1. Acceptance of Terms
Welcome to TeacherPlanBook.com, an online lesson management system. TeacherPlanBook.com provides its services to you, subject to the following conditions. When using TeacherPlanBook.com services, you and TeacherPlanBook.com shall be subject to any posted guidelines or rules applicable to such services. TeacherPlanBook.com may update these conditions from time to time without notice.
2. Description of Service
TeacherPlanBook.com provides users with access to online services that allow you to create and manage classes, lessons, and events over the Internet and share these items with others. Unless explicitly stated otherwise, any new features that augment or enhance the current services, including the release of new services, shall be subject to the Terms of Service (TOS). You understand and agree that all services are provided "AS-IS" and that TeacherPlanBook.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
In order to use the services, you must obtain access to the World Wide Web, either directly or through devices that access Web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
3. Your Registration Obligations
In consideration of your use of TeacherPlanBook.com, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Settings link (such information being the "User Settings") and (b) maintain and promptly update the User Settings data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or TeacherPlanBook.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, TeacherPlanBook.com has the right to suspend or terminate your account and refuse any and all current or future use of TeacherPlanBook.com’s services (or any portion thereof).
4. Accounts May Not Be Shared
You understand that TeacherPlanBook.com accounts may not be shared. A TeacherPlanBook.com account may be used only by the single individual whose name appears in the User Settings. If TeacherPlanBook.com has reasonable grounds to suspect that an additional person has been accessing your account without having rendered proper payment to TeacherPlanBook.com, TeacherPlanBook.com has the right to suspend or terminate your account and refuse any and all current or future use of TeacherPlanBook.com services.
6. Member Accounts, Passwords, And Security
When you use TeacherPlanBook.com, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account and password. When you visit TeacherPlanBook.com or send e-mails to us, you are communicating with us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
7. Member Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not TeacherPlanBook.com, are entirely responsible for all Content that you post, e-mail, or otherwise transmit via TeacherPlanBook.com. TeacherPlanBook.com does not control the Content posted via TeacherPlanBook.com, as such, does not guarantee the accuracy, integrity, or quality of such Content. Under no circumstances will TeacherPlanBook.com be liable in any way for any Content, including, but not limited to, for 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 Content posted, e-mailed, or otherwise transmitted via TeacherPlanBook.com.
You agree to not use TeacherPlanBook.com to:
- upload, post, e-mail or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a TeacherPlanBook.com official, forum leader, guide or host, 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 TeacherPlanBook.com;
- upload, post, e-mail 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, e-mail, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of any party;
- upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation that are designated for such purpose;
- upload, post, e-mail, 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 TeacherPlanBook.com services or servers or networks connected to TeacherPlanBook.com services, or disobey any requirements, procedures, policies, or regulations of networks connected to TeacherPlanBook.com services;
- intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law;
- "stalk" or otherwise harass another; or
- collect or store personal data about other users.
You acknowledge that TeacherPlanBook.com may not pre-screen Content, but that TeacherPlanBook.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via TeacherPlanBook.com. Without limiting the foregoing, TeacherPlanBook.com and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge and agree that TeacherPlanBook.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third- parties; or (d) protect the rights, property, or personal safety of TeacherPlanBook.com, its users, and the public.
You understand that the technical processing and transmission of TeacherPlanBook.com services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree to indemnify and hold TeacherPlanBook.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to, or transmit through TeacherPlanBook.com, your use of TeacherPlanBook.com services, your connection to TeacherPlanBook.com services, your violation of the TOS, or your violation of any rights of another.
9. No Resale of Service
You agree not to reproduce, duplicate, or copy any portion of TeacherPlanBook.com, use of TeacherPlanBook.com services, or access to TeacherPlanBook.com services.
