Terms of Service

TERMS OF USE

These Terms of Use describes the use of services on which TIPS4TEACHERS a property of TIPS4TEACHERS, LLC. (referred to herein as “TIPS4TEACHERS.NET” “we,” “us,” or “our”) offer you access to our services. Your permission to use the TIPS4TEACHERS.NET Service, and the licenses granted herein, are expressly conditioned upon your acceptance of these Terms of Use. If you object to anything in these Terms of Use, you are not permitted to use the service. The following additional terms and conditions and policies are hereinafter referred to as this “Agreement”.

  1. Description of Service.

TIPS4TEACHERS.NET is a web-based platform for enabling content-creating educators to be recognized for their original work. This service provides educators with an online venue to share educational materials with one another (“Educational Resources”) as well as a system to give and receive monetary donations hereinafter referred to as “Tips”. Educational materials may consist of original digital or physical materials created by the educator either uploading the content onto the TIPS4TEACHERS.NET website or linking to resources on a third-party website or service. The service provided by TIPS4TEACHERS is hereinafter referred to as the “Service.” TIPS4TEACHERS at no time owns any product for or on behalf of the educators using the Service. Educators who share Educational Resources via the Service are referenced herein and in the Service as “Sharers.” Any person or persons who uses the Service to give “tips” in the form of monetary donation are referenced herein as “Benefactors”.

This Terms of Use/User Agreement (“Agreement”) governs your access to and use of the Service, whether in the capacity of a Sharer, Benefactor, or visitor, including the finding, sharing, and posting of Educational Resources, and participating in other online services of which features and activities shall also be considered part of the “Service.” While portions of the Services provided by TIPS4TEACHERS.NET are publicly available to all visitors to the site, other portions of the Service are available only to registered members who are Sharers. By registering with TIPS4TEACHERS.NET or by using the Service in any manner – including, but not limited to, by visiting the www.TIPS4TEACHERS.NET website – you acknowledge and agree to the terms stated in this Agreement. This Terms of Service applies to both Sharers, and Benefactors.

  1. TIPS4TEACHERS.NET Does Not “Sell” Educational Resources

TIPS4TEACHERS.NET is a platform for educators to share their original content and potentially receive Tips as a recognition of their contribution to the world of education and NOT a marketplace where educational resources are “sold” in exchange for monetary compensation. TIPS4TEACHERS.NET does not take part in the interaction between Sharers and Benefactors. TIPS4TEACHERS.NET does not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any ratings provided by Sharers, Educational Resources created by Sharers, nor the integrity, responsibility or any of the actions or omissions whatsoever of any Sharers. TIPS4TEACHERS.NET can neither confirm that each Sharer is who they claim to be nor assume any responsibility for the accuracy or reliability of any Educational Resources provided through the Service.

  1. The Service Is For Adults Only.

The Service is for adults only. Users must be 18 years or older to use this site; users under 18 are not authorized to use the Service.

  1. Fees, Services, Pricing, and Payments.
  2. Fees.

Membership Fees, Service Fees & Transaction Fees. Sharers who wish to share their original Educational Resources through the Service must join TIPS4TEACHERS.NET.

There are three types of memberships available for Sharers: (i) Standard Membership (ii) B+ Membership and (iii) A+ Membership. Standard Members are Sharers who pay no annual membership fee. B+ and A+ Members are Sharers who must pay an annual membership fee of $3/month charged annually (or $4 month-to-month) or $5/month charged annually (or $6 month-to-month) respectively at the time of registration. Basic and B+ members who are Sharers will both be charged a transaction fee of 30¢ on every transaction less than $1 made through the Service. A+ Members will have all transaction fees paid for by the Tips4Teachers service. The service and transaction fees are described in greater detail in Section 4B below. Basic members can upgrade membership to the Premium memberships at any time. Non-member users are not required to join TIPS4TEACHERS.NET for access to shared Educational Resources or pay Tips as a Benefactor.

