TO ALL VISITORS: PLEASE READ THE FOLLOWING INFORMATION CAREFULLY BEFORE CREATING, USING, OR ACCESSING A TEACHERWEB® SITE.
ANY USE OF THE TEACHERWEB® SERVICE, INCLUDING THE CREATION, USE, OR ACCESS OF ANY TEACHERWEB® SITE OR ANY OTHER SERVICES PROVIDED BY TEACHERWEB, WILL SIGNIFY THAT YOU HAVE READ AND UNDERSTOOD THE FOLLOWING "TERMS AND CONDITIONS" (SOMETIMES BELOW ALSO CALLED THE "AGREEMENT"), WHICH INCLUDES THE TEACHERWEB SECURITY AND PRIVACY POLICIES, AND WILL CONFIRM YOUR UNCONDITIONAL CONSENT TO BE BOUND BY THE AGREEMENT. IF YOU DO NOT AGREE TO THE POSTED AGREEMENT, YOU SHOULD NOT CREATE OR USE A TEACHERWEB SITE, OR OTHERWISE USE THE SERVICE. TEACHERWEB RESERVES THE RIGHT TO MODIFY THE AGREEMENT IN ITS SOLE DISCRETION AT ANY TIME.
TeacherWeb® Terms and Conditions
Welcome to the TeacherWeb® service (the "Service"), the premier website creation service for teachers and educators. The Service is owned and operated by TeacherWeb, Inc., a Delaware corporation and wholly-owned subsidiary of Edline, LLC (collectively, "TeacherWeb" or the "Company"). TeacherWeb also provides other services, such as WorkNotes.com, that provides similar capabilities to the Service but are designed for non-educators.
Description of Service
The Service includes access to a set of online resources, personal web page hosting services, web creation and web updating capabilities, and the use of an individual TeacherWeb® website (a "Site").
Definitions of Key Terms
The terms "our", "us", and "we", as used in these Terms and Conditions, mean TeacherWeb and the party visiting the TeacherWeb® website.
TeacherWeb provides the Service to one or more subscribers (each called a "Subscriber"). A Subscriber is an educator who creates, updates, or maintains a Site. In the case of an Integrated School Site, the Subscriber is the school that maintains the Site. The Subscriber may, in various cases, not be the party that pays for the Service, or, in other cases, the Subscriber may be the same party that pays for the Service.
The Subscriber is fully responsible for the Site subscribed for and for any Content posted to that Site, regardless of whether or not a third party has made payment for the subscription. When a school, school district, or other party is given access to a school, school district, workshop or pre-service account (an "Account"), that party is the Subscriber for all Sites marked on the Account, and is fully responsible for the Content of those Sites.
Users of individual Sites on the Account are "End Users". An End User shares all responsibilities of a Subscriber regarding use of a Site, as set forth in this Agreement.
Each person who visits TeacherWeb’s website, whether or not they become Subscribers or End Users, is a "User" in this Agreement.
- The WorkNotes.com service may be used in cases where a User seeking to become a Subscriber does not meet the eligibility requirements for a Site under these Terms and Conditions.
- All Subscribers must be "Educators" as defined by TeacherWeb. Authorized Educators include teachers, guidance counselors, school principals, school librarians and others whose primary job is communicating with students in elementary school, middle school, high school, and college within the context of a school setting. Educators should be employed by the public school system or private schools providing the same educational services, or by an accredited college or university. Pre-service teachers enrolled in a college, university, or graduate school are also included.
- Educators must be at least 18 years of age to utilize the Service.
- Official PTO or PTA organizations, school clubs and school sports teams may create a Site as long as the person maintaining the Site is identified to TeacherWeb and is an adult Educator as described above. The Educator’s email address must be used as the Site’s registered email address.
- The following groups do not qualify as Educators: trainers at commercial schools or on-the-job training classes, tutors, day care workers, staff of for-profit technical schools. Community groups outside the school system also do not qualify, including scouts, clubs, parent organizations, town-based sports leagues, and other non-school organizations. This is not a complete list of non-qualifying groups. TeacherWeb may not be used to create Sites for any personal, commercial, or non-educational purposes.
