<b>AGREEMENT ON TERMS AND CONDITIONS FOR YOUR USE OF VOCABULARYSPELLINGCITY.COM'S SERVICES</b>
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This Agreement specifies the Terms and Conditions under which you may use VocabularySpellingCity.com's website.
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While SpellingCity.com ("VocabularySpellingCity") provides a free educational website, SpellingCity also offers a fee-based Premium Membership service for teachers and parents.  The specific features and benefits of Premium Membership include some ability to track the progress and performance of students using the site, record-keeping related to student's correct or incorrect spelling and vocabulary, access to Premium Games, the ability to assign tasks to students, and the online grading of student writing practice.  
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Your privilege of using the VocabularySpellingCity website (on either a free or paid basis) is contingent upon your contractual agreement to the terms of the following three documents posted for your review on this website:  <a href="http://www.spellingcity.com/privacy-policy.html">Privacy Policy</a>, <a href="http://www.spellingcity.com/usage-policy.html">Usage
Policy</a>, and <a href="http://www.spellingcity.com/copyright.html">Copyright Policy</a>. These terms define the legal relationship between you and VocabularySpellingCity for any and all use of this website.
Your use of the SpellingCity website constitutes and will be construed as your contractual agreement to these terms.
<strong>Do not use the website if you do not agree to these terms!</strong>
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Your use of the SpellingCity Premium Membership is governed by those three documents (which are incorporated herein by reference) plus the additional terms and conditions in this document.  Your subscription to and/or use of the SpellingCity record keeping service constitutes and will be construed as your agreement to all of these additional terms and conditions, under which SpellingCity undertakes to attempt to generate and maintain student records for a fee.
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1.  AGREEMENT TO THESE TERMS.  By checking the "I agree" box, you accept the terms of this Agreement and its three incorporated agreements (Policies) listed above regardless of whether you are a student, parent, tutor, teacher, administrator, school or other individual or entity.
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2.  DEFINITION OF THE VOCABULARYSPELLINGCITY FEE-BASED RECORD KEEPING SERVICE.  The SpellingCity record keeping service is a software-based system for parents, teachers and other educators to track the test results of students.  Students using the lists posted on VocabularySpellingCity that have the record keeping service activated can log in prior to taking their tests and, as a result,their results on their tests will be recorded.  The report of these records will be available duing the term (duration) of this Agreement.
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3.  DURATION OF SERVICE.  The term (duration) of this Agreement is for 12 months from the date that SpellingCity activates the service (the "Activation Date"). 
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4.  PAYMENT AND ACTIVATION.  A user is deemed to have paid SpellingCity when his check clears or when his credit payment has been received by SpellingCity's merchant account or bank account.
(a) For Paypal and credit card payment, the date of payment will be the Activation Date.
(b) For payments made by check and subscriptions initiated by purchase order ("PO"), the Activation Date will usually occur within one business day of SpellingCity's receipt of an acceptable check or PO.
(c) However, SpellingCity reserves the right to review POs and checks and to decide, at its sole discretion, whether to immediately activate service or to delay the Activation Date until SpellingCity actually receives the funds (e.g., when payment is received).
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5. REFUNDS. All payments to SpellingCity are non-refundable, unless written request for refund is received within 30 days of purchase date. 
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6.  SERVICE IS PROVIDED "AS-IS" WITH NO IMPLIED FITNESS.  VocabularySpellingCity provides its paid and free services on an "as-is" basis with no fitness implied for any use and no guarantee of reliability or durability.  As Premium Membership is a software-based service with ongoing updates based on user feedback, there may be problems of implementation or performance, commonly known as "bugs".  VocabularySpellingCity has limited resources and abilities to engineer, update, maintain, and optimize the system, so no guarantee of quality and reliability or fitness for any purpose can be made. 
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7.  STUDENT BEHAVIOR IS A FACTOR.  Students taking "tests" on VocabularySpellingCity.com are urged not to "peek" at their spelling lists and not to utilize other human or non-human resources when taking such tests. However, SpellingCity cannot assure student compliance with this request.  Therefore, VocabularySpellingCity cannot guarantee that the test scores represent an accurate assessment of student spelling or vocabulary skills.
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8.   INCORPORATED APPENDICES.  The following three documents are included as fully incorporated appendices in this document:
a.  VocabularySpellingCity Privacy Policy:    http://www.spellingcity.com/privacy-policy.html <br>
b.  VocabularySpellingCity Privacy Policy:    http://www.spellingcity.com/usage-policy.html <br>
c.  VocabularySpellingCity Copyright Policy:  http://www.spellingcity.com/copyright.html<br>
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9.    JURISDICTION.  The user of the site agrees that their use of the VocabularySpellingCity service, and any disputes or interpretations regarding it, should be governed by the laws and courts of Broward County, Florida, USA.  The user agrees that they will make all efforts possible to curtail any legal initiatives or mediation outside of the jurisdiction in favor of the courts, systems, and laws of Broward County, Florida.
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