian; and in the case of a Student User, to the Educator User), and obtaining consent to any new uses. If you do not agree with the new terms, you may reject them, but you will need to terminate your account and/or stop using Word Bank Universal. Your continued use constitutes your acceptance of the new Terms.

Using Word Bank Universal

Account Registration and Security

As a condition to using Word Bank Universal, you must register for an account. Accounts can be created with a password and either a username or valid email address. Accounts can also be created through an Integrated Service such as, but not limited to, “Google Sign-In.”

You will provide true, accurate, complete, and updated account information. You may not select or use the name or email of another person without that person’s prior authorization. You are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account. If you learn of any unauthorized use of your account, contact us at support@donjohnston.com.

You may not transfer your account to anyone without express prior written consent of Don Johnston Incorporated. An account can be created for and accessed by a single individual only. You may not share an account with anyone without express prior written consent of Don Johnston Incorporated. Violation of any of the foregoing may result in immediate termination of your account, revocation of your ability to use Word Bank Universal, and may subject you to reimburse us for unauthorized accounts, pay for past use, state and federal penalties, and other legal consequences.

Don Johnston Incorporated reserves the right, but will have no obligation, to investigate your use of Word Bank Universal in order to determine whether a violation of the Terms has occurred or to comply with any applicable law, regulation, legal process or governmental request.

Integrated Service

Word Bank Universal permits you to register for an account through third party integrated services, such as, but not limited to, “Google Sign-in.” By registering with an Integrated Service, you agree that Don Johnston Incorporated may access your unique identifier provided by the Integrated Service and your registration information: your first name, last name, and email address.

Use by Children under 13 (Child User)

If you are a Child User, you may not create an account. You must either use a Child Account created through a Parent Account or a Student Account created through an Educator Account.

We do not collect personally identifiable information on Child Accounts. Collected information for Student Accounts are solely used for educational purposes by Educator(s) and Educational Institution(s).

We do not knowingly collect or solicit personally identifiable information from a Child User except in the following circumstance: We may collect personal information through Word Bank Universal from a Child User where that Child User’s Educational Institution and/or Educator has agreed to 1) obtain parental or legal guardian consent or 2) consent on the parent or guardian’s behalf for that Child User to use Word Bank Universal with a Student Account and disclose personal information solely for educational use.

If you are an Educational Institution or Educator, you represent and warrant that you are responsible for complying with The Children’s Online Privacy and Protection Act (“COPPA”). If we learn we have collected personal information from a Child User other than pursuant to the above, we will delete that information as quickly as possible.

Parent User

If you are at least 18 years of age and you are the legal parent or guardian of a child, you may register a Parent Account. As a Parent User, you may create, register, and manage Child User accounts only for your own child or children for whom you are a legal guardian. If you register a Child User, you represent and warrant that you are such Child User’s legal parent or guardian and you agree to be bound by the Terms on Behalf of such Child User.

Educator User

If you are at least 18 years of age and you provide education to students, you may register an Educator Account. Word Bank Universal makes available to Educators an educator, analyst, and administrator account that permits such Educator Users to register student accounts and/or review and evaluate educational data of such Student Users. You represent and warrant that you will use all information collected by Word Bank Universal solely to provide education-related services. You represent and warrant that you are responsible for complying with the Family Educational Rights and Privacy Act (“FERPA”) and The Children’s Online Privacy and Protection Act (“COPPA”). If you are an Educator User and you register an account for a Student User, you represent and warrant that 1) you have received express consent from such Student User’s parent or legal guardian for you to register the Student User and for you to provide Word Bank Universal the information you disclose in connection with the registration of such Student User, or 2) you are consenting on the parent or guardian’s behalf to provide Word Bank Universal the information you disclose in connection with the registration of such Student User solely for educational purposes.

Collection and Use of Personal Information

For information about Word Bank Universal’s policies and practices regarding the collection and use of personal information, please read Word Bank Universal’s Privacy Policy. The Privacy Policy is incorporated by reference and made part of these Terms. By agreeing to these Terms, you agree that your use of Word Bank Universal is governed by the Privacy Policy.

Subscriptions and Billing

Educator and Parent Users with Credit Card

Purchasing

After your free trial, you will not be charged unless you decide to purchase a subscription for Word Bank Universal. You pay only for the Student or Child Accounts you have set up.