- Under no circumstances may students use the Service, unless they are pre-service teachers creating Sites as part of classroom work in a college or university setting.
- TeacherWeb reserves the right to determine how an Educator is defined, and who qualifies as an eligible Educator. TeacherWeb reserves the right to modify the conditions of eligibility at any time.
- The Site’s registered email address must be the valid email address of the Subscriber. The owner of the registered email address must meet all eligibility requirements of a Subscriber.
TeacherWeb’s security policy is found at http://TeacherWeb.com/tweb/securitypolicy.aspx (the "Security Policy"). The Security Policy is part of this Agreement, and consent to the Agreement includes consent to the Security Policy in its entirety. TeacherWeb reserves the right to modify the Security Policy at any time in its sole discretion.
User Rights and Responsibilities
- The Subscriber is solely and fully responsible for all content posted to the Site ("Content"), including information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted, and whether or not posted by non-subscribers. In addition, the term "Content" includes Blog page comments, updates posted via an alternate password, updates posted using the Site’s main password, as well as any information posted to the Site by any mechanism currently available or by new mechanisms introduced in the future.
- All Content that is posted by the Subscriber (including but not limited to images, video, photos, data, files, and programs) remains the sole property of the Subscriber for the applicable Site(s).
- The Subscriber agrees not to post any Content to any Site that is offensive, inappropriate, obscene, unlawful or otherwise objectionable. TeacherWeb reserves the right, in the exercise of its sole discretion, to decide whether Content qualifies as inappropriate.
- If the Subscriber chooses to share log-in capabilities through any means (including sharing the password, providing an alternate password, or enabling comments on Blog pages), the Subscriber remains responsible and liable for any resulting Content that is posted. The Subscriber has a responsibility to bind any updating party to all requirements in this Agreement.
- The Subscriber agrees to use the Site only for educational, school-related purposes.
- The Subscriber must provide a valid contact email address as the Site’s registered email address. Entry of an invalid address represents agreement for the Site to be terminated without refund of any fees. The Subscriber is solely responsible if any email correspondence sent by TeacherWeb fails to be received at the Site’s registered email address for any reason.
- The Subscriber must provide accurate information throughout the Site. If untrue, inaccurate, not current or incomplete information is posted, or if TeacherWeb suspects that information is untrue, inaccurate, not current or incomplete, TeacherWeb has the right to suspend or terminate the account and refuse any and all current or future use of the Service (or any portion thereof).
- The Subscriber is responsible for all activity occurring in, at and through the Site. The Subscriber agrees to abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data.
- The Subscriber may not reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.
- Subscribers who are residents of the EU (European Union) give consent to have their information stored in countries outside the EU. Use of the Service confirms acknowledgement that the Site and all Content posted to the Site may be maintained and administered in the United States. Likewise, all Users recognize that TeacherWeb may also potentially store data, as well as perform services and other activities, in countries outside the United States.
- The Subscriber must accurately identify its U.S. State, Canadian Province, or Country in the "State" section of the Site’s web address. The Subscriber must accurately identify its School or District name in the "School Name" section of the Site’s web address. The Subscriber must accurately identify its name, classroom, school subject, program, or organization in the "Teacher Name" section of the Site’s web address.
- Any images or other Content provided by TeacherWeb (including all Images from TeacherWeb’s Graphics Library, divider line images, background images, school link images and email link images) may only be used within Sites. No such images may be posted to any website or used in any context outside of the TeacherWeb® system without the express prior written permission of TeacherWeb.
- By posting Content, or by causing Content to be posted, you are deemed to be representing and warranting to TeacherWeb that you are the sole creator and owner of that Content. The Subscriber must obtain the Content owner’s prior consent before posting any Content owned by other parties. The Subscriber is fully responsible for any failure to adhere to copyright laws.
