PERSONALLY IDENTIFIABLE INFORMATION
We consider the following, among other things, to be personally identifiable information: first and last name, e-mail address, street address and phone number. Information that we use internally to identify you as a user in our system, such as your selected User Name, is not considered personally identifiable information. We (and/or our agents or affiliates) may collect online and use personally identifiable information from our online visitors: (1) to process and fulfill transactions; (2) in connection with contests, sweepstakes, games, surveys, forums, subscription registrations, content submissions, classroom activities, message boards, blogs, our requests for suggestions and visitors' requests for information; (3) to customize the content of our site for our visitors' current and future needs; and (4) to provide service related announcements to you. We may even share such information between the buyers and sellers on our site in connection with transactions between such buyers and sellers. In addition, this personally identifiable information may be used to provide our visitors, via e-mail or other means, information about materials and activities that may be of interest to them, including products or services of third parties. For these reasons, we may share such information with third parties. If you are an individual who has provided us with your personal information online or offline and you do not want us to share your information with third parties, or if there is a media notification that you no longer want to receive from us, please let us know by sending us your name, address, e-mail and phone number to: email@example.com. If you are writing to request that you no longer receive a particular media notification from us, please include the name of the media notification. In addition, in every e-mail that we send, we provide a link that you can click on to allow you to opt out of receiving future e-mails from the sender.
Information You Provide
During the registration process, we collect your e-mail address, address and birth date. This information helps to ensure we can properly pay Course-creators and ensures that the feedback loop is accurate. During the Registration process, Course-creators will also have the opportunity to provide a public Member Profile, which is like a biography about you and the Teaching Content that you wish to make available through TEACHERSTRAINTEACHERS. You can choose to provide as much or as little information about yourself in your public Member Profile as you see fit. We may also have open message boards or blogs where you can provide any personal information that you choose. Please note that the information you provide in the Member Profile, message boards or blogs is open to the public and available for all eyes to see.
Access To Your Personal Information
You can view any personally identifiable information we have collected from you in your Member Profile Page, where you can add, edit, or remove information as you see fit. You can always access your Member Profile Page by logging in to your 'Manage My Account' pages at this link: http://www.TEACHERSTRAINTEACHERS.COM.
NON-PERSONALLY IDENTIFIABLE INFORMATION AND THE USE OF COOKIE TECHNOLOGY.
We collect non-personally identifiable information through the use of a software technology called "cookies," and through our visitors' voluntary submissions to us and/or upon our request. By non-personally identifiable information, we are referring to information about our visitors' browsers (e.g., Netscape Navigator or Internet Explorer), operating systems (e.g., Windows or Macintosh), Internet service providers (e.g., AOL or NET.COM) and other similar information which we track in aggregate form. The non-personally identifiable information that we track is anonymous and will never be identified with or lead us back to any of our visitors.
Cookie technology helps us to know how many people visit us and where visitors go on our site. Cookies are small bits of information we send to your computer. Among other things, this non-personally identifiable information allows us to know which areas are favorites, which areas need a bit of improvement, or what technologies and Internet services are being used by our visitors so that we may continually improve our visitors' online experiences.
USE OF IP ADDRESSES
We collect IP addresses to obtain aggregate information on the use of TEACHERSTRAINTEACHERS.COM. An IP address is a number assigned to your computer by a Web server when you're on the Web. When you are on our site, we have a back-end server that logs your computer's IP address. We only use the information we find out from tracking IP addresses in the aggregate, such as how many users entered a specific area of our site, and not to track a specific IP address to identify an individual user. However, we may use such information to identify a user if we feel that there are or may be safety and/or security issues or to comply with legal requirements.
We may use third-party companies to serve ads when you visit our Web site and to monitor traffic to our Web site. These companies may (via cookies, gifs or otherwise) use aggregate information (not including your name, address, e-mail address, telephone number, or any other personally identifiable information) about your visits to this and other Web sites in order to provide us with data about our site and/or to provide advertisements about goods and services of interest to you.