Once purchased, you will be charged immediately for your first month of your subscription (often called pre-billing). You will be billed automatically every month until the subscription is canceled.

Adding More Students/Children

You may want to purchase the product for more students/children. We will automatically prorate the additional charges. You will not be charged immediately for the additional students/children: those charges will be reflected on the next invoice. Again, the plan changes impact the next invoice, which remains on the same billing cycle (as your plan will always have the same billing frequency). The prorated amount is calculated down to the second. We will calculate the differences between the two plans based on the exact time you added/removed students/children and their relation to the current billing period's start and end times.

Removing Students/Children

If you decide to remove students/children from your plan, you will receive a prorated credit, which will be reflected on the next invoice. The prorated credit is calculated down to the second. We will calculate the differences between the two plans based on the exact time you added/removed students/children and their relation to the current billing period's start and end times.

Canceling All Subscriptions

When you cancel all subscriptions, your card will not be charged again. Cancellation takes effect immediately. If your subscription was canceled partway through the billing period, you will not be credited a refund.

Failed Payments

If a payment fails, we will automatically retry. If it fails repeatedly, your subscription will be canceled.

Invoice Timing

An invoice is created at the end of the subscription's billing cycle.

Processing of Payments

We use Stripe, a third party electronic payment processor to process credit card transactions for payment of Word Bank Universal. You irrevocably authorize us to instruct Stripe to handle such transactions, and you irrevocably agree that we may give instructions on your behalf in accordance with your requests submitted within Word Bank Universal. You agree to be bound by the terms and conditions of Stripe, and in the event or conflict between these Terms and Stripe’s Terms, these Terms shall prevail.

Personal User with a Credit Card

Purchasing

After your free trial, you will not be charged unless you decide to purchase a subscription for Word Bank Universal.
Once purchased, you will be charged immediately for the first month of your subscription (often called pre-billing). You will be billed every month until the subscription is canceled.

Canceling Subscription

When you cancel your subscription, your card will not be charged again. Your subscription will be canceled at the end of the billing cycle. If your subscription was canceled partway through the billing period, you will be able to use the product for the remainder of the monthly billing period, but no money will be refunded.

Failed Payments

If a payment fails, we will automatically retry. If it fails repeatedly, your subscription will be canceled.

Invoice Timing

An invoice is created at the end of the subscription's billing cycle.

Processing of Payments

We use Stripe, a third party electronic payment processor to process credit card transactions. You irrevocably authorize us to instruct Stripe to handle such transactions, and you irrevocably agree that we may give instructions on your behalf in accordance with your requests submitted within Word Bank Universal. You agree to be bound by the terms and conditions of Stripe, and in the event or conflict between these Terms and Stripe’s Terms, these Terms shall prevail.

Organizational Accounts

You agree to pay DJI a license fee for the Initial Term based upon the current fee schedule as set forth in the Invoice. Prior to the end of the Initial Term, DJI shall, based upon the current fee schedule or as otherwise agreed to by the parties, invoice you the amount payable for the annual fee for each subsequent Renewal Term. To ensure continuity of service, you agree to pay the invoice amount prior to the end of the term.

If you cancel your subscription, you will not be invoiced again. Your subscription will be canceled at the end of the billing cycle. If your subscription was canceled partway through the billing period, you will be able to use the product for the remainder of the billing period, but no money will be refunded.

If you terminate for any reason prior to the end of the Initial or Renewal Term, your organization shall be liable to DJI for payment of all Fees through the entire Initial or Renewal Term.

Saving Sensitive Information

You agree to not save Protected Health Information (any information about one’s health status, provision of health care, or payment for health care), Cardholder Data (any information associated with one’s credit or debit card), Social Security Number, or Bank Account Information within Word Bank Universal. Data is transmitted securely through Secure Socket Layer (SSL) and is encrypted while at rest on our servers, but as a best practice you should avoid storing such information within Word Bank Universal. See the Privacy Policy for more information on what is saved on Word Bank Universal’s servers.

Miscellaneous

Contact Information

Don Johnston Incorporated welcomes your comments regarding the legal terms. If you have any questions or comments regarding the legal terms, please contact us electronically or via postal mail at the address provided below and Don Johnston Incorporated will use commercially reasonable efforts to promptly determine and remedy the problem.

Don Johnston Incorporated
Attn: Legal Department
26799 W. Commerce Drive
Volo, Illinois 60073
info@donjohnston.com Subject Line: Attn: Legal Department