Terms of service

OVERVIEW

TERMS OF SERVICE

OVERVIEW

Welcome to Spillman Speaks! The terms “we,” “us,” and “our” refer to Spillman Speaks. Spillman Speaks operates this store and website, including all related information, content, features, tools, products, and services provided to you through the website (collectively, the “Services”).

Spillman Speaks is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced within them, describe your rights and responsibilities when accessing or using the Services.

Please read these Terms of Service carefully. They contain important information about your legal rights, including warranty disclaimers and limitations of liability.

By visiting, interacting with, purchasing from, or otherwise using the Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not access or use the Services.

SECTION 1 – ACCESS AND ACCOUNTS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or jurisdiction of residence. You also represent that you have provided consent for any minor dependents under your care to use the Services on devices you own, purchase, or manage.

To use certain portions of the Services, including purchasing products or creating a customer account, you may be required to provide information such as your name, email address, billing information, payment information, and shipping address.

You represent and warrant that all information you provide is accurate, current, complete, and submitted with proper authorization.

You are responsible for maintaining the confidentiality and security of your account credentials and for all activity conducted through your account. You may not sell, transfer, assign, or license your account to another person.

We reserve the right to suspend or terminate accounts that contain false information, are used fraudulently, violate these Terms, or interfere with the Services.

SECTION 2 – OUR PRODUCTS AND SERVICES

We make reasonable efforts to provide accurate descriptions and representations of our products and services. However, colors, images, dimensions, and product appearance may vary depending on your device, screen settings, manufacturing processes, materials, and other factors.

We do not guarantee that every product will appear exactly as displayed on your screen or that every product or service will meet your personal expectations.

Product descriptions, prices, availability, features, and specifications may be changed without notice. We reserve the right to discontinue products or services at any time and to limit the sale of products or services to particular individuals, households, geographic regions, or jurisdictions.

We also reserve the right to limit quantities available for purchase.

Print-on-Demand Products

Certain physical products, including apparel, are made after an order is placed and fulfilled by third-party print-on-demand providers.

Colors, sizing, print placement, materials, and appearance may vary slightly due to garment variations, manufacturing processes, print methods, and differences in device displays. Minor variations that do not affect the intended function or overall quality of the product are not considered defects.

Customers are responsible for reviewing product descriptions, measurements, sizing charts, and care instructions before placing an order.

SECTION 3 – ORDERS

When you submit an order, you are making an offer to purchase products or services from Spillman Speaks. We reserve the right to accept, reject, limit, or cancel an order at our discretion, including in cases involving suspected fraud, pricing errors, product unavailability, payment issues, shipping restrictions, or violations of these Terms.

An order is not accepted until payment has been authorized and we have confirmed the order.

Please carefully review your products, quantities, sizes, colors, personalization details, billing information, and shipping address before submitting an order.

Cancellation requests may be submitted within 24 hours after purchase. However, cancellation is not guaranteed if the order has already entered production, fulfillment, or digital delivery. Once a made-to-order product has entered production, it generally cannot be canceled or modified.

If we reject, modify, or cancel an order, we will attempt to notify you using the email address, billing information, shipping address, or telephone number provided with the order.

Purchases are subject to our Return and Refund Policy.

You represent that products purchased through the Services are intended for your personal, household, educational, or authorized organizational use and not for unauthorized commercial resale, redistribution, or export.

SECTION 4 – DIGITAL PRODUCTS

Digital products sold through Spillman Speaks are delivered electronically and are not shipped as physical merchandise unless the product description specifically states otherwise.

Digital products may include planners, printable resources, storybooks, activity books, coloring books, worksheets, templates, educational downloads, bundles, and other electronically delivered materials.

Digital products are licensed, not sold, to the original purchaser for personal, noncommercial use unless a separate written license expressly permits another use.

