Capitalization: chapter 11--pre-test

Privacy Policy

SUMMARY

The following policy applies to TeacherToolsOnline.com and ShopTalkCommunity.com (referred to herein "TTO”, “Shop Talk”, or "We"). We are committed to protecting the privacy and security of our online visitors. This Privacy Policy applies only to our online practices.

PERSONALLY IDENTIFIABLE INFORMATION

We consider the following, among other things, to be personally identifiable information: first and last name, e-mail address, street address and phone number. Information that we use internally to identify you as a user in our system, such as your selected User Name, is not considered personally identifiable information. We (and/or our agents or affiliates) may collect online and use personally identifiable information from our online visitors: (1) to process and fulfill transactions; (2) in connection with contests, sweepstakes, games, surveys, forums, subscription registrations, content submissions, classroom activities, message boards, blogs, our requests for suggestions and visitors'? requests for information; (3) to customize the content of our site for our visitors'? current and future needs; and (4) to provide service related announcements to you. We may even share such information between the buyers and sellers on our site in connection with transactions between such buyers and sellers. In addition, this personally identifiable information may be used to provide our visitors, via e-mail or other means, information about materials and activities that may be of interest to them, including products or services of third parties. For these reasons, we may share such information with third parties. 

Information You Provide

During the registration process, we collect your school information, school e-mail address, personal e-mail address and phone number. This information helps to ensure we can maintain your access to any content you’ve been granted access to. You may be granted the ability to provide additional information about yourself in your Member Profile, and you can choose to provide as much or as little information about yourself in your public Member Profile as you see fit. We may also have open message boards or blogs where you can provide any personal information that you choose. Please note that the information you provide in the Member Profile, message boards or blogs is open to the public and available for all eyes to see.

Access To Your Personal Information

You can view any personally identifiable information we have collected from you in your Profile Page, where you can add, edit, or remove information as you see fit. You can always access your Member Profile Page by logging in to your 'Edit Profile' page at this link: http://www.TeacherToolsOnline.com.

NON-PERSONALLY IDENTIFIABLE INFORMATION AND THE USE OF COOKIE TECHNOLOGY.

We collect non-personally identifiable information through the use of a software technology called "cookies," and through our visitors' voluntary submissions to us and/or upon our request. By non-personally identifiable information, we are referring to information about our visitors' browsers (e.g., Netscape Navigator or Internet Explorer), operating systems (e.g., Windows or Macintosh), Internet service providers (e.g., AOL or NET.COM) and other similar information which we track in aggregate form. The non-personally identifiable information that we track is anonymous and will never be identified with or lead us back to any of our visitors.

Cookie technology helps us to know how many people visit us and where visitors go on our site. Cookies are small bits of information we send to your computer. Cookies allow us to save information from previous visits to simplify finding material and remember search criteria. Among other things, this non-personally identifiable information allows us to know which areas are favorites, which areas need a bit of improvement, or what technologies and Internet services are being used by our visitors so that we may continually improve our visitors' online experiences.

USE OF IP ADDRESSES

We collect IP addresses to obtain aggregate information on the use of TeacherToolsOnline.com. An IP address is a number assigned to your computer by a Web server when you're on the Web. When you are on our site, we have a back-end server that logs your computer's IP address. We only use the information we find out from tracking IP addresses in the aggregate, such as how many users entered a specific area of our site, and not to track a specific IP address to identify an individual user. However, we may use such information to identify a user if we feel that there are or may be safety and/or security issues or to comply with legal requirements.

SECURITY

We ensure that all personally and non-personally identifiable information that we receive via the Internet is secure against unauthorized access. This information is kept in a safe and secure system isolated from direct connection to the Internet. This means that no eyes but ours will ever see the information that our visitors send to us, unless we indicate otherwise, or it is in your Member Profile, or message board or blog area. We will give out personal information as required by law, for example to comply with a court order or subpoena or to assist in criminal investigations. We may also give out personal information when we deem it advisable in order to protect the safety and security of our sites and visitors to our sites.

How are we safe?

