March 14, 2016 chemicalsams@gmail.com

Terms of Service

PD by Teachers – Terms of Service

 

Last Updated: 3/16/2016

 

Welcome to PD by Teachers! We are excited to provide responsive and engaging professional development for teachers and by teachers. We have a few rules you need to follow, so it’s important for you to read these Terms of Service very carefully.

 

Although the language in these Terms of Service is simple, the intentions are serious. These Terms of Service form a contract that is a binding, legal document between PD by Teachers, its subsidiaries and affiliates (collectively, “PD by Teachers”), and you governing the use of our website.

 

GENERAL

PD by Teachers provides its website (the “Services”) to you under these Terms of Service and corresponding Privacy Policy. By accessing, registering for, or using our Services, you agree to the following terms, conditions, policies, guidelines, and amendments listed below (the “Terms of Service” or this “Agreement”) and all applicable laws.

 

You are only allowed to use our Services if you agree to our Terms of Service and corresponding Privacy Policy. If you do not agree to these contracts, you must not access our websites or use our Services.

 

AGE REQUIREMENT

Our Services require that all users are old enough to form a binding, legal contract with PD by Teachers (usually, this age is 18 years old). If you are younger than the age to form a valid, legal contract with us, you must get your parent or guardian’s permission to use our Services. It is very important that you read these Terms of Service and Privacy Policy with your parent or guardian so you and your parent or guardian understand the rules of conduct that correspond with the PD by Teachers Services. If you are a teacher, school, or school district, by using PD by Teachers Services, you warrant that you have the authority to act on behalf of the entity for which you purport to act and have the authority to bind said entity into a contractual relationship. No one under the age of 13 may submit any information to our website. By submitting information to our website you affirm that you are over the age of 13 and that, if you are under the age of 18, your parent or guardian has given you permission to do so.

 

PRIVACY POLICY

In addition to the terms and conditions listed on this page, we have also incorporated a Privacy Policy to this Agreement. Please make sure you and your parent or guardian read our Privacy Policy in addition to this document.

 

COMPLIANCE AND DISCLOSURE

PD by Teachers reserves the right to contact you in connection with our or your compliance with, and the performance of, these Terms or any activities related to our Services.

 

By accessing our websites and using our Services, you acknowledge and agree that PD by Teachers may keep records of activities or content in connection with the Services. PD by Teachers may also disclose these activities or content in connection with the Services if required to do so by the law or in the good faith belief that this action is reasonable and necessary to: Comply with the law or legal process; Enforce these Terms of Service; Respond to claims that the activities in connection with the Services that violate the rights of third parties; or To protect the rights, property, or personal safety of PD by Teachers, Service users, or the public.

 

NO LIABILITY FOR THIRD PARTY WEBSITES OR SERVICES

These Terms of Service and corresponding Privacy Policy apply to all Services and extend to all of our users. Our Services may contain links to third party websites and services that are not owned or controlled by PD by Teachers and we cannot control, and will not be held responsible for, the content, privacy policies, or practices of any third party websites or services. By using the PD by Teachers website and Services, you specifically release PD by Teachers from any and all liability arising from your use of any third party website, third party services, or interaction with any third party.

 

MODIFICATION OF TERMS

PD by Teachers reserves the right to update or modify these Terms of Service and corresponding Privacy Policy at any time. All updates to these documents will be effective from the day they are posted online. The updates and modifications will be linked to our Services behind the links labeled “Terms of Service” and “Privacy Policy.” If we make any material changes in the way that we collect, store, or use data, we will notify users (or parents/legal guardians of student users under 13) of these changes. It is your responsibility to regularly visit and review this Agreement and the Privacy Policy.  If you do not agree to modifications to our Terms of Service and Privacy Policy, simply stop using our Services. Your continued use of our Services after we have posted the revised Terms of Service or Privacy Policy signifies to us that you acknowledge and agree to be bound by these revised Terms of Service.

 

USE OF SERVICES

This Agreement lists rules and guidelines for using our Services, including (but not limited to) how these Services can be copied or used. By accessing, registering for or using the Services, you agree to be bound by the following rules:

 

PD by Teachers Code of Conduct

PD by Teachers provides professional development services for teachers around the world. By accessing our website and using our Services, you agree to the following Code of Conduct:

 

Copy Restrictions

PD by Teachers respects the intellectual property rights of others and expects you to do the same. To the extent permitted by applicable law, you are NOT ALLOWED to:

  • decompile, disassemble, or electronically transfer our Services to third parties;
  • modify our Services in any way;
  • reverse engineer, or permit others to reverse engineer, our Services;
  • copy the user manuals, help features, user forums and other documentation associated with our Services;
  • rent, lend, publicly perform, present, broadcast or distribute our Services;
  • make derivative works of our Services;
  • copy, modify, transfer, or use our Services in a way that is not specifically mentioned by us in these Terms of Service.