You may not:

Share digital files with individuals who have not purchased them.
Upload digital products to public websites, file-sharing platforms, social media groups, shared drives, or online marketplaces.
Reproduce, redistribute, resell, sublicense, or give away digital products.
Modify digital products for resale or commercial distribution.
Remove copyright notices, branding, watermarks, or ownership information.
Claim any Spillman Speaks product, design, written content, illustration, or resource as your own.

Purchasing a digital product does not transfer ownership of its copyright, trademark, design, or other intellectual property rights.

Due to the immediate-access nature of digital products, digital purchases are final sale and are not eligible for returns, exchanges, or refunds after access or delivery has been provided, except where required by applicable law.

Customers are responsible for confirming device compatibility, software requirements, printer access, and access to a working email address before completing a purchase.

If you experience a technical issue accessing a purchased digital product, please contact us for assistance.

SECTION 5 – EDUCATIONAL AND INFORMATIONAL RESOURCES

Spillman Speaks books, planners, printables, activities, articles, downloads, and other resources are provided for general informational, organizational, and educational purposes.

These resources are not medical, psychological, behavioral, therapeutic, legal, financial, or educational-placement advice. They are not intended to diagnose, treat, cure, or prevent any medical, developmental, behavioral, or mental health condition.

Our products and content should not replace guidance, diagnosis, treatment, support, or services provided by qualified physicians, therapists, educators, attorneys, financial professionals, or other appropriate professionals.

Every child, individual, family, classroom, and situation is different. Customers and users are responsible for deciding whether a particular product, activity, strategy, or resource is appropriate for their individual circumstances.

Use of our products does not create a professional, medical, therapeutic, educational, or advisory relationship between you and Spillman Speaks.

SECTION 6 – PRICES, PAYMENTS, AND BILLING

Prices, discounts, promotions, product availability, and special offers may change without notice.

The price charged for a product or service will be the price displayed when the order is submitted and will appear in the order confirmation. Unless otherwise stated, displayed prices do not include applicable taxes, shipping charges, handling charges, customs duties, or import fees.

Prices offered through our website may differ from prices offered through other marketplaces, retailers, events, or sales channels.

Promotions may be governed by additional terms. If promotional terms conflict with these Terms of Service, the specific promotional terms will apply to that promotion.

You agree to provide accurate and complete purchase, billing, payment, shipping, and account information. You agree to promptly update information that changes so we can process transactions and communicate with you.

You represent and warrant that:

Payment information submitted by you is accurate and complete.
You are authorized to use the selected payment method.
Charges will be honored by your payment provider.
You will pay all applicable product prices, shipping charges, taxes, and other disclosed charges.

SECTION 7 – SHIPPING AND DELIVERY

Physical products are subject to the processing, production, shipping, and delivery timeframes stated in our Shipping Policy.

Delivery dates are estimates and are not guaranteed. We are not responsible for delays caused by carriers, weather, holidays, customs processing, supply disruptions, incorrect addresses, shipping restrictions, or other circumstances outside our reasonable control.

Products within the same order may be fulfilled by different providers or locations and may arrive in separate packages at different times.

Once an order has been transferred to a shipping carrier, responsibility for transportation rests primarily with the carrier. However, customers may contact Spillman Speaks for assistance reviewing tracking information, damaged shipments, or packages that have not arrived.

Customers are responsible for entering a complete and accurate delivery address. Additional costs caused by incorrect, incomplete, or undeliverable addresses may be the responsibility of the customer.

If we cannot ship an order within the stated timeframe, we may contact the customer with updated information and any options required by applicable law.

Digital products are delivered electronically and do not require physical shipping.

SECTION 8 – RETURNS, REFUNDS, AND EXCHANGES

Returns, refunds, replacements, exchanges, and damaged-item claims are governed by our Return and Refund Policy.

Made-to-order products may be subject to different return conditions than ready-made merchandise.

Digital products are final sale after access or delivery has been provided, except where a refund is required by applicable law.

Nothing in these Terms limits any non-waivable rights available to consumers under applicable law.