- By posting photos and other Content to a Site, the Subscriber is deemed to be representing and warranting to TeacherWeb that the subjects of the photos have given permission to post these photos online. The Subscriber is expected to post only photos and documents that would be appropriate for viewing by children and families, and that are school-related. No student’s name should be visible in any photo. TeacherWeb reserves the right to remove any photo or document posted, for any reason. Subscribers and Content Administrators are responsible for adhering to the Children’s Online Privacy Protection Act (COPPA) and maintaining all required authorizations.
- All WebQuest Sites must meet all requirements of a WebQuest as outlined at http://TeacherWeb.com/tweb/TWQuest.aspx, as well as all terms of this Agreement.
- All fees paid to TeacherWeb are non-refundable and non-transferable. Your cancelling and removing your Site before its expiration will not result in any refund.
- TeacherWeb provides a 30-day, limited functionality, free trial period with no payment required. This provides Users the opportunity to evaluate the functionality of the Service. After payment has been submitted no refunds will be issued under any circumstances, except only in the event that TeacherWeb discontinues providing the Service, in which case you shall be entitled to a pro-rated refund.
- The cost of the Service is posted at http://TeacherWeb.com/tweb/NoticeNew.aspx (for individual Sites). For getting pricing on multiple websites in a school or district (Accounts), please contact our sales department directly. TeacherWeb reserves the right to change prices at any time without prior notice. Change of price affects future payments from the date of the change; it does not retroactively affect payments that have already been made.
- TeacherWeb Sites no longer provide an option for automatic renewal. Manual renewal prior to the expiration of the then current billing cycle is required.
- TeacherWeb Sites that are not manually renewed by the subscriber prior to the applicable expiration date will be subject to termination. TeacherWeb is not responsible for the retention of Site content beyond the expiration date. Information about how to explicitly delete a Site prior to expiration is available in our support section (http://support.TeacherWeb.com).
- Domain name registration includes separate fees for initial purchase of the domain name, and annual renewal of the domain name. There will be an additional processing fee if you wish to transfer the domain name away from TeacherWeb after registering it with TeacherWeb or for recovery of a domain name after its expiration and before its deletion.
- TeacherWeb has the following additional service fees which will only be invoked if you sign-up for the additional services. Additional information is available by contacting our support team from the support site (http://support.TeacherWeb.com) .
|Domain name (including domain registration or renewal)
|Domain name transfer away from TeacherWeb:
|Domain recovery fee, if possible (during recovery period before deletion and after expiration)
|Vanity Domain Name (xyz.cust.teacherweb.com)
Note that the period of service for additional services may be different from the period applicable to your primary Site.
Copyrights, Patents & Trademarks
TeacherWeb is the exclusive owner of all copyrights in and to all aspects of the Service, including, but not limited to, any Site’s design, page types, templates, graphics, and graphic library. The TeacherWeb update methodology may be protected by U.S. Patent No. 7,167,903 The name TeacherWeb® IS A REGISTERED TRADEMARK OF TeacherWeb, INC.
Claims of Copyright Infringement
The Digital Millennium Copyright Act, signed into law on October 28, 1998, amended the copyright law to provide limitations for service provider liability relating to material online. In compliance with such Act, TeacherWeb, Inc. has registered a Designated Agent with the United States Copyright Office to receive notice of alleged copyright infringements contained on the TeacherWeb service. All inquiries into alleged copyright infringement by TeacherWeb, Inc. should be sent to TeacherWeb, Inc., c/o Blackboard, Attn: Teresa Frazier, 650 Massachusetts Ave, NW, Washington, D.C. 20001. Upon receipt of a proper notification of claimed infringement under the DMCA, TeacherWeb, Inc. will follow the procedures outlined in the DMCA. In addition, TeacherWeb, Inc. accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
Please be aware that most content contained in the TeacherWeb service is uploaded by TeacherWeb customers. A school may have adopted its own policy regarding copyright infringement. Please check with the applicable customer if you have any questions regarding the customer’s practices in this regard.
TeacherWeb’s Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service contain proprietary information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is owned by TeacherWeb or the Sponsor and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by TeacherWeb, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the software associated with the Service, either in whole or in part.
