(Updated April 24, 2019)
1. GENERAL RULES AND DEFINITIONS
1.1 If you choose to use TeachingBooks.net service (the "Service"), you will be agreeing to abide by all of the terms and conditions of this Agreement between you and TeachingBooks.net, LLC.
1.2 Users of the Service are responsible for their use of the Service, and TeachingBooks.net assumes no liability regarding any use of the Service by any user, whether or not the user is registered as a subscriber or not.
TeachingBooks.net may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the Service. IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU MAY CANCEL YOUR SUBSCRIPTION BY FOLLOWING THE LINKS FROM THE BOTTOM OF THE CHANGE YOUR PROFILE AREA OF THE TEACHINGBOOKS.NET WEB SITE. (SEE CANCELLING YOUR SUBSCRIPTION IN THIS DOCUMENT FOR FURTHER DETAILS.) YOUR USE OF THE SERVICE NOW, OR YOUR CONTINUING USE OF THE SERVICE FOLLOWING ANY CHANGES IN THIS SUBSCRIBER AGREEMENT, INDICATES ACCEPTANCE OF SUCH RULES, CHANGES, OR MODIFICATIONS.
1.4 TeachingBooks.net may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. TeachingBooks.net may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
2. TEACHINGBOOKS CONTENT
2.1 The contents of the Service are intended for your personal, noncommercial use. All materials published on or provided through the Service (including, but not limited to photographs, images, illustrations, audio clips, video clips and teacher guides, referred to in this Agreement as the "Content") are protected by copyright, and owned or controlled by TeachingBooks.net LLC, the respective authors, publishers or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service.
2.2 The Service and the Content are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 2.3 of this Agreement), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Service (including software) in whole or in part.
2.3 You may download or copy the Content and other downloadable items displayed on the Service for non-commercial educational or personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content other than for this specified non-commercial educational or personal use, as well as any other use of the Content, is expressly prohibited without prior written permission from TeachingBooks.net and any other copyright holder identified in the copyright notice indicated for the Content. Under no circumstances may you sell, transfer, lease, rent, license or sublicense the use of the Content or any part of the Content to any party; provided, however, that if you are a teacher, you may provide your students with a copy of the Content for their personal use.
3. ACCESS AND AVAILABILITY OF SERVICE AND LINKS
3.1 TeachingBooks.net contains links to other related World Wide Web Internet sites and resources. These remote sites are operated by third parties and not by TeachingBooks.net. TeachingBooks.net provides these links to you solely as a convenience, and the inclusion of any link does not imply endorsement by TeachingBooks.net of the remote site or its Affiliates, or any materials contained within. Such sites are not under the control of TeachingBooks.net, and TeachingBooks.net is not responsible for the availability, accuracy, or any information, content, products or services accessible from such sites. You should direct any concerns regarding any external link to the site administrator or Webmaster of such site.
4. REPRESENTATIONS AND WARRANTIES
4.1 You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old or if you are less than 13 years old, you are using the Service through your teacher's or parents' account and with their permission. You hereby indemnify, defend and hold harmless TeachingBooks.net LLC, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. TeachingBooks.net reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
4.2 TeachingBooks.net does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by TeachingBooks.net LLC, any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk.
4.3 EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, FEE-BASED SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) IS PROVIDED "AS IS," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, TEACHINGBOOKS.NET AND THE AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE BY TEACHINGBOOKS.NET. TEACHINGBOOKS.NET DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR THE FEE-BASED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE OR FEE-BASED SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SERVICE, INCLUDING FORUMS OR THE SERVER(S) ON WHICH THE SERVICE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
4.4 USE OF THE SERVICE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SERVICE. UNDER NO CIRCUMSTANCES SHALL TEACHINGBOOKS.NET OR ITS AFFILIATES, OR ANY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES FOR TEACHINGBOOKS.NET OR THE AFFILIATES, BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICE OR FEE-BASED SERVICES, EVEN IF TEACHINGBOOKS.NET, THE AFFILIATES, OR THEIR PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY SUCH LIMITED REMEDY. THE TOTAL LIABILITY OF TEACHINGBOOKS.NET AND THE AFFILIATES HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE FEE-BASED SERVICES. YOU HEREBY RELEASE TEACHINGBOOKS.NET AND THE AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, BUT YOU AGREE THAT SUCH LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
5. REGISTRATION AND SECURITY
5.1 As part of the Educator Area personalization process, you will select a password and use your work email address as your unique ID. You also have to give TeachingBooks.net certain registration information, all of which must be accurate and updated. (a) You may not (i) select or use a subscriber ID of another person with the intent to impersonate that person; (ii) use a subscriber ID in which another person has rights without such person's authorization; or (iii) use a subscriber ID that TeachingBooks.net, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account. (b) You shall be responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of TeachingBooks.net.
5.2 You shall notify firstname.lastname@example.org of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.
5.3 TeachingBooks.net does not knowingly collect any information, including any identifiable information from students in PreK-12 environments. Specifically regarding children under 13, we do not collect, maintain, use or share student data to third parties. If you are a person under the age of 13, we do not want to receive any personal information about you—including information like your name, address or email address.