SECTION 9 – INTELLECTUAL PROPERTY

The Services and all materials available through them—including trademarks, business names, logos, slogans, text, books, planners, worksheets, illustrations, artwork, designs, product images, graphics, videos, audio, downloads, website layouts, product descriptions, educational resources, and other content—are owned by Spillman Speaks, its affiliates, or its licensors and are protected by United States and international intellectual property laws.

These Terms permit you to use the Services for personal and noncommercial purposes only, except where a separate written license provides otherwise.

Without prior written authorization, you may not reproduce, copy, modify, distribute, republish, publicly display, publicly perform, transmit, upload, store, sell, resell, sublicense, create derivative works from, or commercially exploit any portion of the Services or our materials.

Nothing in these Terms grants you ownership of or a license to any trademark, copyright, patent, trade dress, design, confidential information, or other intellectual property owned by Spillman Speaks, Shopify, or another party, except for the limited personal-use rights expressly stated.

“Spillman Speaks,” its logos, product names, designs, and slogans are trademarks or protected brand assets of Spillman Speaks and may not be used without prior written permission.

Shopify’s names, logos, products, and service names are trademarks of Shopify. Other names, logos, and trademarks appearing through the Services belong to their respective owners.

Unauthorized use of our content may result in suspension of access, termination of licenses, removal requests, claims for damages, or other available legal remedies.

SECTION 10 – OPTIONAL TOOLS

We may provide access to tools, integrations, applications, or services offered by third parties. We do not necessarily monitor, control, or endorse these third-party tools.

Third-party tools are provided on an “as is” and “as available” basis without warranties, representations, or conditions of any kind from Spillman Speaks.

Your use of optional third-party tools is at your own discretion and risk. You are responsible for reviewing and accepting the terms, privacy practices, fees, and policies of the applicable third-party provider.

We may add new features, tools, applications, or resources in the future. Any such additions will be considered part of the Services and subject to these Terms.

SECTION 11 – THIRD-PARTY LINKS AND SERVICES

The Services may contain links, embedded features, content, or materials provided by third parties.

We are not responsible for reviewing or guaranteeing the accuracy, availability, security, content, policies, or practices of third-party websites or services.

Accessing a third-party website or service is done at your own risk. Spillman Speaks is not liable for losses, damages, claims, or disputes arising from your use of or transactions with third parties.

Please review a third party’s policies and terms before providing information, making purchases, or engaging in transactions.

Questions or complaints regarding third-party products or services should be directed to the applicable third party.

SECTION 12 – RELATIONSHIP WITH SHOPIFY

Spillman Speaks is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make through our store are made directly with Spillman Speaks.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Spillman Speaks, including any injury, damage, claim, or loss resulting from products or services purchased through our store.

To the extent permitted by law, you release Shopify and its affiliates from claims, damages, and liabilities arising from or related to purchases and transactions made with Spillman Speaks.

SECTION 13 – PRIVACY

Personal information collected through the Services is handled in accordance with our Privacy Policy.

Because the Services are hosted by Shopify, Shopify may collect and process information relating to your access to and use of the Services to operate, maintain, secure, and improve its platform.

Information you submit may be transmitted to Shopify and other service providers that support payment processing, order fulfillment, digital delivery, analytics, marketing, customer communication, fraud prevention, and other store operations.

Some service providers may process information in jurisdictions outside the location where you live.

By using the Services, you acknowledge that you have reviewed our Privacy Policy and understand that your information may also be subject to Shopify’s privacy practices.

SECTION 14 – FEEDBACK, REVIEWS, AND SUBMISSIONS

If you submit, upload, post, email, or otherwise provide ideas, reviews, photographs, testimonials, comments, suggestions, proposals, plans, or other content to us (collectively, “Feedback”), you grant Spillman Speaks a nonexclusive, worldwide, perpetual, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, display, and promote that Feedback in any lawful medium.

This license allows us to use Feedback to operate, evaluate, improve, and promote the Services.

