Terms of Use

Introduction
Welcome to Teachers Notebook. By using the website and services offered by Teachers Notebook, LLC. (“Teachers Notebook”), you agree to the following terms with Teachers Notebook, LLC. This agreement sets forth the legally binding terms and conditions for your use of the website at http://teachersnotebook.com (the “site”) and all services provided by Teachers Notebook on the site. If you have any questions, please refer to our help section of the site.
 
This Agreement is effective on April 1, 2011, for current users, and upon acceptance for new users.

Scope
Before you become a member of Teachers Notebook, you must read and accept all of the terms in, and linked to, this User Agreement and the Teachers Notebook Privacy Policy. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site. By accepting our Terms and Conditions, you agree that this User Agreement and Privacy Policy will apply whenever you use the Teachers Notebook site as well as any tools we make available to interact with the Teachers Notebook site.
 
Teachers Notebook is a Venue
Teachers Notebook acts as a venue to allow users to offer, sell and buy original teaching resourcs and new/used teaching materials/supplies within a fixed-price format. Teachers Notebook is not directly involved in the transaction between the buyers and the seller. As a result, Teachers Notebook has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Teachers Notebook does not pre-screen users or the content or information provided by users. Teachers Notebook cannot ensure that a buyer or seller will actually complete a transaction.
 
Consequently, Teachers Notebook does not transfer legal ownership of items from the seller to the buyer.  Teachers Notebook cannot guarantee the true identity, age, and nationality of a user. Teachers Notebook encourages you to communicate directly with potential transaction partners through the tools available on the Teachers Notebook site. You may also choose to consider using a third-party escrow service or services that provide additional user verification.
 
You and Teachers Notebook are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.  You agree that Teachers Notebook is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Teachers Notebook. You use the Teachers Notebook service at your own risk.
 
Using Teachers Notebook
While using the Teachers Notebook site, Teachers Notebook services and tools, you will NOT:
 
  • Post content or items in an inappropriate category or areas on our sites and services;
  • Violate any laws, third party rights or Teachers Notebook policies, such as the Do’s and Don’ts.
  • Use our site, services or tools if you are not able to form legally binding contracts, are under the  age of 18, or are temporarily or indefinitely suspended from using our sites, services or tools.
  • Fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you have purchased or a clear typographical error is made.
  • Fail to deliver items purchased from you, unless the buyer fails to meet the posted terms
  • Manipulate the price of any item or interfere with other users' listings.
  • Circumvent or manipulate our fee structure, the billing process, or fees owed to Teachers Notebook;
  • Post false, inaccurate, misleading, defamatory, or libelous content (including personal information).
  • “Stalk” or otherwise harass anyone
  • Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to Teachers Notebook).
  • Transfer your Teachers Notebook account (including feedback) and User ID to another party without our consent.
  • Distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes.
  • Post, email, or otherwise make available content that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability
  • Distribute viruses or any other technologies that may harm Teachers Notebook, or the interests or property of Teachers Notebook users.
  • Collect personal data or user email addresses without their consent.
Listing Conditions
By listing an item on the Teachers Notebook site, you assume full responsibility for the content of the listing and item offered, and accept the following listing conditions: When you list an item on Teachers Notebook’s site, your listing will be posted on the Teachers Notebook site and can be viewed in your Dashboard.  Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so Teachers Notebook can’t guarantee exact listing durations. You also warrant that you and all aspects of the item comply with Teachers Notebook's published policies and that you may legally sell the item. You must accurately describe your item and all terms of sale in your Teachers Notebook shop. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.
 
Abusing Teachers Notebook
If Teachers Notebook users are found abusing the Teachers Notebook site, services, and tools we may limit, suspend or terminate our service and user accounts, prohibit access to our site and the content, services and tools, delay or remove hosted content, and take technical and legal steps to keep users off the site if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies.  We may also, at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We reserve the right to cancel unconfirmed accounts as well as accounts that have been inactive for a long period of time, or to modify or discontinue the Teachers Notebook site, services or tools. Teachers Notebook also reserves the right to refuse service to anyone, for any reason, at any time.

Please report and problems, offensive content, and policy violations to Teachers Notebook immediately.
 
Limitation of Liability
You will not hold Teachers Notebook responsible for other users' content, actions or inactions, items they list or their destruction of allegedly fake items. Our site is a venue to allow anyone to offer, sell, and buy handmade goods, vintage items, and supplies at anytime, from anywhere in the U.S., in a fixed price format. We are not involved in the actual transaction between buyers and sellers. While we may help facilitate the resolution of disputes, we have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item.
 