10. General Practices Regarding Use and Storage
You acknowledge that TeacherPlanBook.com may establish general practices and limits concerning use of TeacherPlanBook.com services, including without limitation posted Content that will be retained by TeacherPlanBook.com services, the maximum disk space that will be allotted on TeacherPlanBook.com servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access TeacherPlanBook.com services in a given period of time. You agree that TeacherPlanBook.com has no responsibility or liability for the deletion or failure to store any data and other communications or other Content maintained or transmitted by TeacherPlanBook.com services. You acknowledge that TeacherPlanBook.com reserves the right to delete accounts that are inactive for an extended period of time. You further acknowledge that TeacherPlanBook.com reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
11. Modifications to Service
TeacherPlanBook.com reserves the right at any time to modify or discontinue, temporarily or permanently, TeacherPlanBook.com services (or any part thereof), with or without notice. You agree that TeacherPlanBook.com shall not be liable to you or to any third party for any modification, suspension, or discontinuance of TeacherPlanBook.com services.
You agree that TeacherPlanBook.com, in its sole discretion, may terminate your password, username, account (or any part thereof) or use of TeacherPlanBook.com, and remove and discard any Content within TeacherPlanBook.com services, for any reason, including, without limitation, for lack of use or if TeacherPlanBook.com believes that you have violated or acted inconsistently with the letter or spirit of the TOS. TeacherPlanBook.com may also in its sole discretion and at any time discontinue providing TeacherPlanBook.com services, or any part thereof, with or without notice. You agree that any termination of your access to TeacherPlanBook.com services under any provision of this TOS may be effected without prior notice, and acknowledge and agree that TeacherPlanBook.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or TeacherPlanBook.com services. Further, you agree that TeacherPlanBook.com shall not be liable to you or any third party for any termination of your access to TeacherPlanBook.com services.
13. Proprietary Rights
You acknowledge and agree that TeacherPlanBook.com services and any necessary software used in connection with TeacherPlanBook.com services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through TeacherPlanBook.com services is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.
14. Disclaimer of Warranties
You expressly understand and agree that:
Disclaimer of warranties and limitation of liability this site is provided by TeacherPlanBook.com on an "as is" and "as available" basis. TeacherPlanBook.com makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk.
- TeacherPlanBook.com makes no warranty that (i) TeacherPlanBook.com services will meet your requirements, (ii) TeacherPlanBook.com services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of TeacherPlanBook.com services will be accurate or reliable, (iv) the quality of any products, services, information, or other material obtained by you through TeacherPlanBook.com services will meet your expectations, and (v) any errors in the software will be corrected.
- To the full extent permissible by applicable law, TeacherPlanBook.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. TeacherPlanBook.com does not warrant that this site, its servers, or e-mail sent from TeacherPlanBook.com are free of viruses or other harmful components. You expressly understand and agree that TeacherPlanBook.com shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if TeacherPlanBook.com has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use TeacherPlanBook.com services; (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 TeacherPlanBook.com services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on TeacherPlanBook.com services; or (v) any other matter relating to TeacherPlanBook.com services.
- Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Notices to you may be made via either e-mail or regular mail. TeacherPlanBook.com services may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on TeacherPlanBook.com services.
16. Trademark Information
TeacherPlanBook.com, the TeacherPlanBook.com logo, and other TeacherPlanBook.com logos and product and service names are trademarks of TeacherPlanBook.com. Without TeacherPlanBook.com's prior permission, you agree not to display or use in any manner, the TeacherPlanBook.com Marks.
17. Copyrights and Copyright Agents
TeacherPlanBook.com respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide TeacherPlanBook.com with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed upon;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
TeacherPlanBook.com can be reached as follows:
999-32 Montauk Hwy., Ste. 432
Shirley, NY 11967
By phone: (631) 801-6159
By e-mail: firstname.lastname@example.org
18. General Information
The TOS constitute the entire agreement between you and TeacherPlanBook.com and govern your use of TeacherPlanBook.com services, superseding any prior agreements between you and TeacherPlanBook.com. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. The TOS and the relationship between you and TeacherPlanBook.com shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and TeacherPlanBook.com agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Suffolk, New York. The failure of TeacherPlanBook.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 the TOS 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 TeacherPlanBook.com services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Report any violations of the Terms of Service to support@TeacherPlanBook.com.