Last Modified: 14 March 2024

Please also take a look at our Website Copyright DMCA Policy page as well

Welcome to TeacherMade. This Website is maintained by TeacherMade, in support of our mission to help teachers find supplemental learning resources to improve student learning, discover best practices in deploying digital supplemental materials and provide tools to create interactive learning materials. TeacherMade is an online platform for creating interactive teaching resources, managing student assignments, and reviewing student performance.

THIS SITE IS TO BE USED FOR EDUCATIONAL PURPOSES ONLY. MATERIALS MADE USING THE TOOLS ON TEACHERMADE.COM ARE EXPRESSLY PROHIBITED FROM BEING SOLD, RENTED, OR SHARED OR EXCHANGED FOR ANY REMUNERATION WHATSOEVER WITHOUT PRIOR EXPRESS WRITTEN PERMISSION FROM TEACHERMADE.COM AND ITS PARENT COMPANY.

Acceptance of the Terms of Use

These Terms of Use are entered into by and between You—the adult Educator, Entity, or Public Author who creates an account with us—and TeacherMade (“Company,” “we,” or “us“). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use“), govern your access to and use of www.teachermade.com, including any content, functionality, and services offered on or through www.teachermade.com (the “Website” or “Service”), whether as a guest or a registered user.

This is a binding agreement. Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use, our Website Privacy Policy, found at https://teachermade.com/legal/website-privacy-policy, our Children’s Website Privacy Policy, available at https://teachermade.com/legal/childrens-website-privacy-policy, and our Website Copyright DMCA Policy, found at https://teachermade.com/legal/website-copyright-dmca-policy, each incorporated herein by reference. If you do not want to agree to these Terms of Use, the Website Privacy Policy, the Children’s Website Privacy Policy, or the Website Copyright DMCA Policy, you must not access or use the Website.

Parts of this Website are available to users who are 13 years of age or older (or any child with parental consent) and reside in the United States or any of its territories or possessions. Accessing the Website is prohibited from territories where the Content is illegal. If you access the Website from other locations, you do so at your own initiative and are responsible for compliance with local laws. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND A WAIVER OF CLASS ACTION RIGHTS THAT AFFECT YOUR LEGAL RIGHTS. EITHER YOU OR THE COMPANY MAY ENFORCE THIS AGREEMENT. GOVERNMENT ENTITIES MAY SIGN AN AGREEMENT TO REJECT THE ARBITRATION CLAUSE.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Website Privacy Policy, available at https://teachermade.com/legal/website-privacy-policy, and our Children’s Website Privacy Policy, available at https://teachermade.com/legal/childrens-website-privacy-policy, and you consent to all actions we take with respect to your information consistent with our Website Privacy Policy and Children’s Website Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Automatic Opt-In for Email Communication: You understand and agree that, because communicating with you through email is essential to You accessing and maintaining your account, when you provide your school and personal email addresses to TeacherMade, you hereby opt-in to receiving emails and information from TeacherMade for as long as you have an account, including, without limitation, information concerning your account, the TeacherMade Website, newsletters, or products or services offered by TeacherMade. Any solicitation emails will include an Unsubscribe link and you may opt-out there as per compliance with US CAN-SPAM rules.

Registration. You may view Content on the Website without registering, but as a condition of using certain aspects of the Website and any of its subdomains, you may be required to register with TeacherMade and select a screen name and password. You shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your account. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password. You shall not use another User account without the other User’s express permission. You will immediately notify us in writing of any unauthorized use of your account, or other known account-related security breaches.

YOU EXPRESSLY AGREE NOT TO USE APP.TEACHERMADE.COM ACTIVITIES WITH MORE THAN 200 STUDENTS PER ACCOUNT AND LOGIN/USER. SHOULD YOU HAVE LEGITIMATE NEED TO USE YOUR ACCOUNT WITH MORE THAN 200 STUDENTS, PLEASE EMAIL SUPPORT@TEACHERMADE.COMWITH NOTIFICATION. TeacherMade conducts audits of account usage and violators may be subject to account suspension and termination, amongst other penalties.