We ensure that all personally and non-personally identifiable information that we receive via the Internet is secure against unauthorized access. This information is kept in a safe and secure system isolated from direct connection to the Internet. This means that no eyes but ours will ever see the information that our visitors send to us, unless we indicate otherwise, or it is in your Member Profile, or message board or blog area. We will give out personal information as required by law, for example to comply with a court order or subpoena or to assist in criminal investigations. We may also give out personal information when we deem it advisable in order to protect the safety and security of our sites and visitors to our sites.
Why Are We So Safe?
We use secure server software over a Secure Socket Layer (SSL) line to protect your credit card information. It encrypts all of your personal and credit card information so that this information cannot be read as it travels to our ordering system, and once it is received, it is stored in a location not accessible via the Internet.
More Guarantee Details
Under the Fair Credit Billing Act, your bank cannot hold you liable for more than $50 of unauthorized charges. If your bank does hold you liable for any of this $50, we will cover the entire liability for you, up to the full $50. Note that, in the event of unauthorized use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.
LINKS TO OTHER SITES
Visitors will find links from TEACHERSTRAINTEACHERS.COM to independently-owned, controlled and/or managed World Wide Web or Internet sites whose content we have found of possible interest to our visitors. In many cases, but not always, the links represent cooperative projects or mutual links established with the organizations connected with these sites. While we initially visit these sites to which we directly link, please note that we do not monitor or control the content that appears on these sites and such content may be constantly changing. We encourage all end users of TEACHERSTRAINTEACHERS.COM to read the privacy policies of all linked sites before navigating through them.
We hope that you enjoy exploring and participating in our site.
Most recently updated January 1, 2012.
Terms of Service
Welcome to TeachersTrainTeachers.com.
The following describes the terms on which TEACHERSTRAINTEACHERS.COM (referred to herein as “TEACHERSTRAINTEACHERS,” “we,” or “us”) offer you access to our services.
1. Description of Service.
TEACHERSTRAINTEACHERS is a web-based service available from the domain WWW.TEACHERSTRAINTEACHERS.COM. This service provides teachers, schools, schools districts and publishers with an online marketplace to buy and sell professional development and materials directly from and to each other, which may consist of original digital courses and materials created by the seller (“Content”). The service provided by TEACHERSTRAINTEACHERS is referenced herein as the “Service.” TEACHERSTRAINTEACHERS at no time owns or sells any product for or on behalf of teachers, schools, school districts or publishers. Teachers, Schools, School Districts and Publishers who sell Content via the Service are referenced herein and in the Service as “Course-creators.” Those who purchase Teaching Content via the Service are referenced herein and in the Service as “Buyers.”
This Terms of Service/User Agreement (“Agreement”) governs your access to and use of the Service, whether in the capacity of a Course-creator or Buyer, or visitor, including the finding, buying, posting, selling, and sharing of Content, and participating in online forums, feedback loops, bulletin boards, wikis, and chats, which features and activities shall also be considered part of the “Service.” Portions of the TEACHERSTRAINTEACHERS Service are publicly available to all visitors to the site. Other portions of the Service are available only to registered members who are Course-creators or Buyers (collectively, “Members”). By registering with TEACHERSTRAINTEACHERS or by using the Service in any manner – including, but not limited to, by visiting the www.teacherstrainteachers.com website – you acknowledge and agree to the terms stated in this Agreement. This Terms of Service applies to both visitors and Members.
2. The Service Is Not Intended For Children.
The Service is intended for adults only. You must be 18 years or older to use this site. You may use this Service (including as a Course-creator of Buyer) if you are domiciled in the United States or Internationally. Digital sales are International. Physical item sales are for U.S. and Canadian addresses only. For physical products, if you are shipping any Content or other materials to a non-U.S. address, you are not authorized to use this Service and TEACHERSTRAINTEACHERS expressly disclaims any representations or warranties, whether express or implied, with respect to or in connection with any transactions between or otherwise involving non-U.S. users.
3. Fees, Services, Pricing, and Payments.
Membership Fees and Service Fees. Course-creators who wish to sell their Content through the Service must join TEACHERSTRAINTEACHERS. There is one type of membership for all Course-creators. Members will be charged service fees on sales made through the Service, as set forth in greater detail in Section 3C below. Buyers who wish to purchase Content through the Service also must join TEACHERSTRAINTEACHERS. Buyers pay no membership fee to join TEACHERSTRAINTEACHERS and there is no service fee for Buyers who purchase materials from Course-creators through the Service.
