Privacy
1.  Children's Privacy
2. Third Party Sales
3. Cookies
4.  Email and U.S. Mail

Security
1. Secured Socket Layer

Legal
1.  Terms of Agreement
2. Health and Safety
3. Payment/Exchange/
Return Policy
4. Copyright/Trademark Rights
5. Submissions to KidsTalk.com™
6.  Links
7. Disclaimer
8.  Indemnification
9. Liability
10. Jurisdiction
11.  Termination

PRIVACY

1. Children’s Privacy:  KidsTalk.com™ welcomes children to
visit our website as there are many fun, free activities for
them to participate in and enjoy without having to share               
their personal identification information.  We do, however,
specifically request that children be 18 years old or older
and/or obtain parent/guardian written permission to: 
            1. order any/all KidsTalk.com™ products 
            2. send unsolicited personally identifiable information
                to KidsTalk.com™.   
2. 3rd Party Sales:  Under no circumstance will KidsTalk.com™
sell or give away to a 3rd party – you or your child’s – personal
identifying information.  Not ever.  We request your personally
identifiable information (first and last name, street address,
phone number and, email address) for the sole purpose of
completing your purchase transaction (billing and shipping
information requirements).  If you do not wish to provide
the billing/shipping information requested, simply log off
our site and your order will be terminated.
3.

Cookies:  To maintain a consistently top quality website for
our visitors and shoppers to enjoy, KidsTalk.com™ through
the use of non-personally identifiable bits of computer
information called cookies, monitors which of our web pages
appear to be our visitor’s favorites and which may need a bit
of improvement.  These cookies are totally anonymous and
will never be used to identify our visitors and shoppers.

If you are uncomfortable with the terms of our use of
cookies, most browsers can be reset to refuse their use.
However, if you disable this feature, certain aspects of
KidsTalk.com™, such as the shopping basket, will not
function properly.
4. Email and U.S. Mail Newsletters:  From time to time, we send
our customers email and/or U.S. mail newsletters with new product announcements, special promotions, new activities for children etc.
When you make a purchase with us, we automatically place you
on our email/U.S. mail list unless you specify otherwise.  Please
notify us if you wish to be removed from our email/U.S. mail list.
Please be assured, KidsTalk.com™ does not participate in
spam email.

SECURITY

1. Secured Socket Layer (SSL):  KidsTalk.com™’s TOP PRIORITY
is to ensure that all personally and non-personally identifiable
information we receive through the use of our website is secure
against unauthorized access.  However, as an internet user,
please be advised that no data transmitted over the internet can
be guaranteed to be l00% secure.  Your use of the internet,
browsing, and/or shopping is done so at your own risk.  That said
however, KidsTalk.com™ uses state-of-the-art software utilizing
the industry standard Secured Socket Layer (SSL) encryption
for all credit card transactions.  Your scrambled credit card
information can only be decoded by Hermando.com™.

LEGAL 

1.

Terms of Agreement:   KidsTalk.com™ is offered to you solely upon your acceptance of all provisions in the following agreement.  By accessing and using KidsTalk.com™, you agree to abide by all
provisions of this agreement.  If you cannot, please do not browse, visit, use, order or shop at KidsTalk.com™.  Thank you.
2.

Health and Safety:  KidsTalk.com™ offers only top quality products to include:  lessons, stickers, pencils, crayons, pencil pouches, suckers, pin-on-buttons, plastic storage boxes, and miscellaneous paper enclosures.  All use of these products is at the purchaser’s sole discretion and health/safety risk particularly in regard to the use and/or consumption of: 

  1. the sharp Club button-pin closure 
  2. sugar sucker on paper stick 
  3. pencil –sharpened/unsharpened
  4. plastic storage bags 
  5. pencil pouch zipper closure
  6. sticker adhesives
  7. non-toxic Crayola crayons 
3.

Payment-Exchange-Return Policy:  ALL SALES OF KIDS TALK!® LESSON VARIETY SNAP-PACKS ARE FINAL.   No Exceptions.  I understand and agree that to assist me in my purchase decision, KidsTalk.com™ offers a FREE, complimentary ‘Try Before You Buy’ assortment of KIDS TALK!® Lessons.  It is at my sole discretion to/or not to download, print, and try one or/all of these free KIDS TALK!® Lessons prior to purchasing one or more KIDS TALK!® Lesson Variety Snap-Packs.

I understand and agree that should I, in the unlikely event, receive a damaged Snap-Pack, I must return the damaged product to KidsTalk.com™ within 30 days from the date on my             KidsTalk.com™ invoice.  I will receive an exchange only KIDS TALK!® Lesson Variety Snap-Pack of the same number.  I will be reimbursed for my return damaged-exchange shipping fees.  

All other KidsTalk.com™ products (not including KIDS TALK!® Lesson   Variety Snap-Packs) will be accepted for an exchange      and/or full refund (less shipping and handling). To be eligible for a refund (less shipping and handling), and/or exchange of all other KidsTalk.com™ products, my order must be returned in its original, ‘mint’, resale condition, (i.e. no tears, smudges, creases, stains), within 30 days from the date on my KidsTalk.com™ invoice.