You understand that all Content, as defined above is the sole responsibility of the person from which such Content originated. This means that you, and not TeacherWeb, are entirely responsible for all Content that you upload, post or otherwise transmit via the Service. TeacherWeb does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You agree NOT to use the Service to:
- upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, in violation of copyright, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a TeacherWeb official, teacher, or school official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service or develop restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post or otherwise transmit any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- "stalk" or otherwise harass another person;
- collect or store personal data about other Users;
- promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites;
- use your home page (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond TeacherWeb; or
- engage in commercial activities using your Site. The term "commercial activities" includes, but is not limited to, the following activities: offering for sale any products or services that are based on or related to your Site; soliciting for advertisers or sponsors; posting advertisements on your Site; conducting raffles or contests that require any type of entry fee; displaying banners for services that provide cash or cash-equivalent prizes to End Users or other Users in exchange for hyperlinks to their web sites. The WorkNotes.com service may be used for legitimate business and club purposes.
Termination of Service
TeacherWeb reserves the right to terminate any Site or any part of the Service any time, for any reason, or no reason. This includes all Sites, including Sites on the free trial period, paid Sites, Sites marked on an account code, and WebQuests. Possible reasons for termination include, but are not limited to: failure to pay fees, use of false or faulty payment information, use of invalid address as registered email address, inappropriate Content posted to a Site, failure to meet eligibility requirements, failure to use valid state or school name, failure to abide by applicable laws, failure to abide by the terms of the Agreement, or TeacherWeb discontinuing the Service.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, TeacherWeb has adopted a policy of terminating a subscription, in appropriate circumstances and at TeacherWeb’s sole discretion, where the Subscriber is deemed to be a repeat infringer of the intellectual property rights of others. TeacherWeb may also, in its sole discretion, limit access to the Site for any End User or other Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Notice of Infringing Material
To file a notice of infringing material on a TeacherWeb Site please provide a notification containing the following details:
- Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL);
- Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);
- Your contact information so that we can contact you (for example, your address, telephone number, email address);
- A statement that you have a good faith belief that the use of the material identified in (2) is not authorized by the copyright owner, its agent, or the law;
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed.
- Your physical or electronic signature.
Then send this notice to:
DMCA Agent: Tess Frazier
650 Massachusetts Ave., NW
Washington, DC 20001
By Email: email@example.com
Limitations Affecting the Service
- TeacherWeb is not responsible for any Content posted by you or others to any Site. This includes, but is not limited to, any offensive, inappropriate, obscene, unlawful or otherwise objectionable Content anywhere on any Site. TeacherWeb is not responsible for the conduct, whether online or offline, of any User of the Site or Service. All Content posted to a Site is the responsibility of the Subscriber to the Service.
- TeacherWeb may change pricing and features of the Service at any time without prior notification or consent. This includes the option to add, remove or modify system features in any way.
- TeacherWeb reserves the right in its sole discretion to take the Service off-line for changes, upgrades, updates, or other activities as it deems necessary.
- TeacherWeb does not guarantee that emails sent through the Site will be received. We do not guarantee that information submitted through the Service will be recoverable if it is lost, if it is not received, or if it is not easily accessible as solely deemed by TeacherWeb.
- TeacherWeb does not guarantee the safety or security of any information posted to any Site. TeacherWeb is not responsible if unauthorized parties gain access to any information posted to any Site. Nevertheless, TeacherWeb does take measures to address this in its Security & Privacy Policies. See: http://www.TeacherWeb.com/tweb/privacypolicy.aspx; http://www.TeacherWeb.com/tweb/securitypolicy.aspx)
- The Service is provided on an as-is, as-available basis. TeacherWeb will strive for continuous uptime, however, availability of the Service is not guaranteed. TeacherWeb will have no liability whatsoever in the event of loss or interruption of the Service of any kind.
- TeacherWeb reserves the right to post advertising anywhere on any Site at any time, including the Update Index, all Update pages and all View pages.