Shipping, Handling and Processing Charges. Course-creators may charge for shipping, handling, and processing of the physical materials that are sold via the Service in one of two ways: (1) by including the shipping, handling, and processing method and charges in the sale price of the item; or (2) by charging a flat rate for shipping, handling, and processing of all items sold, which will be reimbursed in full to you in your Quarterly Payout (defined below).
B. Pricing of Teaching Content.
Course-creators are responsible for setting the prices for the sale of their Content distributed through the Service, including for both electronic and physical materials. TEACHERSTRAINTEACHERS has set price guidelines of $0, $10, $20, $30. Course-creators are obligated to sell their Content at the prices listed on the Service.
C. Agreement of Course-creators to Pay Service Fees and to Upload or Ship Teaching Content.
In consideration for the services provided by TEACHERTRAINTEACHERS, you (Course-creator) agree to pay TEACHERSTRAINTEACHERS a service fee (“Service Fee”) for all Teaching Content you sell to Buyers through the Service, in accordance with the following: (i) Members will pay a Service Fee equal to 40% of the sale price of each item of original digital Content sold plus 30 cents per item; (ii) Members will pay a Service Fee equal to 15% of the sale price (excluding shipping) plus $1.00 per item, for each item of physical content sold. The sale price is determined by the content creator and/or TeachersTrainTeachers in the case of a bulk sale. For each transaction, TEACHERSTRAINTEACHERS will automatically deduct the Service Fee from the sale price collected from Buyers through the Service, and then will distribute the remaining amounts to the Course-creators on a quarterly basis as follows: (a) TEACHERSTRAINTEACHERS will collect payment from Teacher-Buyers at the time Content is purchased through the Service, (b) TEACHERSTRAINTEACHERS will notify you (the Course-creator) by email of the sale once payment has been verified and collected from the Buyer, (c) in the case of physical Content, TEACHERSTRAINTEACHERS will provide the Course-creator with the Teacher-Buyer’s shipping address and any other information required for the Course-creator to fulfill the order, and (d) on a quarterly basis, TEACHERSTRAINTEACHERS will distribute the monies due to you (as a Course-creator) for the sale of your Content, in accordance with this Section 3C. All monies due to Course-creators pursuant to this Section 3C will be paid to such Sellers within 21 days following the last day of the calendar quarter in which an item of your Content is sold (e.g., within 21 days after March 31st, June 30th, September 30th, or December 31st). Quarterly payments will be made through PayPal for all who earn less than $500 per quarter and to all international residents outside of the U.S. or Canada, or by check made payable to U.S. and Canadian residents who earn more than $500 in a quarter. You agree that upon notification of a sale of Content, you will ship the relevant physical Content sold by you through the Service, in accordance with any representations made by you on the Service and/or in connection with such Content, including, for example, with respect to the pricing and shipping of such Content, and in any event in accordance with all applicable state and federal laws, rules, regulations, and/or industry standards. Course-creators are not authorized by the Service to ship to any address other than that which is provided to it by TEACHERSTRAINTEACHERS.
D. Additional Agreements and Obligations of Sellers.
By listing an item for sale, or uploading it to the Service, you (Course-creator) represent and warrant to prospective Buyers that you have the right and ability to sell and to ship, and that the listing is accurate, current, and complete and is not misleading or otherwise deceptive. You further represent and warrant that the Content is original to you, and that use of the same will not infringe any right – including, but not limited to the copyright or trademark right – of any third party.
If you are a Course-creator of original digital Content, you agree to make at least one sample of such original digital Teaching Content available to Buyers at no charge at all times when you are offering original digital Content for sale via the Service. Additionally, unless otherwise authorized, Course-creators agree not to – and agree to cause their affiliates, agents, employees and contractors not to – use or disclose to any third party any order information, or other data or information regarding Buyers or any other users of the Service, which is obtained through the Service or disclosed to Course-creators by TEACHERSTRAINTEACHERS in connection with a transaction made via the Service, for any purpose except as necessary to complete transactions made through the Service and otherwise fulfill their obligations under this Agreement (including, without limitation, for purposes of solicitation, advertising, direct marketing, harassment, invasion of privacy, or any other objectionable conduct).