You represent and warrant that:

You own or have permission to submit the Feedback.
Your Feedback does not violate another party’s copyright, trademark, privacy, publicity, contractual, or other rights.
Your Feedback is accurate and is not unlawful, misleading, defamatory, abusive, obscene, or malicious.
You have disclosed any payment, free product, incentive, or other benefit received in connection with the Feedback.

We are not required to keep Feedback confidential, compensate you for Feedback, publish Feedback, or respond to Feedback.

We may monitor, edit, decline, or remove Feedback that we reasonably believe violates these Terms or applicable law.

You may not use a false identity, impersonate another person, or misrepresent the source of Feedback.

SECTION 15 – ERRORS, INACCURACIES, AND OMISSIONS

Information within the Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, availability, promotions, offers, shipping costs, transit times, product images, or other matters.

We reserve the right to correct errors, update information, change or cancel promotions, or cancel affected orders at any time, including after an order has been submitted.

We are not obligated to update, amend, or clarify information except as required by law.

SECTION 16 – PROHIBITED USES

You may use the Services only for lawful purposes.

You may not use the Services, directly or indirectly:

For unlawful, fraudulent, deceptive, or malicious purposes.
To violate international, federal, state, provincial, or local laws or regulations.
To infringe or violate our intellectual property rights or the rights of others.
To harass, threaten, abuse, intimidate, defame, discriminate against, or harm another person.
To submit false, misleading, or fraudulent information.
To upload or transmit viruses, malware, harmful code, or destructive technologies.
To send spam, phishing messages, unsolicited promotions, chain letters, or similar communications.
To impersonate another person, business, or organization.
To collect, track, scrape, or misuse personal information belonging to others.
To interfere with, disrupt, bypass, or circumvent the security or functionality of the Services.
To reproduce, extract, copy, sell, resell, or commercially exploit any unauthorized portion of the Services.
To use automated systems, bots, scraping tools, spiders, data-mining tools, artificial intelligence agents, or similar technologies to access or collect information from the Services in violation of our instructions or applicable law.
To circumvent robot exclusion headers, security controls, authorization requirements, CAPTCHAs, access restrictions, or other technical protections.
To engage in conduct that restricts another person’s use or enjoyment of the Services or exposes Spillman Speaks, Shopify, our providers, or our customers to risk or liability.

We reserve the right to restrict access, suspend accounts, cancel orders, or terminate use of the Services when we reasonably believe these Terms have been violated.

SECTION 17 – AUTOMATED AGENTS

This section applies when software or a service takes autonomous or semi-autonomous actions on behalf of a person or entity while accessing or interacting with the Services (an “Agent”).

An Agent may not access, use, or interact with the Services unless it identifies itself and complies with applicable technical instructions, access restrictions, laws, and policies.

Agents must not conceal their automated nature, imitate human activity to bypass restrictions, complete or circumvent CAPTCHAs, misrepresent themselves as human, or avoid measures designed to control automated access.

We may use technical or other measures to restrict whether and how Agents access or interact with the Services.

An Agent must stop accessing or interacting with the Services when requested by us.

SECTION 18 – TERMINATION

We may suspend or terminate this agreement, your account, or your access to any portion of the Services when permitted by law, including when we reasonably believe you have violated these Terms, engaged in fraudulent conduct, misused the Services, or created security or legal risks.

You remain responsible for all amounts owed through the effective date of termination.

Sections concerning intellectual property, digital-product licenses, feedback, disclaimers, limitations of liability, indemnification, governing law, and other provisions that logically should survive termination will remain effective after termination.

SECTION 19 – DISCLAIMER OF WARRANTIES

Information presented through the Services is provided for general informational purposes. We do not guarantee that all information will be accurate, complete, current, or suitable for every individual situation.

Any reliance on information provided through the Services is at your own risk.

Except where expressly stated by Spillman Speaks or required by law, the Services and products offered through them are provided on an “as is” and “as available” basis without representations, warranties, or conditions of any kind, whether express or implied.