We use secure server software over a Secure Socket Layer (SSL) line to protect your credit card information. It encrypts all of your personal and credit card information so that this information cannot be read as it travels to our ordering system, and once it is received, it is stored in a location not accessible via the Internet.

LINKS TO OTHER SITES

Visitors will find links from TeacherToolsOnline.com or ShopTalkCommunity.com to independently-owned, controlled and/or managed World Wide Web or Internet sites whose content we have found of possible interest to our visitors. In many cases, but not always, the links represent cooperative projects or mutual links established with the organizations connected with these sites. While we initially visit these sites to which we directly link, please note that we do not monitor or control the content that appears on these sites and such content may be constantly changing. We encourage all end users of TeacherToolsOnline.com to read the privacy policies of all linked sites before navigating through them.

The fact that a link is listed on this site does not mean that BJU Press endorses its entire contents from the standpoint of ethics, philosophy, theology, or scientific hypotheses. The position of BJU Press on these subjects is well known. In order to provide a useful service to our customers, links to many sites of content relevant to our publications are posted on the basis of the information and/or services that the sites offer.

Due to the transient nature of Internet websites, these links are updated regularly. At the time of publication, all of the web links suggested in our educational materials were active. Since then, some may have been replaced by similar websites or removed from this list. If you have comments, suggestions, questions, or find that one of these resources is no longer in service, please e-mail us.

Please note that we may revise our above policy without notice to users as the content on our sites continues to change and we will post all such material changes on this Privacy Policy.

We hope that you enjoy exploring and participating in our site.

TeacherToolsOnline.com is owned and operated by BJU Education Group, Inc. 1430 Wade Hampton Blvd, 29609. You can reach us from our Contact Us page. If you have any questions about our privacy policy or practices, or you wish to amend, update, or verify the information on file, or to notify us that you want your information deleted from our files, please contact us at this address.

Terms of Use

Welcome to Teacher Tools Online^®. Please review these Terms of Service.

In order to use Teacher Tools Online^®, you must read and accept all of the terms of this agreement and the privacy policy. You may not use Teacher Tools Online^® if you do not agree to be bound by these terms of service. You must be at least 18 years of age to accept this Terms of Service agreement so that you can use Teacher Tools Online^®. You understand that BJU Press can change the terms of service or the privacy policy by posting changes to this Website. Your ongoing use of Teacher Tools Online^® indicates that you accept any changes to the Terms of Service Agreement. We reserve the right to change or terminate Teacher Tools Online^® for any reason, and without notice, without liability to you, any other Member, or any third party.

The following describes the terms on which BJU Press (referred to herein as “BJU Press,” “Teacher Tools Online^®,” “Shop Talk,” “Shop Talk Community,” “we,” or “us”) offer you access to our services. Your permission to use Teacher Tools Online^® and Shop Talk Community Services, and the licenses granted herein, are expressly conditioned upon your acceptance of these Terms of Service, and the following additional terms and conditions and policies, which are hereby incorporated by reference (collectively, the “Agreement”):

 

Privacy Policy

 

1. Description of Service.

 

Teacher Tools Online^® is a web-based service available from the domain www.TeacherToolsOnline.com and encompasses both the services found at that domain as well as the services found at www.ShopTalkCommunity.com. This service provides teachers with resource Content to augment their curriculum as well as a forum at the www.ShopTalkCommunity.com domain. The services provided by Teacher Tools Online^® is referenced herein as the “Service.”

 

This Terms of Service/User Agreement (“Agreement”) governs your access to and use of the Service, whether in the capacity of a Teacher, Administrator, or visitor, including the finding, downloading, posting, and sharing of Content, and participating in online forums, feedback loops, bulletin boards, wikis, and chats, which features and activities shall also be considered part of the “Service.” Portions of the Teacher Tools Online^® service are publicly available to all visitors to the site. Other portions of the Service are available only to registered members who are Teachers and/or Administrators (collectively, “Members”). By registering with Teacher Tools Online^® or by using the Service in any manner – including, but not limited to, by visiting the www.TeacherToolsOnline.com website – you acknowledge and agree to the terms stated in this Agreement. This Terms of Service applies to both visitors and Members.