You promise that you are an adult and you will comply with our rules for interacting with minors. When you accept these Terms of Use, you represent and agree that you are an adult and are not a minor. TeacherMade is an online platform marketed and directed to adult users for use with students, who may be minors. Adult teachers create accounts for their students. See our Website Privacy Policy and Children’s Website Privacy Policy for our rules regarding the use of our Website with minors.

Authorization and Parental Consent. By creating a class code and student accounts, teachers and administrators using our Website confirm that they have obtained all required parental consent, as outlined in this Website Terms of Use, our Website Privacy Policy and our Children’s Website Privacy Policy. You represent and warrant that you have permission and authorization, as required by law or policy, from your school and affected parents, guardians, and students, to bind students and your school to these Terms of Use. If you purchase an account with out-of-pocket funds for use at an entity with students, TeacherMade agrees that the school is a beneficiary of these Terms of Use. If you are an entity, a person associated with your account must have authority to bind the entity to this agreement.

You agree that we can verify what you tell us. You authorize us, directly or indirectly, to make any inquiries we consider appropriate to verify the account information you provide, including your authorization to agree to these Terms of Use or your identity.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to the following email: support@teachermade.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the terms TeacherMade, the TeacherMade logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Acceptable Use Policy

Failure to conform to these acceptable uses can result in your account being suspended or locked out. Key acceptable use policy requirements that you agree to abide by include the following:

• You will only disclose the private information of others that you have a right to disclose and only to authorized persons.
• You will give credit where you are required to give credit.
• You will comply with all applicable laws that apply.
• You will access the Website only through web pages we make publicly available using your authorized login credentials.
• You will ensure messages and electronic instructions delivered to us do not include malicious code or otherwise attack our systems.
• You will create, select, share, and deliver to students materials that distinguish fact from opinion and that are factually accurate (supported by verifiable and substantial evidence).
• You will never include any material that contains advertising or marketing content in materials you create that are intended for delivery to children or K-12 students.
• You will review all materials created, selected, shared, and delivered to students to ensure they do not contain materials that are biased, offensive, inappropriate, hateful, indecent, harassing, or unlawful, considered in light of the age of the students who are intended users of the materials (as judged solely by us).
• You will not engage in any conduct in any forum hosted by TeacherMade that is harassing, threatening, fraudulent, inappropriate, hateful, pornographic, defamatory, obscene, offensive, indecent, or unlawful (as judged solely by us).

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, comments, feedback, ratings, reviews, and other interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
• All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Teacher and Administrator Feedback. Except as specifically indicated otherwise, communications or materials teachers or administrators transmit to us (including any information, questions, comments, ideas or the like) will be deemed to be non-confidential and non-proprietary. Teachers or administrators submitting such materials agree that we will be free, without further obligation, to reproduce, modify, prepare works derived from, perform, display, distribute, sell and otherwise make available, use and exploit, in any manner or medium now known or later developed, anything transmitted or posted to us or the Site, and to permit others to do so.

Ratings and Reviews. Any comments, feedback or ratings submitted by teachers or administrators do not imply an endorsement of, or opinion of TeacherMade. At its sole discretion and without liability, TeacherMade may modify or delete any or all comments it finds to be slanderous, libelous, offensive, harmful, inappropriate, or irrelevant. Ratings and reviews provided by TeacherMade may change at any time and the information provided may not be up-to-date. You agree to not post any reviews or feedback that are slanderous, libelous, offensive, harmful, inappropriate or irrelevant. You should not solely rely on any ratings or reviews on teachermade.com and instead conduct your own research.

Monitoring and Enforcement; Termination

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
• Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot and do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use, our Website Privacy Policy, available at https://teachermade.com/legal/website-privacy-policy, our Children’s COPPA Privacy Policy, available at https://teachermade.com/legal/childrens-COPPA-privacy-policy, and our Website Copyright DMCA Policy, available at https://teachermade.com/legal/website-copyright-dmca-policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Express Authorization for Inclusion in User-generated Content Library 

