FIRST STEP PHONICS® TERMS AND CONDITIONS OF USE
By visiting CPI/FSP websites, you agree that the laws of the state of Nevada, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and CPI/FSP.
COPYRIGHTS AND TRADEMARKS
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of Crush Publishing, Inc. and First Step Phonics or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Crush Publishing, Inc. and First Step Phonics and protected by U.S. and international copyright laws.
Crush Publishing, Inc. and First Step Phonics are registered trademarks, and the Crush Publishing, Inc. and First Step Phonics logos and other marks indicated on our site are trademarks of Crush Publishing, Inc. in the United States and/or other countries. Other Crush Publishing, Inc. and First Step Phonics graphics, logos, page headers, button icons, and service names are trademarks or trade dress of Crush Publishing, Inc. and First Step Phonics. Crush Publishing, Inc. and First Step Phonics’ trademarks and trade dress may not be used in connection with any product or service that is not Crush Publishing, Inc. or First Step Phonics, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Crush Publishing, Inc. and First Step Phonics. All other trademarks not owned by Crush Publishing, Inc. and First Step Phonics that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Crush Publishing, Inc. and First Step Phonics.
This policy stands unless otherwise agreed in writing between CPI/FSP and customer.
Before any product is returned, you must email email@example.com to obtain a return code. This code must be on the outside of the box, as well as inside of the box. The inside number must be on an 8.5 x 11 sheet of paper and must be legible. Orders that do not have the code clearly marked on the outside of the box may not be accepted.
First Step Phonics provides free shipping on most orders and therefore will not take responsibility for costs of return shipping on orders that received free shipping. However, once product is returned and arrives at above address, refund for the cost of the product will be initiated, providing the product is in expected condition. Please allow several days to see the credit to your account.
All returns must be received at P.O. Box 6088, Gardnerville, NV 89460 within 30 days of purchase. If product arrives to purchaser damaged, Crush Publishing, Inc. must be notified within 10 days of receipt of product by emailing firstname.lastname@example.org. If purchaser desires to return product for any other reason, only undamaged and unused product will be accepted.
SHIPPING AND HANDLING
At this time, CPI/FSP uses the United States Postal Service exclusively for shipment of all products.
MENTAL HEALTH INFORMATION AND DISCLAIMER
CPI and FSP make no claims or diagnoses as to mental health or such disorders as dyslexia or any other learning disabilities. CPI/FSP make no claims as to Company’s ability to cure or resolve any of the above or similar disabilities.
LICENSE AND SITE ACCESS
Crush Publishing, Inc. and First Step Phonics grant you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of CPI/FSP. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of CPI/FSP. This license does not include any resale or commercial use of this site or its contents or any derivative use of this site or its contents.
Robots and Screen Scraping: You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on this site, except with our express written consent as noted below.
Framing: You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of CPI/FSP without express written consent.
Meta Tags: You may not use any meta tags or any other "hidden text" utilizing CPI/FSP name or trademarks without the express written consent of CPI/FSP. Any unauthorized use terminates the permission or license granted by CPI/FSP.
Linking to CrushPublishing.com or FirstStepPhonics.com: You are granted a limited, revocable, and nonexclusive right to create a hyperlink to CPI/FSP websites, so long as the link follows our linking guide and does not portray CPI/FSP or its services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any CPI/FSP logo or other proprietary graphic or trademark as part of the link without express written permission except as outlined in this Terms and Conditions of Use.
Your Account: If you have registered with CPI/FSP or subscribed to CPI/FSP, you are responsible for maintaining the confidentiality of log-in information and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED BY Crush Publishing, Inc and First Step Phonics ON AN "AS IS" AND "AS AVAILABLE" BASIS. Crush Publishing, Inc and First Step Phonics MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. Crush Publishing, Inc and First Step Phonics RESERVE THE RIGHT TO WITHDRAW OR DELETE ANY INFORMATION FROM THIS SITE AT ANY TIME AT ITS DISCRETION.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Crush Publishing, Inc. or First Step Phonics DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Crush Publishing, Inc. and First Step Phonics DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Crush Publishing, Inc or First Step Phonics ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Crush Publishing, Inc. and First Step Phonics WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
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.
Liquidated Damage Provision: For good and justifiable consideration, the parties to this contract do hereby agree to a liquidated damage provision of the cost of the product purchased. The cost of the product is set based on this provision.
Mandatory Mediation Agreement: The contracting parties agree to select a mediator and complete mediation before any litigation is demanded or filed. The moving party must send a demand for mediation in writing, return receipt request, and responding party has 30 days to respond. If the moving party doesn’t comply with the above, the moving party forfeits all rights to attorney fees, expert fees, and all costs.
If the moving party complies and responding party does not comply with these terms, the responding party forfeits all attorney fees, expert fees and costs. If both parties comply, a mediator with knowledge of the consumer industry will be selected by the parties. If parties can’t agree, a motion can be filed and a court will appoint mediator. Both parties share the costs of mediator as a recoverable cost.
Attorney Fees: If any action in law or equity is filed by any party to this agreement, the prevailing party shall be entitled to attorney fees, costs and all expenses including experts, conditioned on compliance with the mediation and arbitration clauses.
Mandatory Binding Arbitration Clause: Assuming that all terms and conditions of the Mediation Clause have been complied with, waived, or lost, the parties to this contract are required to complete the binding arbitration. If one party refuses, that party waives all rights to attorney fees, costs and expert fees. Should the parties not agree on an arbitrator, either part can file a motion with the court and have the court appoint the mediator. The same requirements of a mediator apply to the arbitrator even if appointed by the court. The decision of the mediator is final.
The parties have the right to the same discovery as if the parties were in court. The parties agree to voluntarily waive all rights to a trial by jury or judge as well as any actions for punitive damages. All notices of binding arbitration must be served in the same manner set forth in the “Mandatory Mediation Clause.” Any party failing to comply waives all rights to attorney fees, costs and expert fees. Decision of the arbitrator is final and without right of appeal. The arbitrator is to hear all post arbitration motions (attorney fees, costs, etc.).
Any dispute relating in any way to your visit to CrushPublishing.com or FirstStepPhonics.com or to products offered by or through CrushPublishing.com or FirstStepPhonics.com in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $5,000 shall be adjudicated in any state or federal court in Douglas County, Nevada, and you consent to exclusive jurisdiction and venue in such courts.
FULL AND COMPLETE AGREEMENT: By using our services or purchasing our products, you consent to all of the above. This Terms and Condition represents the entire agreement between you and Crush Publishing, Inc. and First Step Phonics. No oral agreements, understandings, or representations shall change, modify or amend any part of this Agreement. No change or modification shall be enforceable against any party unless such change or modification is in writing and signed by the parties and supported by valid consideration. If any part of this Terms and Condition is declared by law to be unlawful or not enforceable, the remaining provisions will stay in force. This Agreement shall be binding upon and inure to the parties hereto and their spouses, heirs, executors, administrators, successors, assigns, and representatives of any kind whatsoever.
OUR MAILING ADDRESS:
Crush Publishing, Inc.
P.O. Box 6088
Gardnerville, NV 89460