This My Signing Time Terms of Service Agreement (“Agreement”) is between you and Gengage Inc d.b.a. "Signing Time" (for the purposes hereof, "Signing Time", “Two Little Hands,” “My Signing Time,”, “mysigningtime.com” “we” or “us”). The Agreement governs your use of “My Signing Time,” an online platform that allows consumers like you to view educational videos, access PDF guides, music, and other program pieces (“Programs”) from content producer, owner and licensor, Gengage Inc. (“Producers”) through the www.mysigningtime.com website, My Signing Time App, and other applications that we provide.
Notice: Section 10 of this Agreement contains a mandatory ARBITRATION AGREEMENT. By using My Signing Time, you agree that any claims you may have against us relating to the My Signing Time program must be ARBITRATED, and you waive the right to (1) assert claims against us in court; (2) participate in a class action; and (3) have a jury hear your case.
By creating an account, viewing videos, making a purchase, downloading applications that we provide, or otherwise visiting or using the My Signing Time 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 My Signing Time 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 Signing Time 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 content). 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 My Signing Time Service. Those younger than 13 years of age may use My Signing Time 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 groups to purchase and use My Signing Time content in an educational setting. Those using My Signing Time for teaching purposes may not distribute login information but are allowed to have others view the information in their account to others, including those 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 My Signing Time Service through your account, or an account set up through an Educational or other Group 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 info@signingtime.com.
Please review our Privacy Policy to learn about the information we collect from you when you use the My Signing Time Service, how we use it, and with whom we share it.
4. Program Viewing and Purchase Options
My Signing Time is offered with the following purchase options:
● Purchase: Specific products may be purchased as sets. These products are located in the Titles Available to Own section. Once purchased, those products are available without a subscription to view.
● Subscription: Renewable monthly or annual My Signing Time Subscriptions may be purchased. Subscribers have immediate access to all new content added within the Subscription platform. If the subscription is canceled, access is no longer available.
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 My Signing Time on a free basis, such access will be deemed a “purchase” for the purpose of this Agreement.
ALL PURCHASES ARE FINAL AND NON-REFUNDABLE AFTER 30 DAYS
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.
License to Programs: Subject to the terms hereof, you have the right to stream and use the program content that you have purchased.
Restrictions: Individual purchases may not be resold, rented, sub-leased, leased, shared, redistributed, retransmitted, publicly performed or displayed. You may not make derivative works from the Program.
My Signing Time 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.
In using My Signing Time, 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.
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 My Signing Time 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 My Signing Time Service.
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 MY SIGNING TIME SERVICE AND PROGRAM IS AT YOUR OWN RISK. SIGNING TIME PROVIDES THE MY SIGNING TIME SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SIGNING TIME 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, we make no representations or warranties concerning: the availability of the My Signing Time Service in a particular jurisdiction; the availability of the My Signing Time Service for any particular device, operating system, or browser; the continued support for a particular feature of the My Signing Time Service; the viewing quality of any Program; the content of My Signing Time or the suitability of My Signing Time for any audience; or the continued availability of My Signing Time. The Program may be withdrawn at any time without notice. Signing Time does not guarantee that you will be able to use the My Signing Time Service at all times, or view the Program uninterrupted, error-free or displayed at any particular resolution.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GENGAGE INC, TWO LITTLE HANDS PRODUCTIONS, MY SIGNING TIME, SIGNING TIME, 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 Signing Time 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 Signing Time 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.
This Section 10 sets forth a binding arbitration agreement between you and Signing Time (the “Arbitration Agreement”). In this Arbitration Agreement, you agree: to arbitrate all claims relating to the My Signing Time 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.
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 My Signing Time Service shall be BINDING ARBITRATION using an arbitrator as selected by Signing Time and the rules and procedures selected by the arbitrator.
The arbitration hearing (if any) shall take place in Salt Lake City, State of Utah, United States of America.
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.
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.
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.
Choice of Law: Any disputes relating to this Agreement or your use of the My Signing Time 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 Signing Time and you WAIVE ANY RIGHT TO A TRIAL BY JURY in such an action.
No Waiver: The failure of Signing Time 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: Signing Time 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 My Signing Time 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 My Signing Time Service would violate U.S. law. You represent and warrant that you are not subject to such sanctions.
Entire Agreement: This Agreement incorporates by reference the Signing Time Privacy Policy, and Copyright Policy. Except for links to these documents, links to pages on the My Signing Time website or any third party materials are for convenience only and do not form part of this Agreement.
This Agreement sets forth the entire understanding between you and Signing Time concerning your use of the My Signing Time Service and supersedes all prior agreements regarding the same. This Agreement may only be modified by us. Any changes will be posted to the My Signing Time website and will apply prospectively.
Offerings and products are 100% online/digital. We are unable to process returns or refunds once we've fulfilled the orders.
Contact Us: If you have any support questions, please contact us at info@signingtime. You must send any notices of a legal nature to us at:
Signing Time
Attention: Legal Department
P.O. Box 9132
Midvale, UT 84047