F. Agreement of Buyers to Pay for Purchases.
When you (Buyer) purchase original digital Content you will have the unlimited right to download the materials from your account profile . The materials will remain available for download in your online account indefinitely from the date of your purchase. You agree not to share your purchases with your colleagues unless you have purchased additional licenses. You agree not to post your purchased or freely downloaded files on the internet.
You agree to pay in full for all Content purchased through the Service, and agree that TEACHERSTRAINTEACHERS may charge your credit card or PayPal account for any Content purchased, including any applicable shipping charges, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued to or in connection with your Member Account. If you chose to pay via School Purchase Order, you agree that TEACHERSTRAINTEACHERS may charge your credit card or PayPal account for any Content purchased, including any applicable shipping charges, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued to or in connection with your Member Account if the invoice submitted in connection with any School Purchase Order has not been paid within 30 days of the date on which TEACHERSTRAINTEACHERS invoiced your school.
YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL SALES PRICES AND FEES, AND FOR PROVIDING TEACHERSTRAINTEACHERS WITH VALID CREDIT CARD INFORMATION OR PAYPAL ACCOUNT DETAILS FOR PAYMENTS OF ALL SUCH FEES AND CHARGES. All charges and fees will be billed to the credit card or the PayPal account you designate during the Member registration process. If you want to designate a different credit card, or if there is a change in your credit card or PayPal account status, you must change your credit card or PayPal account information online at the Member Profile information page of the Service. You can always log into your Member Profile by providing your UserName and password at this link: www.teacherstrainteachers.com. (There may be a temporary disruption of your access to the Service until TEACHERSTRAINTEACHERS can verify the validity of the new credit card or PayPal account information.)
You agree that delivery of the Content to you, whether electronically delivered or physically shipped and delivered to you, does not transfer to you any commercial or promotion use rights in the Content. You agree that your use of the Service (including your purchase of Content) constitutes your acceptance of and agreement to use the Service and such Content solely in accordance with this Agreement, and that any other use of the Service or Teaching Content may violate copyright and other laws of the United States, other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. As a condition of use, you agree not to share your purchases with your colleagues unless you have purchased additional licenses.
H. Electronic Signatures and Contracts.
Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
J. Transfer of Title
TEACHERSTRAINTEACHERS does not transfer legal title or ownership of items from the Course-creators to the Buyers, and nothing in this Agreement shall modify the applicable provisions of Uniform Commercial Code 2-401(2), which provide that, unless otherwise explicitly agreed between a seller and a buyer, legal title to a purchased item transfers to the buyer upon physical delivery of the item to the buyer from the seller. Accordingly, unless a Buyer and Course-creator agree otherwise, legal ownership to any item of Content passes to the Buyer upon the physical delivery of such item of Content from the Course-creator to the Buyer.
4. License Grants.
A. License Grants by Sellers to TEACHERSTRAINTEACHERS.
When you (Course-creator) submit your original copyrightable content (e.g., original Content) on or through the Service, you retain ownership of any copyright you claim to your submitted content. However, by making your content available through the Service you automatically grant TEACHERSTRAINTEACHERS a royalty-free, perpetual, irrevocable (except as expressly set forth in this Agreement), non-exclusive, worldwide, sublicensable right to exercise any copyright, trademark rights publicity rights, and/or database rights (but no other rights) you have in the content, in any media now known or later developed, solely as reasonably necessary to make the Content available through the Service. IF YOU CHOOSE TO CANCEL YOUR MEMBERSHIP AND LEAVE THE SERVICE, AND/OR HAVE REMOVED YOUR CONTENT FROM THE SERVICE, THIS LICENSE WILL BE DEEMED REVOKED AT THE TIME THAT YOU CANCEL YOUR MEMBERSHIP AND/OR REMOVE ALL SUCH CONTENT, HOWEVER TEACHERSTRAINTEACHERS’ LICENSE TO MAKE TEACHING CONTENT YOU HAVE SOLD PRIOR TO CANCELLATION OF YOUR MEMBERSHIP AND/OR REMOVAL OF SUCH CONTENT AVAVILBE TO MEMBERS WHO HAVE PURCHASED SUCH MATERIAL PRIOR TO CANCELLATION OF YOUR MEMBERSHIP AND/OR REMOVAL OF SUCH CONTENT SHALL SURVIVE CANCELLATION OF YOUR MEMBERSHIP AND/OR REMOVAL OF SUCH CONTENT.