 

Harmful or Illegal Use

By using the Services, you agree to respect PD by Teachers and fellow Service users. To the extent permitted by applicable law, you are NOT ALLOWED to:

  • undergo excessive use of CPU time, bandwidth, network capacity, disk IO, or storage space;
  • use our network to send unsolicited bulk electronic mail messages  (“Spam”);
  • use “warez,” including pirated software, ROMs, emulators, phreaking, hacking, phishing, password cracking or cheating, IP spoofing, etc.;
  • use or launch any automated system on our network, including (without limitation) “robots” or “spiders.”
  • use BitTorrents or related technology on our servers;
  • use a false email return address to confuse other users;
  • attempt to access other networks or accounts that do not belong to you on our network;
  • undergo any act that interferes with the Services of another user or network;
  • circumvent security measures on the network or our Services;
  • engage in illegal activities or engage in activities harmful to the operations of PD by Teachers, our Services or other customers and users;
  • use the network or Services to collect or use any personally identifiable information (“PII”) including, without limitation, account names, email addresses, User Posts or other User Data;
  • engage in terroristic activities;
  • send or store infringing, obscene, libelous, or otherwise unlawful or tortious material, including material that is harmful to children or that violates any third party IP or privacy rights; or
  • Provide false data on any of the Services.

 

INTELLECTUAL PROPERTY RIGHTS

The content provided in the Services is owned by or is licensed to PD by Teachers. This includes, but is not limited to the text, graphics, photos and interactive features created by and for PD by Teachers (collectively, “PD by Teachers Content”). This also includes trademarks, service marks, and logos contained in our Services (“PD by Teachers Marks”), subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. By registering for our Services, you are not granted a right or license to the PD by Teachers Content or Marks.

 

The PD by Teachers Content and Marks displayed on our Services are provided to you AS IS, for your information, and personal use only. PD by Teachers Content must not be used, manipulated, copied, reproduced, transmitted, distributed, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever. This includes any use, copying, or distribution of PD by Teachers Content obtained through the Services for any commercial purpose.

 

COPYRIGHT INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, you must provide PD by Teachers’ with the following information via email to info@pdbyteachers.com:

  • An electronic or physical signature of the person authorized to act on behalf of the copyright owner or other intellectual property interest;
  • A description of the copyrighted work or other intellectual property that you claim has been infringed;
  • A description of where the allegedly infringing material is located on the PD by Teachers Services, with enough detail that we are able to find it on the Services;
  • Your Address, Telephone Number, and Email Address where you may be reached;
  • A statement by you that you have a good faith belief that the use of the material is not authorized by copyright or intellectual property owner, its agent, or the law;
  • A statement made by you, under the penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or that you are authorized to act on their behalf;

 

USER DATA

PD by Teachers does not own any data, information, or material that you submit to the Services (“User Data”). You, not PD by Teachers, are fully responsible for the quality, integrity, legality, accuracy, intellectual property ownership, reliability, appropriateness, or the right to use all of the User Data. PD by Teachers cannot be held responsible for the deletion, correction, destruction, damage, loss or failure to store any User Data.

 

TERM AND TERMINATION

 

By using our Website, you understand and agree that PD by Teachers, at its sole discretion, and with or without cause or notice to you, can terminate these Terms of Use, your access to the Website, or suspend or block your access to the Website.

 

In the event that termination occurs, PD by Teachers retains the ability to exploit the electronic or printed materials it has created, or developed specific plans to create, that contain such User Posts (as specified in our “USE OF SERVICES” section of these Terms of Use)

 

Termination or Cancellation by PD by Teachers

PD by Teachers reserves the right, at its sole discretion, to terminate your use of the Services and may withhold, remove and/or delete User Data without notice if you materially breach this Agreement. A material breach of this Agreement includes, but is not limited to, your failure to abide by these Terms and Conditions.

 

REPRESENTATIONS AND WARRANTIES

 

PD by Teachers’ REPRESENTATIONS AND WARRANTIES

PD by Teachers represents and warrants that in performing the Services provided in this Agreement that:

 

  • It has the authority and is legally able to form a binding contract with you;
  • It will, at a minimum, conform to generally accepted industry standards and practices;
  • It will be qualified by education and experience to perform the duties required in this Agreement; and
  • It is sufficiently staffed and equipped to fulfill its obligations under this Agreement.