If I should return any/all of my order (not including KIDS TALK!® Variety Snap-Packs) in a condition unsuitable for resale and/or past the 30 days from the date on my KidsTalk.com™ invoice, I will receive an exchange and/or credit only. No exceptions.

Purchase Order Payments: Payment in full is required 30 days upon receipt of your order.

 
4.

Copyright-Trademark Rights:  Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written text and other materials that are part of the Site (collectively, the “Contents”) are copyrights, trademarks, and/or other intellectual properties owned, controlled or licensed by KidsTalk.com™ (collectively hereinafter referred to as “HC”).  The Site as a whole is protected by copyright, all worldwide rights, titles and interests in and to which are owned by HC.  The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial use by the users of our Site.  You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only provided you do not modify, obscure, or delete any copyright or other proprietary notices on this site.  No further reproduction, posting, republishing, uploading, transmission or distribution, by any method or means is permitted.  No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying.

You may not reproduce (except as noted above), publish, transmit, distribute,  display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.

Any rights not expressly granted herein are reserved to HC © KidsTalk.com™ ALL RIGHTS RESERVED.  The following is a current listing of United States Trademarks owned by KidsTalk.com™.  Those followed by ® are registered trademarks of KidsTalk.com™; all others are trademarks of KidsTalk.com™.

                  Effective:  July 20, 2000

KidsTalk.com™
KIDS T.A.L.K.!® Teach Articulation and Language to Kids
Hermando’s SCHOOL IS COOL! Club™ 
 Hermando’s SCHOOL IS COOL! Club™ NEWS
THE GOOFY ‘GATOR’S GIGGLES and GAMES™
Hermando’s TWO STAR DUDES™ Stickers
Sweet Success™  suckers
Write It Right!™ pencils
The Wander Waddle™ 
Inspector Fudge™ 
The Mega-Muscle Men™
Mrs. Twiggles™ 
Court Jester Lester™ 
Lady Loverly Lips™ 
Pester™
Norton Periwinkle™ 
Moonship Voyager™ 
Hermando™ 
Starship Orbitor™ 
Puddles™ 
The Silent Enforcer™ 
Tweeker™ 
Socks™ 
The Creature™ 
Nancy Knee-Highs™ 
The Rocketman™  
Buddy™ 
Ben™ 
Croaker™ 
Ribbit™
Molly™ 
Ana™ 
5.

The Submission:  All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to HC on, by, or through this Site or otherwise disclosed, submitted or offered in connection with your use of this site (collectively, “Comments) shall be and remain HC property.  Such disclosure, submission or offer of any Comments shall constitute an assignment to HC of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, HC will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments.  HC is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

Any creative ideas, suggestions, designs, artwork, materials and communications you send to this Internet site or otherwise to HC by electronic mail are on a non-confidential basis, and HC is under no obligation to refrain from reproducing, publishing or otherwise using them in any way for any purpose.

HC shall be free to use the content of any such communications, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose, including the developing, manufacturing and/or marketing of goods or services.  You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s).  You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material.  You are and shall remain solely responsible for the content of any Comments you make.  You agree that HC may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal you identity.  
6. Links To Other Websites And Service:  To the extent that this Site contains links to outside services and resources, the availability and content of which HC does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.
7. The Disclaimer:  This site and all contents of the site are provided on an ‘as is’ basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of  merchantability or fitness for a particular purpose.  You acknowledge, by your use of the site, that your use of the site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our site, and that HC shall not be liable for any damages of any kind  related to your use of this site.
8. The Indemnification:  You agree to defend, indemnify and hold HC harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of this Site.
9. The Limitation of Liability:  The information presented here has be compiled by HC from internal and external sources.  However, no representation is made or warranty given as to the completeness or accuracy of such information.  In particular, you should be aware that this information may be incomplete, may contain errors or may have become out of date.  You should therefore verify information obtained from this Site before you act upon it.  HC shall not be liable for any damages or injury resulting from your access to, or inability to access this Internet Site or from your reliance on any information provided in the site.  HC shall not be held liable for any physical damages or injury resulting from your access to, purchase or, use of and/or consumption of any/all KidsTalk.com™ products to include:  lessons, stickers, suckers, pencils, crayons, pin-on buttons, pencil pouches with plastic/metal zipper closures, plastic storage boxes, plastic storage bags, student folders with metal clasps, and miscellaneous paper enclosures.
10.

The Jurisdiction:  Unless otherwise specified, this Site and the Contents thereof are displayed solely for the purpose of promoting HC’s products and services available in the United States and select foreign markets.

This Site is controlled and operated by HC and/or its assigns, from its offices in Seattle, Washington.  Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.  This Agreement shall be constructed in accordance with the laws of the State of Washington, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of Washington, King County. 
11.  Termination:  This Agreement is effective unless and until terminated By KidsTalk.com™.  HC may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in HC’s sole discretion you fail to comply with any term or provision of this agreement. Upon any termination of this Agreement by either you or HC, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.  If any provision of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.  

This Agreement constitutes the entire agreement between you and HC  with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and HC with respect to the Site.  A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as  other business documents and records originally generated and maintained in printed form.