BJU Press ("Licensor") grants you a nonexclusive license ("License") for the software ("Software") and documents ("Documents") contained on this electronic medium, and any derivative works created in your use of the Documents. The Software, Documents, and derivative works of the Documents are hereafter collectively referred to as the "Product." The Product is subject to protection under copyright laws and other intellectual property laws of the United States and other jurisdictions. You may

 

1.            use the Product on a single computer at any one time;

2.            use the Product on more than one computer provided only one copy is used at a time or provided that copies used at the same time are used by the teacher and his or her designated assistant only;

3.            use the Product on a network provided that each user accessing the Product through the network has lawfully obtained a licensed copy of the Product or is a designated assistant of a licensed user;

4.            make one copy of any pages of the Product for archival or backup purposes, except the images which are labeled as restricted and are locked;

5.            create derivative works from the Documents as part of the normal use of the Documents, except the images which are labeled as restricted and are locked.

 

The Product is the sole and exclusive property of Licensor. Other than classroom distribution, you may not reproduce, redistribute, retransmit, modify, publish, or exploit any part of the Product, or permit a third party to do any of the foregoing, without permission of Licensor. You may not sell, rent, lease, give access to, modify, alter, decompile, disassemble, translate, or reverse engineer the Product.

 

A. Additional Agreements and Obligations of Members.

 

By posting a link to an item, you represent and warrant that you have the right and ability to post and share it, and that the information is accurate, current, and complete and is not misleading or otherwise deceptive to the best of your knowledge. You further represent and warrant that the Content, and use of the same will not infringe any right – including, but not limited to the copyright or trademark right – of any third party and that Members are authorized by the owner or creator of the content to print and/or make copies of that content for personal use and/or classroom instruction.

 

B. Agreement of Members to Pay for Purchases.

 

When you (Administrator) purchase a Seat License, you will have the ability to grant access to the content for as long as the content is available through the Service. We may, in our sole discretion, disable your access to such content if the content is removed from the Service, for example, the materials being removed in response to an intellectual property complaint or Digital Millennium Copyright Act notification. Teacher Tools Online^® cannot restore access to, or provide copies of, content that has been removed from our Service.

You agree not to share content with your colleagues unless you have purchased additional licenses. You agree not to post your purchased or freely downloaded files on the Internet.

You agree to pay in full for all Seat Licenses purchased through the Service.

 

You agree that delivery of the Content to you does not transfer to you any commercial or promotion use rights in the Content. You agree that your use of the Service your acceptance of and agreement to use the Service and such Content solely in accordance with this Agreement, and that any other use of the Service or Content may violate copyright and other laws of the United States, other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. As a condition of use, you agree not to share your purchases with your colleagues unless you have purchased additional licenses.

 

C. Electronic Signatures and Contracts.

 

Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

 

D. Limitations.

 

Your direct interactions (if any) with other visitors to or Members of the Service are solely between you and that individual. Like with any web-based interaction, we suggest that you use caution and good judgment. For details about our information collection practices, please see our Privacy Policy. IF THERE IS A DISPUTE BETWEEN YOU AND ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY MEMBER OR VISITOR OF THE SERVICE), TEACHER TOOLS ONLINE^® IS UNDER NO OBLIGATION TO BECOME INVOLVED, AND YOU HEREBY RELEASE TEACHER TOOLS ONLINE^® FROM ANY CLAIMS, DEMANDS, OR DAMAGES OF ANY KIND AND OF ANY NATURE ARISING OUT OF OR RELATING TO ANY SUCH DISPUTE.

 

As a buyer, it is your responsibility to determine that you have the appropriate hardware/software internet and service connectivity to make use of digital files and that the file format is appropriate for your needs. No refunds are available in these cases. Content removed from the Service due to a complaint of copyright/trademark infringement, or for any other reason, are not eligible for a refund.

 

E. Member Representations and Warranties; Licenses to Other Users.

 

When you  post a link to 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 retain ownership of any rights – including, but not limited to, copyrights and trademark rights – you claim to your submitted content. Nothing in the Service or in these Terms limits the existing rights of Members 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.).