- Ideas, suggestions, and layout/feature requests submitted to TeacherWeb are considered the sole property of TeacherWeb. TeacherWeb is authorized to use, modify, or enhance any idea, and may give or sell an idea to any party. TeacherWeb has full ownership of an idea as described in the Agreement, with no obligation to pay or owe any sum of any kind to the party who submits the idea. Sending an idea or concept to TeacherWeb implies understanding and consent that the idea has been given away freely without any return compensation due. It shall not be a condition of TeacherWeb’s ownership of any such idea that TeacherWeb use, adopt or otherwise commercially exploit it in any way, and non-use thereof shall not alter TeacherWeb’s ownership.
- All Content that is posted to a Site by a Subscriber (including images, video, photos, data, files, text, and programs) remain the sole property of the Subscriber. However, TeacherWeb has no obligation to maintain the data in its original form or to remove it upon request of the Subscriber. TeacherWeb does not have any responsibility to ensure the availability or future retrievability of the original Content or the obligation to keep the Content unaltered or at all. TeacherWeb is not responsible for any loss of data or Content posted to the Site.
- TeacherWeb reserves the right to modify the Content and password of any Site in the exercise of its sole discretion. This includes (but is not limited to) the option to change passwords and remove Content when offensive material is posted, submit updates to troubleshoot problems, correct errors in contact information, or any other activity that it deems, or does not deem, necessary.
- Any information collected by TeacherWeb (including but not limited to names, email addresses, IP address information, and dates and times of actions) will be turned over to law enforcement upon request, in accordance with U.S. law.
- TeacherWeb retains ownership and exclusive rights to all TeacherWeb names, logos, software, Sites, trademark(s), copyrighted materials of all kinds contained on any Site, and all other information regarding TeacherWeb and the provisioning of the Service.
- TeacherWeb reserves the right to discontinue the Service at any time.
- TeacherWeb reserves the right to change any and all Content, software and other items used or contained in the Site and any Services and platform applications offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by TeacherWeb.
Disclaimer of Warranty
TEACHERWEB MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT.
TEACHERWEB AND ITS LICENSORS, IF ANY, DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) THE SERVICE OR ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE SERVICE AND ALLTEACHERWEB® CONTENT AND FACILITIES ARE PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY TEACHERWEB AND ITS LICENSORS, IF ANY.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS OBTAINED AT YOUR OWN DISCRETION AND RISK. YOU UNDERSTAND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE SUSTAINED TO OR BY YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY DOWNLOAD OF ANY SUCH MATERIAL.
Limitation of Liability
IN THE EVENT OF ANY CLAIM BY YOU AGAINST TEACHERWEB, IN NO EVENT SHALL TEACHERWEB’S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS, IF ANY, ACTUALLY PAID BY YOU AND/OR DUE FROM YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL TEACHERWEB AND/OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF TEACHERWEB OR ITS LICENSORS, IF ANY, HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Note: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Consequently, the limitations described in the prior two sections may not apply to Users
- You agree to and shall defend, indemnify and hold harmless TeacherWeb, its employees, directors and officers, from and against any and all liability (including reasonable attorney’s fees and court costs) that it may incur, by reason of your use of the Services when performed by TeacherWeb pursuant to and in accordance with this Agreement.
- You agree to and shall defend, indemnify and hold harmless TeacherWeb, its employees, directors and officers, from and against any and all liability (including reasonable attorney’s fees and court costs) that it may incur, by reason of any breach by you of your obligations under these Terms and Conditions, or other acts or omissions of yours in the course of using the Services, and for any claims against TeacherWeb arising therefrom.
Some backgrounds & divider line graphics are provided with permission from Country Clipart
Additional Terms and Conditions
- The foregoing Terms and Conditions constitute the entire agreement between you and TeacherWeb and govern your use of the Service, superseding any prior agreements between you and TeacherWeb.
- You also may be subject to additional terms and conditions that may apply when you use affiliated or other TeacherWeb services, third-party Content or third-party software.
- These Terms and Conditions and the relationship between you and TeacherWeb shall be governed by the laws of the State of Connecticut without regard to conflict of law provisions.