We reserve the right to publish a library of user-generated activities created using the tools provided by our platform. Free users have no right to privacy for any content stored on our servers, and any activities in their accounts may be included in the library. Paying aka “Pro” users are exempt and have the right to privacy of their content, although they may opt-in on an activity-by-activity bsais to post in the user-generated content library. The content in formerly Pro Individual accounts which convert to free due to nonpayment is subject to inclusion in the user-generated library after a grace period of 59 days. Pro Organization accounts have a grace period of 365 days before content is subject to inclusion in the user-generated library without expressly opting in.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please see our Copyright DMCA Policy, available at https://teachermade.com/legal/website-copyright-dmca-policy, for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and reporting services. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy, available at https://teachermade.com/legal/website-privacy-policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on this Website.
• Send emails or other communications with certain content, or links to certain content, on this Website.
• Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of the Website other than the homepage.
• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Payments, Fees, and Renewals

You pay all applicable charges. Prices exclude taxes and currency exchange settlements unless stated otherwise. You are responsible for paying taxes or other charges. If your account is canceled, you are obligated to pay all charges made to your account before the cancellation was effective. Failure to provide valid payment may result in you being banned. Being banned does not absolve you of responsibility for amounts in arrears.

We provide electronic receipts, invoices, and statements in USD.  All monetary amounts are denominated in US dollars (USD) and we expect payment in USD funds. We provide you with electronic receipts, invoices, and statements. You will receive email receipts from the payment processor you selected. You can find a record of your purchases in your account. These are the only receipts, invoices, and statements we provide.

You have sixty (60) days to inform us about a mistake. It is your responsibility to print or save copies for your records. If we make an error on a receipt, you must report the mistake to us within 60 days after the error appeared. If you do not inform us within 60 days, you agree that you release us from all claims of liability and loss resulting from the error and that we will not be required to correct the error or provide a refund.

Renewals are automatic. You agree that we may automatically extend or renew your account unless you downgrade or cancel your membership prior to the renewal date. To unsubscribe from auto-renewals, please visit your Account Profile settings.

All sales are final. Unless otherwise provided, all purchases and redemptions are final and nonrefundable. We may, at our sole discretion, issue refunds, such as for duplicate purchases. Our decision to issue a refund for a particular customer does not obligate us to reverse redemptions to any other customer or for any other product. If we cancel or suspend your account, your right to acquire and use products stops immediately. We can only issue refunds for purchases made directly from our Website. Direct all other refund requests to the site from which you made the purchase.

Geographic Restrictions

The owner of the Website is based in the State of Florida in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website, our Services, and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, in each case located in the City of Wilmington and County of New Castle, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Dispute Resolution and Arbitration

You agree to attempt, in good faith, to resolve all disputes arising from these Terms of Use or use of the Website by negotiation between representatives with the authority to settle the controversy.

If good faith negotiations do not resolve the dispute and the total amount in controversy is less than $100,000, you agree that the matter will proceed to mediation to be conducted online through JAMSconnect. If mediation is not successful in resolving the dispute or the matter has a total amount in controversy greater than $100,000, then you agree that we will proceed to the arbitration procedures in the next paragraph.

At Company’s sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration administered by JAMS in Duval County, Florida, in accordance with the JAMS’ Streamlined Arbitration Rules of Procedure, or, if you do not reside in the United States, in accordance with JAMS International Arbitration Rules, applying Florida law. You also agree that arbitration must be on an individual basis, meaning neither you or the Company may join or consolidate claims in arbitration by or against other purchasers or users of the Website, or litigate in court or arbitrate any claims as a representative or member of a class.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE HUNDRED AND EIGHTY (180) DAYS AFTER THE CAUSE OF ACTION ACCRUES UNLESS THE MATTER QUALIFIES FOR MEDIATION AS DESCRIBED IN THE DISPUTE RESOLUTION AND ARBITRATION SECTION ABOVE, IN WHICH CASE THE INITIATION OF MEDIATION SHALL TOLL THE LIMITATIONS PERIOD FROM THE DATE OF INITIATION OF MEDIATION THROUGH THE DATE OF COMPLETION OF THE MEDIATION.; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, our Website Privacy Policy, our Children’s Website Privacy Policy, and our Website Copyright DMCA Policy, constitute the sole and entire agreement between you and TeacherMade regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Your Comments and Concerns

This Website is operated by TeacherMade.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Website Copyright DMCA Policy, available at https://teachermade.com/legal/website-copyright-dmca-policy, in the manner and by the means set out therein.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to the following email: support@teachermade.com.