 

2. 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 Teacher Tools Online^® has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, without limiting any other remedies, Teacher Tools Online^® 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.

 

3. Member and Visitor Conduct.

 

This Service and affiliate services are provided by BJU Press. You understand and agree to the following:

 

- You must use a valid e-mail address and create a username and password during the registration process.

- You are responsible for maintaining the confidentiality of your username and password. You should not disclose your password to anyone. You must keep your password confidential. We may refuse, at our sole discretion, to allow you to register a username that is trademarked, inappropriate, or impersonates another individual.

 

- You are responsible for all uses of your account. You agree to let BJU Press immediately know of any unauthorized use of your account.

 

- When registering with Teacher Tools Online^®, you must provide, and maintain, accurate, current, and complete information about yourself.

 

- You are 18 years or older. By registering, you are indicating that you have the capacity to understand these Terms of Service. BJU Press will not be held liable for any loss or damage for noncompliance.

 

- 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 understand and agree that BJU Press does not control, verify or endorse links, communities, forums, chat, events, or messages, unless explicitly stated. Any links that take users out of Teacher Tools Online^® are not under the control of BJU Press, so BJU Press is not responsible for any of the content, functions, services, or links of third party sites.

 

- BJU Press reserves the right to refuse the Service to any user.

 

- 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 content directly to the Service

 

- 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 BJU Press employee or Teacher Tools Online^® 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”;

 

- offer 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);

 

- include hyperlinks, on Teacher Tools Online^®, 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 Teacher Tools Online^®’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 Teacher Tools Online^® 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.

4. User Behavior:

You are fully responsible for your behavior on Teacher Tools Online^®, which includes the way that you utilize any aspect of the Teacher Tools Online^® service.

1. You are completely and solely responsible for the content you post on Teacher Tools Online^®, which includes, but is not limited to, photos, messages, chat, personal profiles, community posts, broadcasts, blogs, events, audio and video clips. Unauthorized or illegal content includes, but is not limited to:

(a) the display of sexually explicit material

(b) the display of abusive, harmful, racially or religiously offensive or bigoted, obscene, or libelous material.

(c) the use of flaming or trolling

(d) the display of material that encourages criminal behavior that violates any local, state, national, or international law or regulation.

(e) the use of the Service for unauthorized advertising, which includes MLM/pyramid schemes, spam, chain letters, sweepstakes or contests.

(f) the transmission of viruses, worms, or Trojan horses to destroy or limit any functionality of the software or hardware of Teacher Tools Online^® and its users.

(g) the display of information about another person without their express consent, or the posting of any copyrighted material that you do not have legal authorization to use.

BJU Press has the right, in its sole discretion, to determine whether content is unauthorized, offensive, harmful, illegal, or in violation of the rights of others.

2. You agree and understand that BJU Press can delete any content that is offensive, illegal, harmful, or in violation of the rights of other.

3. You understand and agree that you can only use Teacher Tools Online^® for academic use. You cannot use Teacher Tools Online^® for any commercial or business purposes.

4. Any member who demonstrably harasses or abuses another member will be removed from Teacher Tools Online^®.

5. Other unauthorized or illegal behaviors include, but are not limited to:

(a) the display of false information about yourself or anyone else

(b) changing, in any manner at all, or reverse engineering any aspect of Teacher Tools Online^®. You may not attempt to derive source code from the Teacher Tools Online^® service.

(c) the use of any search/retrieval application (e.g., robot, spider) to index any aspect of Teacher Tools Online^®

(d) the posting of information that implicitly or explicitly implies that it is endorsed by Teacher Tools Online^®

 

5. Inappropriate User-Submitted Content.

 

Teacher Tools Online^® 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) Teacher Tools Online^® 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, Teacher Tools Online^® 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 Teacher Tools Online^®’s sole discretion.

 

6. Links to Other Sites and Resources.

 

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

 

7. Copyright Infringement:

BJU Press respects copyright and other laws. BJU Press requires all users to comply with copyright and other laws.

BJU Press does not provide you with file-sharing ability so that you can violate the copyright of third parties.