  1. Agreement of Sharers to Pay Fees and to Upload or Link Teaching Content.

In consideration for the services provided by TIPS4TEACHERS.NET, you (the Sharer) agree to pay TIPS4TEACHERS.NET a service fee (“Service Fee”) for all Tips earned through the Service, in accordance with the following: (i) Standard Members will pay a Service Fee equal to 30% of each Tip received through the Benefactor-chosen payment gateway; (ii) B+ Members will pay a Service Fee equal to 15% of each Tip received through the Benefactor-chosen payment gateway; (iii) A+ Members will pay a Service Fee equal to 5% of each Tip received through the Benefactor-chosen payment gateway

For each transaction, TIPS4TEACHERS.NET will pay the Transaction Fee of the Benefactor-chosen payment gateway (i) if the Tip was made to an A+ member OR (ii) the Tip made to the Standard or B+ Member was greater than $1. After the service and transaction fees have been deducted, we will distribute the remaining Tip to the Sharers on a monthly basis as follows: (a) TIPS4TEACHERS.NET will collect Tips from Benefactors through the payment gateway provided on the TIPS4TEACHERS.NET website, (b) TIPS4TEACHERS.NET will notify you (the Sharer) by email of the Tip once the transaction has been verified and collected from the Benefactor, and (c) provided you are in compliance with these Terms, on a monthly basis, TIPS4TEACHERS.NET will distribute the monies due to you (as a Sharer) in accordance with this Section 4B.

All unpaid monies due to Sharers pursuant to this Section 4B will be paid to such Sharers as close to 21 days following the last day of the month in which the Tip transaction was completed by the Benefactor. Although by default monthly payments will be made through PayPal for all Sharers, TIPS4TEACHERS.NET does reserve the right to consider an alternative form of payment on a case-by-case basis. You, as the Sharer, are responsible for providing all required account information so that payments can be disbursed by TIPS4TEACHERS.NET.

  1. Termination or Suspension of Membership

TIPS4TEACHERS.NET may terminate or suspend your right to use the Service provided by TIPS4TEACHERS.NET at any time for any or no reason by providing you with written or email notice of such termination or suspension. The termination or suspension will be effective immediately upon delivery of the notice.

Without limitation, if you are in breach of any terms of this Agreement, for example due to violation of the conduct provisions in Section 6 (Member & Visitor Misconduct), we reserve the right, according to our sole discretion, to withhold any funds that would otherwise be due to you under these Terms, and either keep those funds permanently, or refund them to the benefactors who purchased content from you. You will not be entitled to any refund of unpaid balances in your account. In addition to terminating or suspending your account, TIPS4TEACHERS.NET reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

You may also terminate this Agreement at any time by ceasing all use of the TIPS4TEACHERS.NET Service.

  1. Additional Agreements and Obligations of Sellers.

For any Educational Resource you upload as a Sharer, you agree to provide your authorization, in the form of the statement below, to visitors who download, print, or make copies of those resources.

“The holder of this receipt is authorized by the owner or creator of the materials listed below, to print and/or make copies of these materials for personal use and/or classroom instruction.”

 

  1. Electronic Signatures and Contracts.

As a benefactor your use of the Service includes the ability to pay Tips electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR ALL TIP TRANSACTIONS. 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. As a visitor and/or user of shared Educational Resources, in order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

  1. Limitations.

Your direct interactions (if any) with other visitors to or Members of the Service, including the sharing of Educational Resources or donation of Tips are solely between you and that individual. You also understand and agree that TIPS4TEACHERS.NET is not involved in any actual transactions made through the Service and that it is not the agent or representative of any Sharer. TIPS4TEACHERS.NET is thus not responsible for any loss or damage incurred through any such dealings or with respect to any Member’s use or disclosure of personally identifiable information.

ANY DISPUTE BETWEEN YOU AND ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY MEMBER OR VISITOR OF THE SERVICE), TIPS4TEACHERS.NET IS UNDER NO OBLIGATION TO BECOME INVOLVED, AND YOU HEREBY RELEASE TIPS4TEACHERS.NET FROM ANY CLAIMS, DEMANDS, OR DAMAGES OF ANY KIND AND OF ANY NATURE ARISING OUT OF OR RELATING TO ANY SUCH DISPUTE. You agree that you are solely and exclusively responsible for any federal, state, or local taxes, including sales taxes, that might apply to any sales you make in connection with Service.

  1. Refund Policy

As a Benefactor, it is your responsibility to apply for and have access to the payment gateway of your choice. If for any reason you, as the Benefactor, request a refund of a Tip within 48 hours of the completed transaction that has not yet been paid out to the Sharer, TIPS4TEACHERS.NET will issue a refund of that original amount minus any transaction fees charged by the payment processor. In the case that the Tip has been paid out to the Sharer, the amount refunded will be deducted from the Sharer’s next Monthly Payout, provided however that if the Sharer’s next Monthly Payout is less than the refund amount(s), TIPS4TEACHERS.NET may charge such refund amount(s) to the Sharer’s PayPal or other payment processor account.