 

YOUR REPRESENTATIONS AND WARRANTIES

By registering for and/or using our Services:

  • You represent and you warrant that you are legally able to form a binding contract with PD by Teachers (either for yourself or on behalf of your child), and you are not barred from receiving Services under the laws of the United States or other jurisdictions.
  • You agree to use our Services only for purposes that are legal, proper and according to the Terms of Service, corresponding Privacy Policy, and any applicable policies or guidelines.
  • You agree that you will not engage in any activity that interferes with or disrupts PD by Teachers services or servers or networks connected to PD by Teachers services.
  • You represent and you warrant that you will not use PD by Teachers Services in any way considered “prohibited” (please read the “Use of Services” section above for more information). These actions are subject to the strict regulation of PD by Teachers and are grounds for suspension or termination of your account.

 

INDEMNIFICATION

By accessing, registering for, using, or downloading our Services you agree to indemnify, defend and hold harmless PD by Teachers, its officers, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors from any liability, loss, claim and expense (including attorneys’ reasonable fees) related to:

  1. Any claim due to or arising out of your violation of the Terms of Service, including but not limited to a claim arising out of a breach of your representations or warranties made under these Terms of Service;
  2. Your use of and/or access (or any use or access by a third party on your account) to the websites or Services;
  3. Your violation of any third party right, including without limitation, any copyright, property, moral or privacy right; or
  4. The unavailability of websites or Services.

In the event that a claim, suit, or action (“Suit”) is brought against you, we will provide notice of this Suit to your contact information we have on file.

 

LIMITATION OF LIABILITY

You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with our Services is to request that your user profile be deleted and to stop using the Services.

 

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PD by Teachers, ITS OFFICERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE PD by Teachers SERVICES, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER PD by Teachers HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO PD by Teachers SERVICES WILL NOT BE MORE THAN THE AMOUNTS PAID BY YOU TO PD by Teachers DURING THE PRIOR THREE MONTHS IN QUESTION.

 

INTERNET DELAYS

THE PD by Teachers SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS THAT ARE ASSOCIATED WITH THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. PD by Teachers IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM THESE PROBLEMS.

 

WARRANTY DISCLAIMER

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PD by Teachers SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. PD by Teachers DOES NOT WARRANT THAT ITS SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SERVICES WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA. YOU AGREE THAT YOUR USE OF PD by Teachers SERVICES IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A PD by Teachers AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY.

 

EXCLUSIONS AND LIMITATIONS

Some states and/or jurisdictions do not allow the exclusion of implied warranties or for liability limitations to be placed on certain types of damages (including incidental or consequential damages). Nothing in this Agreement is intended to exclude or limit any condition, warranty, right or liability that may not be lawfully excluded or limited.

 

NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in these Terms of Service, there will not be third party beneficiaries to the Terms of Service.

 

NO AGENCY

You acknowledge and agree that no joint venture, partnership, employment or agency relationship is intended or created between you and PD by Teachers by this Agreement.

 

NOTICE

You agree that PD by Teachers may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on PD by Teachers Services.

 

MISCELLANEOUS

Entire Agreement

The Terms of Service and Privacy Policy (including any policies, guidelines or amendments that may be presented to your from time to time) constitute the entire agreement between you and PD by Teachers and govern your use of our website, superseding any prior agreements between you and PD by Teachers for the use of our website. The provisions limiting PD by Teachers’ liability will survive the expiration or termination of this Agreement.

 

Choice of Law and Forum

The Terms of Service and the relationship between you and PD by Teachers are governed by the laws of the Commonwealth of Pennsylvania. You and PD by Teachers agree to submit to the personal and exclusive jurisdiction of the courts located within Allegheny County, Pennsylvania.

 

Location and Data Transfers

Our Services and the servers that make the PD by Teachers website available may not be located in the country where you live and are governed by U.S. Law. By using the PD by Teachers services, you agree to the transfer, collection, processing and use of data by PD by Teachers.

 

Assignment

PD by Teachers may assign or transfer (whether by merger, reorganization, consolidation, Intellectual Property or otherwise) this Agreement or any obligation incurred under this Agreement. PD by Teachers may assign this Agreement without your consent to a subsidiary or affiliated company that currently exists or that may be created in the future. This Agreement will be binding upon and inure to the benefit of the parties and their respective successors.

 

Waiver and Severability of Terms

If any provision of this Agreement is illegal or unenforceable, that provision is severed from this Agreement and the other provisions remain in force. If PD by Teachers does not enforce any right or provision in this Agreement, it does not create a waiver of these rights of provisions unless they are acknowledged or agreed by PD by Teachers in writing.

 

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of PD by Teachers Services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

QUESTIONS OR ADDITIONAL INFORMATION

If you have any questions regarding PD by Teachers, this Agreement, our Privacy Policy, or any other additional information, please email us at: info@pdbyteachers.com.