As a member of Teacher Tools Online^®, you agree that you must not use Teacher Tools Online^® to infringe the intellectual property of others in any way. The unauthorized reproduction, distribution, modification, or posting of copyrighted work is a violation of copyright law.

You are responsible for your behavior on Teacher Tools Online^® and for making sure that it does not violate any copyright laws. If you violate copyright laws, then you may be exposed to civil and criminal liability, including possible fines and jail time.

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. 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.

 

8. Privacy Policy

 

We take the privacy of our users’ and Members’ information very seriously. Our Privacy Policy is available at www.TeacherToolsOnline.com/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.

 

9. Indemnity

 

By accepting this Agreement, you agree, at your expense, to indemnify, defend, and hold BJU PRESS and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from and against any and all loss, cost, damages, 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 actions or allegations of infringement based on information, data or content you submitted in connection with the service, (i) any fraud or manipulation, or other breach of this agreement by you, or (ii) third party claims, actions or allegations brought against BJU Press arising out of your use of the service or software, (iii) any product, content, information, or materials that you submit, purchase, post, transmit, provide, or otherwise make available through the Service, (iv) your use of the Service, (v) your connection to the Service, (vi) your actual or alleged breach of this Agreement (including our Copyright Policy and Privacy Policy), (vii) your actual or alleged infringement of any third party intellectual property or proprietary rights, or (viii) your actual or alleged violation of any applicable laws, rules, regulations, or rights of another.

 

 

10. 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 BJU PRESS SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BJU PRESS, 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. BJU PRESS 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 LISTED FOR SALE ON THIS SERVICE; OR ABOUT ANY PRODUCT DESCRIPTIONS OR PRODUCT LITERATURE. BJU PRESS 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. BJU PRESS 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 BJU PRESS 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. 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, BJU PRESS 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. BJU PRESS AND ITS AFFILIATES, PARTNERS, AND CONSULTANTS DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE CONTENT, COMPLETENESS, ACCURACY, LEGALITY, RELIABILITY, OR AVAILABILITY OF INFORMATION OR MATERIALS DISPLAYED ON TEACHER TOOLS ONLINE^®. YOU AGREE THAT THE USE OF THE SERVICE AND ANYTHING THING THAT YOU DOWNLOAD FROM TEACHER TOOLS ONLINE^® SITE IS AT YOUR SOLE RISK, DISCRETION, AND RESPONSIBILITY. YOU WILL BE WHOLLY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM THAT RESULTS FROM YOUR USE OF THE SERVICE OR THE DOWNLOADING OF INFORMATION. TEACHER TOOLS ONLINE^® DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY FOR THE CONDUCT OF ANY MEMBER. TEACHER TOOLS ONLINE^® WILL NOT BE HELD LIABLE FOR ANY INTERACTIONS YOU HAVE WITH OTHER INDIVIDUALS OR ORGANIZATIONS THROUGH THE LMS. YOU AGREE THAT BJU PRESS IS NOT RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT OCCURS AS A RESULT OF SUCH INTERACTIONS AND THAT BJU PRESS _ HAS NO OBLIGATION TO BECOME INVOLVED IN ANY SUCH DISPUTES; FURTHER, YOU RELEASE BJU PRESS FROM DAMAGES OF ANY KIND THAT ARISE FROM SUCH DISPUTES. TEACHER TOOLS ONLINE^® OFFERS ALL OF ITS SERVICE ON AN "AS IS" BASIS, WITH NO WARRANTIES WHATSOEVER. TEACHER TOOLS ONLINE^® EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

 

 

11. Limitation of Liability

IN NO EVENT, SITUATION, OR CIRCUMSTANCE WILL BJU PRESS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OR RESULTING FROM YOUR USE OF TEACHER TOOLS ONLINE^®, WHETHER OR NOT BJU PRESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO DAMAGES FROM UPLOADED OR DOWNLOADED THIRD PARTY CONTENT, AND DAMAGES FROM THE INTERRUPTION OR TERMINATION OF THE TEACHER TOOLS ONLINE^® SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF EXCLUSION OF LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT, SITUATION, OR CIRCUMSTANCE WILL BJU PRESS BE LIABLE TO YOU FOR AN AMOUNT EXCEEDING FIVE HUNDRED DOLLARS ($500.00).