- You and TeacherWeb agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Connecticut, County of Fairfield.
- The failure of TeacherWeb to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
- If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions shall remain in full force and effect.
- You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms and Conditions must be commenced within one (1) year after such claim or cause of action arose or such claim or cause of action shall be forever barred.
- The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.
- You acknowledge that no employment, joint venture or partnership relationship between us has existed or now exists, and none is intended to be created or formed by virtue of this Agreement.
- This Agreement shall inure to the benefit of, and be binding upon, your heirs and administrators, and on our respective successors and assigns.
- You may not assign this Agreement or otherwise delegate any of your rights or obligations under this Agreement to any other person without the express prior written permission of TeacherWeb.
- If it becomes necessary for TeacherWeb to commence any action at law or in equity to enforce or interpret the terms of this Agreement, and if TeacherWeb is the prevailing party in any such action, TeacherWeb shall be entitled to an award against you for reasonable attorney’s fees, costs, and disbursements in addition to any other relief to which TeacherWeb may be entitled.
- Whenever used herein, the singular shall mean and include the plural, the plural the singular, and the use of any gender shall be equally applicable to all genders whenever the context so requires.
- Unless otherwise expressly provided herein, the rights and remedies of TeacherWeb are cumulative and not alternative. No failure or any delay by TeacherWeb in exercising any right, power or privilege under this Agreement or any of the documents referred to in this Agreement will operate as a waiver of such right, power or privilege, unless such waiver is in writing and signed by TeacherWeb.
- You acknowledge that any legal, statutory or equitable presumption that a disputed provision of this Agreement must be construed against the drafter (i.e. TeacherWeb) shall have no application whatsoever to this Agreement or to any of the documents referred to in this Agreement.
Except for injunctive relief or other equitable remedy, any controversy or claim arising out of or relating to this Agreement or the interpretation thereof ("Claims") may be resolved, at TeacherWeb’s sole option, via binding arbitration in accordance with and administered by either the American Arbitration Association ("AAA"), or the American Dispute Resolution Center, Inc. ("ADR Center"), in either case in the County of Fairfield, State of Connecticut, as chosen by TeacherWeb, and shall be decided by a single arbitrator to be selected either by us by agreement, or, if we cannot agree, by either such organization selected by TeacherWeb, in accordance with the rules of either organization then in effect. Any award or decision rendered shall be made by means of a written opinion explaining the arbitrator’s reasons for the award or decision, and the award or decision shall be final and binding upon us. The arbitrator may not amend or vary any provision of this Agreement. Judgment upon the award or decision rendered by the arbitrator may be entered in any court of competent jurisdiction. You agree that the non-prevailing party in the arbitration proceeding shall reimburse the prevailing party for the latter’s costs of arbitration and its reasonable attorney’s fees, expert witness fees and other out-of-pocket costs incurred.
Entire Agreement; Integration
THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN US WITH RESPECT TO THE SUBJECT MATTER COVERED IN THESE TERMS AND CONDITIONS AND SHALL SUPERSEDE ANY PRIOR OR CONTEMPORANEOUS WRITTEN OR ORAL EXPRESSION OF INTENT OR UNDERSTANDING WITH RESPECT TO OUR RELATIONSHIP (INCLUDING, BUT NOT LIMITED TO, ANY PRIOR VERSIONS OF THESE TERMS AND CONDITIONS). NO REPRESENTATION, INDUCEMENT, PROMISE, UNDERSTANDING, CONDITION OR WARRANTY NOT SET FORTH ABOVE HAS BEEN MADE OR RELIED UPON BY EITHER OF US. EXCEPT AS MAY BE EXPRESSLY PROVIDED HEREIN, NEITHER THIS AGREEMENT NOR ANY PROVISION HEREOF IS INTENDED TO CONFER ON ANY OTHER PERSONS, FIRMS, CORPORATIONS OR OTHER ENTITIES, ANY RIGHTS OR REMEDIES HEREUNDER.