5.4 You are responsible for all usage or activity on your TeachingBooks.net account, including use of the account by any third party authorized by you to use your subscriber ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at TeachingBooks.net sole discretion, and TeachingBooks.net may refer you to appropriate law enforcement agencies.
6. FEES AND PAYMENTS
6.1 Access Fees: TeachingBooks.net reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole. In no event will you be charged for such access unless we obtain your prior agreement to pay such charges. Thus, if at any time TeachingBooks.net requires a fee for any portions of the Service that are then currently free to you, TeachingBooks.net will give you advance notice of such fee and the opportunity to decline to pay such fee (and cancel your access) before such fee is charged. All fees, if any, can be easily accessed from the FAQs section of the Service and other appropriate locations on the Service. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Service by TeachingBooks.net or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Service through your account. If you do not pay the fee for access to fee-only areas of the Service, you will not have access to such areas.
6.2 Fees, Expiration Dates and Vendors: Current direct annual subscription fees and charges, if any, are posted on TeachingBooks.net under http://www.TeachingBooks.net/Pricing. Selected vendors and service providers may be authorized by TeachingBooks to offer TeachingBooks subscriptions and may offer different pricing structures. You can check anytime before your account expires and get information about who manages your subscription and how to renew it by signing onto the Account Setup page. You must be logged in to your TeachingBooks account to access this information.
6.3 Payment and Purchase Orders: At present, TeachingBooks.net accepts only checks as a means of payment for direct annual subscriptions. Payment must be received by TeachingBooks within 45 days of the beginning of your direct subscription to a fee-based area of the Service. Your purchase order will be accepted by TeachingBooks.net for accounting convenience only. No terms or conditions contained in any purchase order shall amend this Agreement or shall otherwise constitute an agreement between the parties. Failure to pay the subscription fee by the due date will result in the immediate cancellation of your subscription.
6.4 Free Trial: If you have not obtained a paid subscription to TeachingBooks.net from one of TeachingBooks' associates, then upon your initial registration for the Service, you will receive a free trial subscription period, during which time you can explore the Service. You can also register for a free 14-day trial.
TeachingBooks will periodically email you reminders that you are using a free trial subscription and will direct you to a page that enables you to obtain an annual subscription to the Service. Your annual subscription will commence at the expiration date of your trial, even if you opt to purchase a subscription early in your trial period. You may cancel your registration at any time during the trial period and you will not be billed for an annual subscription. Failure to pay the annual subscription fee by the due date will result in the immediate cancellation of your subscription.
6.5 Automatic Renewal: When your annual TeachingBooks subscription expires, TeachingBooks does not automatically renew the subscription and bill you. Instead, we send emails asking you to decide to continue subscribing and initiate the renewal.
6.6 Cancellations and Refunds: You may cancel your TeachingBooks subscription at anytime, but after the receipt of your payment, your subscription fee for the remaining annual term will not be refunded. If you never send payment, your subscription is automatically cancelled.
6.7 Fee Increases: Your annual subscription fee will not be changed during your annual subscription term. TeachingBooks reserves the right to change its fees at any time, but the new fee will not apply to you until your current annual subscription is renewed.
6.8 Bulk Subscriptions: TeachingBooks gives discounts for subscriptions to educational organizations, associations and government entities to provide these resources for their constituents. To inquire about these rates, contact nick@TeachingBooks.net, (608) 257-2919.
7. COMMUNICATIONS BETWEEN TEACHINGBOOKS.NET AND SUBSCRIBERS
7.2 TeachingBook.net reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Service.
8. SOFTWARE LICENSES
8.1 You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Service ("Access Software"). This includes any software that you downloaded from a link on the TeachingBooks.net site. You may not sublicense, assign or transfer any licenses granted by TeachingBooks.net, and any attempt at such sublicense, assignment or transfer shall be null and void. You may not copy, distribute, modify, reverse engineer, or create derivative works from Access Software.
9. CANCELATION OF SERVICES
9.1 You may terminate your account at any time, which makes your user name, password, and customized communications inactive. To cancel your subscription, follow the links from the bottom of the Change Your Profile page. Upon confirmation of your desire to terminate your account, you will receive an automated confirmation via e-mail that the request was received, and your access will be suspended within 48 hours. You are responsible for all charges, if any, incurred up to the time the account is deactivated.
9.2 TeachingBooks.net may, in its sole discretion, terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach or assignment of this Agreement.
10.1 This Agreement has been made in and shall be construed and enforced in accordance with Wisconsin law. Any action to enforce this agreement shall be brought exclusively in the federal or state courts located in Madison, Wisconsin. You consent to the personal jurisdiction of such courts.
10.3 Official correspondence must be sent to:
4510 Regent Street, Suite 2A
Madison, WI 53705
10.4 You agree to report any copyright violations of the Subscriber Agreement to TeachingBooks.net as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained in the TeachingBooks.net service, please notify Nick Glass, Founder & Executive Director, TeachingBooks.net, 4510 Regent Street, Suite 2A, Madison, WI, 53705; (800) 596-0710; (800) 596-0710; e-mail: email@example.com (Please direct all general questions to firstname.lastname@example.org.)