  1. License Grants.
  2. License Grants by Sharers to TIPS4TEACHERS.NET

When you (the Sharer) submit or upload 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 TIPS4TEACHERS.NET a royalty-free, perpetual, irrevocable (except as expressly set forth in this Agreement), non-exclusive, worldwide, sub-licensable 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 Teaching Content available through the Service. IF YOU CHOOSE TO CANCEL YOUR MEMBERSHIP AND LEAVE THE SERVICE, AND/OR HAVE REMOVED YOUR TEACHING CONTENT FROM THE SERVICE, THIS LICENSE WILL BE DEEMED REVOKED AT THE TIME THAT YOU CANCEL YOUR MEMBERSHIP AND/OR REMOVE ALL SUCH TEACHING CONTENT.

  1. License Grants to Other Users.

When you (the Sharer) submit or upload content (including without limitation Teaching Content) on or through the Service, you represent and warrant that (a) you have all the rights and/or licenses necessary to use, reproduce, publish, publicly display, publicly perform, distribute, and otherwise exploit such content in connection with the Service, including the right to grant to others all of the rights and licenses contemplated herein; (b) the content will not infringe or otherwise violate the copyright, trademark, or other intellectual property rights of any third party; and (c) you have the consent, release, and/or permission of each identifiable person depicted in your content to upload, transmit, publish, sublicense, and/or disseminate their name and/or likeness through the Service. You (the Sharer) retain ownership of any rights – including, but not limited to, copyrights and trademark rights – you claim to your submitted content. As such you control the copyright licenses granted to anyone who uses your Educational Resources and it is your responsibility to give notice to those users of the terms under which you offer your Educational Resources to such users. Nothing in the Service or in these Terms limits the existing rights of the users of your Educational Resources 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, the Sharer, may wish to consider applying one of the copyright licenses made available through Creative Commons to your Teaching Content. You can find out more about these licenses at the Creative Commons website located at www.creativecommons.org.).

  1. Registration Obligations.

In consideration of your use of the Service, you represent that you are at least 18 years of age and are not a person barred from receiving these services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Service’s registration form (the “Member Data”) and (b) maintain and promptly update the Member Data to keep it true, accurate, current, and complete at all times. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if TIPS4TEACHERS.NET has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, without limiting any other remedies, TIPS4TEACHERS.NET has the right to suspend or terminate your Member Account and refuse any and all current or future use of the Service (or any portion thereof). Please see our Privacy Policy for further information.

  1. 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 share Educational Resources and/or receive Tips 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 TIPS4TEACHERS 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;

– include hyperlinks on TIPS4TEACHERS.NET, to the website of any other platform or service offering or facilitating the sale of teaching materials or other educational products.

– 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 TIPS4TEACHERS.NET’s 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;

– attempt to regain access to TIPS4TEACHERS.NET following a ban or account termination, including without limitation by means of opening or attempting to open a new account under the same or different Username;

– “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.

  1. Inappropriate User-Submitted Content.

TIPS4TEACHERS.NET 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) TIPS4TEACHERS.NET 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, TIPS4TEACHERS.NET 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 TIPS4TEACHERS.NET’s sole discretion.

  1. Links to Other Sites and Resources.

The Service contains links to other websites or resources. TIPS4TEACHERS.NET has no control over such external sites and resources. You agree that (i) TIPS4TEACHERS.NET is not responsible for the availability or accuracy of such external sites and resources, and (ii) TIPS4TEACHERS.NET 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.

  1. 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.TIPS4TEACHERS.NET/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.

  1. Privacy Policy

We take the privacy of our users’ and Members’ information very seriously. Our Privacy Policy is available at www.TIPS4TEACHERS.NET/Privacy-Policy. By accepting these Terms of Service, you agree to be bound by our Privacy Policy, which is by this reference expressly incorporated into this Agreement.