YOU AGREE THAT BJU PRESS, 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. BJU PRESS’ 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 BJU PRESS DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR ACTION ALLEGEDLY GIVING RISE TO SUCH LIABILITY, OR (B) ONE HUNDRED DOLLARS ($500.00).

 

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.

 

12. Termination

 

BJU Press can refuse membership to anyone at its sole discretion. In addition, Teacher Tools Online^® can terminate the membership and delete any related information of any member at any time for any reason. If BJU Press terminates your membership, then you can no longer use the Teacher Tools Online^® service or the services of any of its affiliates.

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.

 

13. Miscellaneous Provisions

 

- Ownership of Site. 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 “Teacher Tools Online^® 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 Teacher Tools Online^®, 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 Teacher Tools Online^® 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 Teacher Tools Online^®’s express prior written consent.

 

- Entire Agreement. The Terms of Service, including Teacher Tools Online^®’s Privacy Policy, which is incorporated by reference above, constitute the entire agreement between you and Teacher Tools Online^® and governs your use of the Service.

 

- No Agency. Teacher Tools Online^® is not the agent or representative of any site users, nor does it operate under their authority for any purpose.

- Governing and Applicable Law. This Terms of Service Agreement is governed in all respects by the laws of the State of South Carolina, USA without regard to its conflict of law provisions. In the event of any dispute related to this Agreement, the parties will attempt resolution pursuant to biblical principles utilizing negotiation and mediation. If this is unsuccessful for any reason, disputes arising hereunder shall be submitted to state or federal courts in Greenville, South Carolina, and you agree to and consent to the exclusive jurisdiction of such courts. The Service is operated by BJU Education Group, Inc. from its offices in South Carolina, in the United States of America. BJU PRESS makes no representation that materials or content on the Service are appropriate or available for use in other locations. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from www.TeacherToolsOnline.com may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country to which the United States has embargoed goods; (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders; or (iii) in any other manner that violates U.S. law. By downloading or using any software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

 

- Dispute Resolution_: Any dispute arising out of or relating to these terms or the Service shall be submitted exclusively to confidential binding arbitration in Greenville, SC, except that to the extent you have in any manner violated or threatened to violate BJU PRESS’s intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of South Carolina. 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 South Carolina. 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 BJU PRESS 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. Teacher Tools Online^® may provide you with notices, including, without limitation, those regarding changes to the Terms of Service, product updates, teacher conferences, and other service-related announcements, by email or postings on the Service.

 

- BJU PRESS 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. BJU Press 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. BJU Press will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

 

- Assignment. BJU Press may assign this agreement to any successor or purchaser of BJU PRESS 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. BJU Press, the BJU Press logo, Teacher Tools Online^®, Shop Talk, and other BJU Press logos and names are trademarks of BJU Education Group, Inc. You agree not to display or use these trademarks in any manner without prior, written consent of BJU Education Group, Inc.

 

- If any aspect of this agreement is deemed invalid, then the remaining provisions shall still be enforced.

You may not assign or transfer this Agreement or any of your rights or obligations hereunder, and any attempt to the contrary is void.

BJU Press is not responsible for any delay or failure in performance resulting directly or indirectly from causes beyond BJU Press's reasonable control.

Any correspondence about this Agreement will be sent to you via the email that you provided during registration.

14. International Use:

If you are not a resident of the United States of America, then you agree to follow all applicable laws and local rules regarding the transmission of data from the United States or the country in which you live.

We hope that you enjoy your use of Teacher Tools Online^®. These Terms of Service are necessary and allow us to offer this Service to you – our valued user. Official correspondence must be sent through postal mail to:

BJU Press Customer Service
1700 Wade Hampton, Blvd.
Greenville, SC 29614

This Terms of Service represents the complete, entire, and exclusive understanding and agreement between you and Teacher Tools Online^®. It supersedes all prior, written or oral, understandings or agreements. You understand and agree that you have read these Terms of Service and that amendments can be posted to this Terms of Service. You agree and understand that your continued use of the Service represents your consent to such amended terms.

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