B. Course-creator Control License Rights Related To Content.
When you (Course-creator) submit your original copyrightable content (e.g., original Content) on or through the Service, you (i) represent and warrant that such Content is original to you and that no other party has any rights thereto, and (ii) retain ownership of any rights – including, but not limited to, copyrights and trademark rights – you claim to your submitted content. As such, you (Course-creator) control the copyright licenses granted to a Buyer and it is your responsibility to give notice to Buyers of the terms under which you offer your Content to such Teacher-Buyers. Absent specific terms to the contrary expressed by you in the license under which your Content is offered, nothing in the Service limits the existing rights of Buyers under the Copyright Act including but not limited to rights under Sections 110(1) (classroom teaching), 110(2) (distance learning), or 107 (fair use) of the Copyright Act (17 U.S.C. 101 et seq.). (You, Course-creator, may wish to consider applying one of the copyright licenses made available through Creative Commons to your Content. You can find out more about these licenses at the Creative Commons website located at www.creativecommons.org.)
5. Registration Obligations.
6. Member and Visitor Conduct.
As a condition of using the Service, Members and visitors agree to all of the following:
- You must be a registered Member to buy or sell Content through the Service.
- You are required to select a member identification (“UserName”) and password. You are responsible for maintaining the confidentiality of your UserName and password. You should not disclose your password to anyone.
- You are responsible for all activity that occurs under your UserName.
- You are solely responsible for your conduct and any content, materials or information that you submit, post, and display on the Service, or that is submitted, posted, and/or displayed on the Service under your UserName.
- You agree that you will not attempt to, nor encourage or assist any other person to, circumvent or modify any system, security technology, or other software that is part of the Service or used to administer the rules contained in this Agreement.
Further, while using the Service, Members and visitors agree not to:
- upload, post, email, transmit, or otherwise make available any content, material, or information to, on, or through the Service that is fraudulent, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, profane, sexually explicit or indecent, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- upload, post, email, transmit, or otherwise make available to Members or visitors any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links,” or any other form of solicitation;
- transmit any worms or viruses, spyware, malware, or any other harmful or destructive code;
- violate any applicable federal or local laws in your jurisdiction (including but not limited to intellectual property laws or tax laws);
- use the Service for any illegal or unauthorized purpose;
- impersonate any person or entity, including without limitation, a TEACHERSTRAINTEACHERS employee or user, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- transmit email or any other content that includes personal or identifying information about another person without that person’s explicit consent;
- transmit email or any other content that is false, deceptive, misleading, deceitful, or constitutes “bait and switch”;
- sell or offer for sale stolen goods and/or materials that infringe a patent, trademark, trade secret, copyright or other proprietary rights of another person, or entity or that violate any rights of privacy or publicity, or that defame or libel any person or entity, or offer content that you do not have a right to make available under any law or under contractual or fiduciary relationships (including without limitation any goods purchased or obtained by you without right of resale such as promotional materials or school market-restricted materials);
- manipulate the price of any item or interfere with other Members’ listings;
- advertise any illegal products or services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law;
- provide materials or any other content for download that contain viruses or any other code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or in any manner that otherwise negatively affects Members’ and visitors’ ability to use the Service;
- employ misleading email or IP addresses, or forged headers, or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Service;
- attempt to gain unauthorized access to TEACHERSTRAINTEACHERS’ computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service;
- “stalk” or otherwise harass anyone on or through the Service;
- collect any personally identifying data about Members or visitors for commercial or unlawful purposes; or
- use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service-except for internet search engines (e.g., Google or Yahoo!) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file, or that are “well-behaved” web services/RSS/Atom clients. We reserve the right to define what we mean by “well-behaved,” and to develop, invoke, or utilize any means to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of any automated means you may use to access the Service.