  1. Indemnity

By accepting this Agreement, you agree to indemnify and hold TIPS4TEACHERS.NET and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any and all claims, demands, liabilities, expenses, or tax assessments, including reasonable attorneys’ fees, arising out of any claim made by any third party or any action taken by any governmental or regulatory body (including, without limitation, the Federal Trade Commission or any state attorney general), due to, arising out of, or relating to (i) any product, content, information, or materials that you submit and make available through the Service, (ii) your use of the Service, (iii) your connection to the Service, (iv) your actual or alleged breach of this Agreement (including our Copyright Policy and Privacy Policy), (v) your actual or alleged infringement of any third party intellectual property or proprietary rights, or (vi) your actual or alleged violation of any applicable laws, rules, regulations, or rights of another.

  1. 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 TIPS4TEACHERS.NET SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TIPS4TEACHERS.NET, 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. TIPS4TEACHERS.NET 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. TIPS4TEACHERS 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. TIPS4TEACHERS 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 TIPS4TEACHERS 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 SELLERS OR TEACHER-BUYERS). 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, TIPS4TEACHERS 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.

  1. Limitation of Liability

YOU AGREE THAT TIPS4TEACHERS.NET, 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. TIPS4TEACHERS’ 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 TIPS4TEACHERS 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.

  1. Termination

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. When these terms come to an end, those terms that by their nature are intended to continue indefinitely will continue to apply, including but not limited to, ownership provisions, licenses, warranty disclaimers, indemnity, and limitations of liability.

  1. Miscellaneous Provisions

– Ownership of Site. With the exception of the Teaching Content, this site, the Service, and all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, content, and computer code therein (collectively, the “TIPS4TEACHERS Content”), including without limitation the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content is owned, controlled, or licensed by or to TIPS4TEACHERS, and is protected by trade dress, trade secret, copyright, patent, and trademark laws, and various other intellectual property rights.

Except as expressly provided in this Agreement or otherwise permitted by law, no TIPS4TEACHERS Content may be used, copied, reproduced, modified, republished, disassembled, reverse engineered, uploaded, posted, publicly displayed, publicly performed, publicly performed by means of a digital audio transmission, encoded, translated, transmitted, or distributed in any way to any other person, computer, server, website, or in any other medium for any purpose, without TIPS4TEACHERS’s express prior written consent.

– Entire Agreement. The Terms of Service, including TIPS4TEACHERS’ Copyright Policy and Privacy Policy, which are incorporated by reference above, constitute the entire agreement between you and TIPS4TEACHERS and governs your use of the Service.

– No Agency. TIPS4TEACHERS is not the agent or representative of any site users (including, without limitation, any Teacher-Sellers, Publisher-Sellers, or Teacher-Buyers), nor does it operate under their authority for any purpose. TIPS4TEACHERS 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 California, in the United States of America, without regard to its conflict of law provisions. The Service is operated by TIPS4TEACHERS, LLC, from its offices in California, in the United States of America. TIPS4TEACHERS 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.

– Dispute Resolution: Any dispute arising out of or relating to these terms or the Service shall be submitted exclusively to confidential binding arbitration in Los Angeles, CA, except that to the extent you have in any manner violated or threatened to violate TIPS4TEACHERS’s intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of California. Arbitration under these Terms of Use shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. If a suit, action, arbitration or other proceeding of any nature whatsoever is instituted in connection with any dispute or controversy arising out of or related to the subject matter of this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party, in addition to any other available remedy, all reasonable costs, including without limitation court costs, attorneys’ fees, and other expenses incurred in such proceeding.

– Waiver and Severability. The failure of TIPS4TEACHERS 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. TIPS4TEACHERS 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.

– TIPS4TEACHERS may change or amend these Terms. If we make material changes, we will notify you, either through the user interface, in an email notification, or through other reasonable means. Your use of the Service after the date such change(s) become effective will constitute consent to the changed terms. If you do not agree to the changes, you must immediately stop using the Service. Otherwise the new terms will apply to you.

– Future Changes in the Service. TIPS4TEACHERS 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. TIPS4TEACHERS will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

– Assignment. TIPS4TEACHERS may assign this agreement to any successor or purchaser of TIPS4TEACHERS 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, TIPS4TEACHERS.NET, the TIPS4TEACHERS.NET logo, and other TIPS4TEACHERS logos and names are trademarks of TIPS4TEACHERS, LLC. You agree not to display or use these trademarks in any manner without prior, written consent of TIPS4TEACHERS, LLC.