To the fullest extent permitted by law, we disclaim implied warranties and conditions, including merchantability, merchantable quality, fitness for a particular purpose, durability, title, and noninfringement.

We do not guarantee that the Services will always be uninterrupted, timely, secure, error-free, compatible with every device, or free from viruses or harmful components.

Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, these exclusions apply only to the extent permitted by law.

SECTION 20 – LIMITATION OF LIABILITY

To the fullest extent permitted by law, Spillman Speaks and our owners, partners, directors, officers, employees, affiliates, agents, contractors, licensors, and service providers, as well as Shopify and its affiliates, will not be liable for indirect, incidental, special, punitive, exemplary, or consequential damages.

This includes lost profits, lost revenue, lost savings, loss of data, business interruption, replacement costs, or similar damages arising from:

Your use of or inability to use the Services.
Products or services purchased through the Services.
Errors or omissions in content.
Unauthorized access to information.
Conduct or content of third parties.
Delays, disruptions, or technical failures.
Any other claim relating to the Services or products.

These limitations apply regardless of whether a claim is based in contract, negligence, strict liability, tort, or another legal theory and regardless of whether we were advised of the possibility of damages.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

SECTION 21 – INDEMNIFICATION

To the extent permitted by law, you agree to indemnify, defend, and hold harmless Spillman Speaks, Shopify, and our respective affiliates, owners, partners, officers, directors, employees, agents, contractors, licensors, and service providers from third-party claims, liabilities, damages, losses, judgments, costs, and reasonable attorneys’ fees arising from:

Your violation of these Terms or any policy incorporated by reference.
Your violation of applicable law.
Your violation of another person’s intellectual property, privacy, contractual, or other rights.
Your misuse of the Services.

We will provide reasonable notice of an indemnifiable claim when possible. A delay in providing notice will not relieve you of your obligations unless the delay materially prejudices your ability to respond.

You agree to reasonably cooperate in the defense of applicable claims.

SECTION 22 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, void, or unenforceable, that provision will be enforced to the fullest extent permitted by law.

The unenforceable portion will be treated as severed from these Terms, and the remaining provisions will continue in full force and effect.

SECTION 23 – WAIVER AND ENTIRE AGREEMENT

Our failure to enforce a right or provision of these Terms does not waive that right or provision.

These Terms, together with policies, notices, product licenses, and operating rules posted through the Services, constitute the entire agreement between you and Spillman Speaks regarding your use of the Services.

These Terms replace prior or contemporaneous communications, proposals, and agreements relating to the Services, whether written or oral.

Any ambiguity in these Terms will not automatically be interpreted against the party that drafted them.

SECTION 24 – ASSIGNMENT

You may not delegate, transfer, assign, sublicense, or otherwise dispose of your rights or obligations under these Terms without prior written consent from Spillman Speaks.

Any unauthorized attempted assignment is void.

We may assign, transfer, or delegate our rights and obligations under these Terms as permitted by law, including as part of a merger, sale, restructuring, financing, or transfer of business assets.

SECTION 25 – GOVERNING LAW

These Terms of Service and any separate agreements through which we provide the Services are governed by and construed in accordance with the laws of the State of Illinois and applicable federal laws of the United States, without regard to conflict-of-law principles.

You and Spillman Speaks consent to venue and personal jurisdiction in the state or federal courts having jurisdiction over Spillman Speaks’ principal place of business, except where applicable consumer law requires otherwise.

SECTION 26 – HEADINGS

Section headings are included for convenience only and do not limit, expand, or otherwise affect the meaning of these Terms.

SECTION 27 – CHANGES TO THESE TERMS

You may review the most current version of these Terms of Service on this page at any time.

We reserve the right to update, revise, replace, or remove portions of these Terms by posting changes to our website.

When required by law, we will provide notice of material changes. Changes become effective on the date stated in the notice or, when no date is stated, when the revised Terms are posted.

Your continued use of the Services after revised Terms become effective constitutes acceptance of those changes.