7. Inappropriate User-Submitted Content.
TEACHERSTRAINTEACHERS prohibits certain user conduct and content described above and, without obligation, will use reasonable efforts to eliminate such conduct and content from the Service. Nevertheless, you acknowledge and agree that (i) TEACHERSTRAINTEACHERS is not and cannot be responsible for any content, information, or materials posted by users on the Service, (ii) you may be exposed to any such materials, information, or content, and (iii) you must bear all risks associated with the exposure to and/or use of any such materials, information, or content, including without limitation any reliance on the accuracy, completeness, or usefulness of such materials, information, or content. Without limitation of the foregoing, TEACHERSTRAINTEACHERS has the right to, but may or may not, pre-screen and/or monitor content posted on the Service, and without limiting any remedies, may remove, edit, move, or close, in whole or in part, any content, information or materials, or thread or posting in any chat room and/or similar feature on the Service, at any time for any reason, in TEACHERSTRAINTEACHERS’ sole discretion.
8. Links to Other Sites and Resources.
The Service contains links to other websites or resources. TEACHERSTRAINTEACHERS has no control over such external sites and resources. You agree that (i) TEACHERSTRAINTEACHERS is not responsible for the availability or accuracy of such external sites and resources, and (ii) TEACHERSTRAINTEACHERS does not endorse nor is it responsible or liable for any content, advertising, products, services or materials on or available from such external sites and resources. Any reliance on the contents or services of such an external website or resource is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
9. Copyright Policy
We respect the intellectual property rights of others, and we ask that our Members and users do the same. It is our policy to disable access to or remove material that we believe in good faith to be infringing on a copyrighted work. We also disable and/or terminate the accounts of users who we believe in good faith are repeatedly infringing copyrighted works. Our Copyright Policy has been developed in accordance with the Digital Millennium Copyright Act (DMCA), and other applicable laws, and is available at www.teacherstrainteachers.com/Copyright-Policy. By accepting these Terms of Service, you agree to be bound by our Copyright Policy, which is by this reference expressly incorporated into this Agreement.
12. Warranty Disclaimers
YOU AGREE THAT THE SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF THE SERVICE PROVIDED BY TEACHERSTRAINTEACHERS SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TEACHERSTRAINTEACHERS, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, THE SERVICE, AND YOUR ACCESS TO AND USE THEREOF, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. TEACHERSTRAINTEACHERS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CREDIBILITY OF THE MEMBERS OF THE SERVICE; THAT MEMBERS WILL PERFORM AS PROMISED; ABOUT THE TRUTHFULNESS, ACCURACY, OR COMPLETENESS OF THE SERVICE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SERVICE; ABOUT THE AVAILABILITY, QUALITY, CHARACTERISTICS, LEGITIMACY, FUNCTIONALITY, PRICING, SHIPPING, DELIVERY, SECURITY, OR SAFETY OF ANY PRODUCTS OR CONTENT (INCLUDING, WITHOUT LIMITATION, ANY TEACHING CONTENT) LISTED FOR SALE ON THIS SERVICE; OR ABOUT ANY PRODUCT DESCRIPTIONS OR PRODUCT LITERATURE. TEACHERSTRAINTEACHERS ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE CONTENTS OF THE SERVICE OR ANY PRODUCTS LISTED FOR SALE ON THE SERVICE ARE FIT FOR ANY PARTICULAR PURPOSE OR WILL MEET ANY USER’S REQUIREMENTS, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY PRODUCT OR CONTENT POSTED, EMAILED, TRANSMITTED, SOLD, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. TEACHERSTRAINTEACHERS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TEACHERSTRAINTEACHERS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES (INCLUDING ANY COURSE-CREATORS ORBUYERS). AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. ADDITIONALLY, TEACHERSTRAINTEACHERS IS NOT RESPONSIBLE FOR ANY DAMAGES OR LOST PROFITS THAT RESULT FROM MEMBERS DIRECTLY CONTACTING OTHER MEMBERS OR FOR ANY DAMAGES OR LOST PROFITS RESULTING FROM TRANSACTIONS CONDUCTED OUTSIDE OF THE SERVICE, INCLUDING TRANSACTIONS THAT MAY ORIGINATE THROUGH THE SERVICE BUT ARE TAKEN OFFLINE OR OUTSIDE OF THE SERVICE.
