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Deafness & Hearing Loss NICHCY Disability Fact Sheet

Definition

The Individuals with Disabilities Education Act (IDEA), formerly the Education of the Handicapped Act (P.L. 94-142), includes “hearing impairment” and “deafness” as two of the categories under which children with disabilities may be eligible for special education and related services programming. While the term “hearing impairment” is often used generically to describe a wide range of hearing losses, including deafness, the regulations for IDEA define hearing loss and deafness separately.

Hearing impairment is defined by IDEA as “an impairment in hearing, whether permanent or fluctuating, that adversely affects a child’s educational performance.”

Deafness is defined as “a hearing impairment that is so severe that the child is impaired in processing linguistic information through hearing, with or without amplification.”

Thus, deafness may be viewed as a condition that prevents an individual from receiving sound in all or most of its forms. In contrast, a child with a hearing loss can generally respond to auditory stimuli, including speech.

Incidence

Hearing loss and deafness affect individuals of all ages and may occur at any time from infancy through old age. The U.S. Department of Education (2002) reports that during the 2000- 2001 school year, 70,767 students aged 6 to 21 (or 1.3% of all students with disabilities) received special education services under the category of “hearing impairment.” However, the number of children with hearing loss and deafness is undoubtedly higher, since many of these students may have other disabilities as well and may be served under other categories.

Characteristics

It is useful to know that sound is measured by its loudness or intensity (measured in units called decibels, dB) and its frequency or pitch (measured in units called hertz, Hz). Impairments in hearing can occur in either or both areas, and may exist in only one ear or in both ears. Hearing loss is generally described as slight, mild, moderate, severe, or profound, depending upon how well a person can hear the intensities or frequencies most greatly associated with speech. Generally, only children whose hearing loss is greater than 90 decibels (dB) are considered deaf for the purposes of educational placement.

There are four types of hearing loss. Conductive hearing losses are caused by diseases or obstructions in the outer or middle ear (the conduction pathways for sound to reach the inner ear). Conductive hearing losses usually affect all frequencies of hearing evenly and do not result in severe losses. A person with a conductive hearing loss usually is able to use a hearing aid well or can be helped medically or surgically.

Sensorineural hearing losses result from damage to the delicate sensory hair cells of the inner ear or the nerves which supply it. These hearing losses can range from mild to profound. They often affect the person’s ability to hear certain frequencies more than others. Thus, even with amplification to increase the sound level, a person with a sensorineural hearing loss may perceive distorted sounds, sometimes making the successful use of a hearing aid impossible.

A mixed hearing loss refers to a combination of conductive and sensorineural loss and means that a problem occurs in both the outer or middle and the inner ear. A central hearing loss results from damage or impairment to the nerves or nuclei of the central nervous system, either in the pathways to the brain or in the brain itself.

Educational Implications

Hearing loss or deafness does not affect a person’s intellectual capacity or ability to learn. However, children who are either hard of hearing or deaf generally require some form of special education services in order to receive an adequate education. Such services may include:

 

•regular speech, language, and auditory training from a specialist;

•amplification systems;

•services of an interpreter for those students who use sign language;

•favorable seating in the class to facilitate lip reading;

•captioned films/videos;

•assistance of a notetaker, who takes notes for the student with a hearing loss, so that the student can fully attend to instruction;

•instruction for the teacher and peers in alternate communication methods, such as sign language; and

•counseling.

Children who are hard of hearing will find it much more difficult than children who have normal hearing to learn vocabulary, grammar, word order, idiomatic expressions, and other aspects of verbal communication. For children who are deaf or have severe hearing losses, early, consistent, and conscious use of visible communication modes (such as sign language, fingerspelling, and Cued Speech) and/or amplification and aural/oral training can help reduce this language delay. By age four or five, most children who are deaf are enrolled in school on a full day basis and do special work on communication and language development. It is important for teachers and audiologists to work together to teach the child to use his or her residual hearing to the maximum extent possible, even if the preferred means of communication is manual. Since the great majority of deaf children (over 90%) are born to hearing parents, programs should provide instruction for parents on implications of deafness within the family.

People with hearing loss use oral or manual means of communication or a combination of the two. Oral communication includes speech, lip reading, and the use of residual hearing. Manual communication involves signs and fingerspelling. Total Communication, as a method of instruction, is a combination of the oral method plus signing and fingerspelling.

Individuals with hearing loss, including those who are deaf, now have many helpful devices available to them. Text telephones (known as TTs, TTYs, or TDDs) enable persons to type phone messages over the telephone network. The Telecommunications Relay Service (TRS) makes it possible for TT users to communicate with virtually anyone (and vice versa) via telephone. Dial 711 to access all TRSs anywhere in the United States. The relay service is free.

Resources

Luterman, D.M. (2002). When your child is deaf: A guide for parents (2nd ed.). Parkton, MD: York Press. (Phone: 800.962.2763. Web: www.yorkpress.com/index.html)

Medwid, D.J., & Weston, D.C. (1995). Kid-friendly parenting with deaf and hard of hearing children: A treasury of fun activities toward better behavior. Washington, DC: Gallaudet University Press. (Phone: 800.621.2736; 888.630.9347 (V/TTY). Web: http://gupress.gallaudet.edu)

Ogden, P.W. (1996). The silent garden: Raising your deaf child (Rev. ed.). Washington, DC: Gallaudet University Press. (See contact information above.)

Schwartz, S. (Ed.). (1996). Choices in deafness: A parents’ guide to communication options (2nd ed.). Bethesda, MD: Woodbine House. (Phone: 800.843.7323. Web: www.woodbinehouse.com)

So your child has a hearing loss: Next steps for parents (n.d.). (Available online at: www.agbell.org/information/ brochures_parent_so.cfm)

Organizations

Alexander Graham Bell Association for the Deaf and Hard of Hearing 3417 Volta Place, NW, Washington, DC 20007 202.337.5220; 202.337.5221 (TTY) info@agbell.org www.agbell.org

American Society for Deaf Children P.O. Box 3355, Gettysburg, PA 17325 717.334.7922 (V/TTY); 800.942.2732 (V/TTY) ASDC1@aol.com www.deafchildren.org

American Speech-Language-Hearing Association 10801 Rockville Pike, Rockville, MD 20852 301.897.5700 (V/TTY) 800.638.8255 (V/TTY) www.asha.org

Laurent Clerc National Deaf Education Center KDES PAS-6, Gallaudet University 800 Florida Avenue N.E. Washington, DC 20002-3695 202.651.5051 (V/TTY) Clearinghouse.InfoToGo@gallaudet.edu http://clerccenter.gallaudet.edu/InfoToGo

National Institute on Deafness and Other Communication Disorders Information Clearinghouse 1 Communication Avenue Bethesda, MD 20892-3456 800.241.1044; 800.241.1055 (TTY) nidcdinfo@nidcd.nih.gov www.nidcd.nih.gov/

Self Help for Hard of Hearing People (SHHH) 7910 Woodmont Avenue, Suite 1200 Bethesda, MD 20814 301.657.2248; 301.657.2249 (TTY) info@hearingloss.org www.hearingloss.org

Publication of this document is made possible through Cooperative Agreement #H326N030003 between the Academy for Educational Development and the Office of Special Education Programs of the U.S. Department of Education. The contents of this document do not necessarily reflect the views or policies of the Department of Education, nor does mention of trade names, commercial products, or organizations imply endorsement by the U.S. Government. This publication is copyright free. Readers are encouraged to copy and share it, but please credit NICHCY

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Privacy Policy

 

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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.”

 

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(a) the display of sexually explicit material

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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.

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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.

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(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.