13. Limitation of Liability
YOU AGREE THAT TEACHERSTRAINTEACHERS, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND/OR AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, REPUTATION, USE, OR DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) THE ACCESS TO, USE, OR THE INABILITY TO ACCESS OR USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. TEACHERSTRAINTEACHERS’ LIABILITY TO YOU OR ANY THIRD PARTY SHALL IN NO EVENT BE, IN THE AGGREGATE, GREATER THAN THE LESSER OF (A) THE TOTAL AMOUNTS PAID BY YOU TO TEACHERSTRAINTEACHERS DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR ACTION ALLEGEDLY GIVING RISE TO SUCH LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100.00).
YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND THAT BY ACCESSING AND USING THE SERVICE AND AGREEING TO THE TERMS OF THIS AGREEMENT, YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. IF YOU ARE A CALIFORNIA RESIDENT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” FURTHERMORE, IF YOU ARE A RESIDENT OF ANOTHER STATE OR JURISDICTION, YOU AGREE TO WAIVE IN ADVANCE ANY SIMILAR LAWS OF SUCH OTHER STATE OR JURISDICTION.
We reserve the right to suspend or terminate, or take any other action or remedy that we deem reasonable, appropriate, or necessary, in our sole discretion, with respect to your Member Account immediately, without prior notice or liability, for any reason. If we terminate your account, your right to use the Service will immediately cease. You may terminate your Member Account at any time and for any reason, and we will make available through the Service reasonable means for you to do so. All provisions of this Agreement will survive termination, including, without limitation, ownership provisions, licenses, warranty disclaimers, indemnity, and limitations of liability.
15. Miscellaneous Provisions
- Ownership of Site. This site is owned by Inedvation Programs LLC. and/or, in the case of certain features, its third party service providers, and unless otherwise indicated the contents of this site are the property of Inedvation Programs LLC. and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. Except as otherwise specifically provided in connection with certain features of the Service, no material from this site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Inedvation programs LLC’s copyright, trademark, and trade secret rights and others’ proprietary rights. For purposes of this Agreement, the use of any such material on any other website or networked computer environment is prohibited.
- No Agency. TEACHERSTRAINTEACHERS is not the agent or representative of any site users (including, without limitation, any Course-creator or Buyer), nor does it operate under their authority for any purpose. TEACHERSTRAINTEACHERS is simply a service provider that offers users the technological means to communicate with each other, sell goods to each other, and buy goods from each other.
- Governing and Applicable Law. The Terms of Service will be governed by and construed in accordance with the laws of the State of Delaware, in the United States of America, without regard to its conflict of law provisions. The Service is operated by Inedvation programs LLC. from its offices in Delaware, in the United States of America. TEACHERSTRAINTEACHERS makes no representation that materials or content on the Service are appropriate or available for use in other locations. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software fromwww.HYPERLINK "http://www.teacherspayteachers.com/"teacherstrainteachersHYPERLINK "http://www.teacherspayteachers.com/".com may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country to which the United States has embargoed goods; (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders; or (iii) in any other manner that violates U.S. law. By downloading or using any software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
- Dispute Resolution. Any controversy or claim arising out of or relating to the Terms of Service, or the breach thereof, shall be submitted to the state and federal courts of the county and state of New York, and you hereby agree to submit to the exclusive jurisdiction thereof.
- Waiver and Severability. The failure of TEACHERSTRAINTEACHERS to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Terms of Service shall be held unlawful, void, or unenforceable for any reason, then that provision shall be deemed severed from this Terms of Service and shall not affect the validity and enforceability of the remaining provisions. The severed provision shall be deemed modified so that its purpose can be lawfully effectuated and enforced.
- Notices. TEACHERSTRAINTEACHERS may provide you with notices, including, without limitation, those regarding changes to the Terms of Service and other service-related announcements, by email or postings on the Service.
- Future Modifications of Terms of Service. TEACHERSTRAINTEACHERS reserves the right to modify the Terms of Services at any time, by posting amended terms on this website. Your continued use of the Service indicates your acceptance of the amended Terms of Service. If you do not agree to the terms of this Agreement or any modified version of this Agreement, do not continue to use the Service or access the site.
- Future Changes in the Service. TEACHERSTRAINTEACHERS reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the Service or any part thereof with or without notice. TEACHERSTRAINTEACHERS will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
- Assignment. TEACHERSTRAINTEACHERS may assign this agreement to any successor or purchaser of TEACHERSTRAINTEACHERS or all or substantially all of its assets.
- Headings. Section titles and headings in this Agreement are for convenience only, and have no legal or contractual effect.
- Trademarks. Inedvation Programs LLC., the Inedvation Programs LLC logo, TEACHERSTRAINTEACHERS, the TEACHERSTRAINTEACHERS logo, and other TEACHERSTRAINTEACHERS logos and names are trademarks of Inedvation Programs LLC. You agree not to display or use these trademarks in any manner without prior, written consent of Inedvation Programs LLC.
- Contact Information. Please send any questions or comments, for Customer Service, or to report any violations of this Agreement, to support@HYPERLINK "mailto:firstname.lastname@example.org"teacherstrainteachersHYPERLINK "mailto:email@example.com".com.
We respect the intellectual property rights of others, and we ask that our users do the same. We have adopted the following policy in accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws. It is our policy to block access to or remove material that we believe in good faith to be infringing on a copyrighted work. We also disable and/or terminate the accounts of users who we believe in good faith are repeatedly infringing copyrighted works.
Notice of Infringing Material
We respond to notices of alleged infringement that comply with the DMCA and other applicable laws. In accordance with the DMCA, we have assigned a Designated Agent to handle copyright infringement claims. Our Designated Agent's contact information is provided at the end of this Policy.
If you believe that your copyrighted work has been used on our website in a way that constitutes copyright infringement, please send to the Designated Agent a notice of copyright infringement under the DMCA containing the following information:
- Identification of the copyrighted work that you claim has been infringed on our website;
- Identification of the material that you claim has infringed on the identified copyrighted work, including (a) a description of how the material in question is using the copyrighted work in a way that constitutes copyright infringement, and (b) a description of where the material in question is located on the Teacherstrainteachers website, with sufficient detail that we may verify the existence of the material on the web site;
- Your contact information, including your full name, mailing address, telephone number, and email address;
- Statement by you that you have a good faith belief that the disputed use of the copyrighted materials is not authorized by the copyright holder, its agents, or the law;
- Statement by you, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright holder or are the authorized to act on behalf of the copyright holder;
- Electronic or physical signature of the person authorized to act on behalf of the copyright holder.
In addition to the above items, it would be helpful to include and any information to allow us to verify the copyright status of the work you claim has been infringed (for example, a copy of the copyright registration for the work).
Review of Notices
Once received, we will review your notice. If your notice contains all of the appropriate information under the DMCA, and if we believe in good faith that the material in question is being used in a way that constitutes copyright infringement, then we will promptly remove or disable access to the infringing material.
If material that you have posted on our site has been removed or disabled due to alleged copyright infringement, you may send our Designated Agent a counter-notification containing the following information:
- Identification of the material that has been removed or disabled, including a description of the where the material in question appeared on the Teacherstrainteachers website before it was removed or disabled;
- Statement by you, made under penalty of perjury, that you have a good faith belief that the material was removed or blocked as a result of a mistake or misidentification of the material in question;
- Your contact information, including full name, mailing address, telephone number, and email address;
- Statement by you that you consent to the jurisdiction of the Federal Court for the judicial district in which your address is located or, if your address is outside of the USA, for the judicial district in which Teacherstrainteachers is located, and that you will accept service of process from the person who provided notification of the alleged infringement;
- Your electronic or physical signature.
Once received, Teacherstrainteachers will review your counter-notification and will take action that we believe in good faith to be appropriate.
Original User-Submitted Works
If you are looking for information on how copyrights for original Member-submitted works are governed by Teacherstrainteachers, please see our Terms of Service.
Contact Information for Designated Agent
The contact information of Teachers Train Teachers DMCA Designed Agent is:
Please note that only notices concerning a report of copyright infringement will be accepted via the information provided above. If you have questions regarding copyright, trademark, fair use, or the like, we encourage you to seek the legal advice of an attorney licensed to practice in your jurisdiction.