We do not transfer legal ownership of items from the seller to the buyer.  New Jersey Title 12a Commercial Transactions - "Uniform Commercial Code" and Uniform Commercial Code § 2-401(2) applies to the transfer of ownership between the buyer and the seller, unless the buyer and the seller agree otherwise. Further, we cannot guarantee continuous or secure access to our site, services or tools, and operation of our site, services or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use or your inability to use our site, services and tools.
 
Release
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. 
 
No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
 
Fees and Services
Teachers Notebook offers three types of Shop Memberships (i) Free Teacher Shop and (ii) Premium Teacher Shop.  Free Teacher Shops pay no setup fee.  Premium Teacher Shops pay a one-time setup fee of $49.95.  Free Teacher Shops agree to pay Teachers Notebook a fee of 25% of the selling price of each item sold plus a $0.30 transaction fee per order.  Premium Teacher Shops agree to pay Teachers Notebook a fee of 15% of the selling price of each item sold with no transaction fees.  Teachers Notebook’s Fee Policy is subject to change at any time and is incorporated into this Agreement by reference. Changes to the Fee Policy and the fees for Teachers Notebook 's services are effective after Teachers Notebook provides you with at least fourteen (14) days' notice by posting the changes on the Site.  Teachers Notebook may choose to temporarily change the fees for promotional events such changes are effective when Teachers Notebook posts the temporary promotional event on the Site. Teachers Notebook may, At Teachers Notebook 's sole discretion, change some or all of Teachers Notebook 's services at any time. In the event Teachers Notebook introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).

You are responsible for paying all fees and applicable taxes associated with using Teachers Notebook. Teachers Notebook keeps accepted payment information on file.

If Teachers Notebook terminates a listing or chooses to terminate your account, if you close your account, or if the payment of your Teachers Notebook fees cannot be completed for any reason, you remain obligated to pay Teachers Notebook for all unpaid fees plus any penalties, if applicable. If the shopkeeper’s account is not paid in full and becomes past due,  The shopkeeper risks suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, contact Teachers Notebook.
 
Content
The Teachers Notebook site may provide you and others with the opportunity to participate in blogs, groups, feedback, and other communication functionality and may provide you with the opportunity, through such features or otherwise, to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to Teachers Notebook, including, without limitation, photographs, writings, computer graphics, pictures, data, questions, comments, suggestions or personally identifiable information (collectively, "User Content").
 
Teachers Notebook does not claim ownership rights in your Content. You grant Teachers Notebook a license solely to enable Teachers Notebook to use any information or Content you supply Teachers Notebook with, so that Teachers Notebook is not violating any rights you might have in that Content. You grant Teachers Notebook a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Teachers Notebook to store or re-format your Content on Teachers Notebook and display your Content on Teachers Notebook in any way as Teachers Notebook chooses. Teachers Notebook will only use personal information in accordance with Teachers Notebook's Privacy Policy.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another Teachers Notebook user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Teachers Notebook-related communications. Teachers Notebook has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Teachers Notebook user to your email or physical mail list. For more information, see Teachers Notebook's Privacy Policy.
 
By posting content on Teachers Notebook, it is possible for an outside website or a third party to re-post that content. You agree to hold Teachers Notebook harmless for any dispute concerning this use. If you choose to display your own Teachers Notebook-hosted image on another website, the image must provide a link back to its listing page on Teachers Notebook.
 
Rewards Program
To participate in the Program, a guest must register on TeachersNotebook.com and must reside in the United States of America. Guest is responsible for all applicable taxes. When you purchase products and rate/provide feedback you will receive five (5) points for every $1.00 spent. Rewards Points have no cash value, but may be redeemed for shop products at the rate of 1 cent per point. Points may be redeemed in the following manner: 500 points for a $5 discount, 1000 points for a $10 discount, 2500 points for a $25 discount. Teachers Notebook reserves the right to change the point value needed for any reward at any time.

Information You Submit
Teachers Notebook considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and Teachers Notebook shall not be liable for the disclosure or use of such Material. If, at Teachers Notebook's request, any member sends Material to improve the site, Teachers Notebook will also consider that Material to be non-confidential and non-proprietary and Teachers Notebook will not be liable for use or disclosure of the Material. Any communication by you to Teachers Notebook is subject to this Agreement. You hereby grant and agree to grant Teachers Notebook, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

Furthermore Teachers Notebook is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Teachers Notebook does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Teachers Notebook shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
 
Privacy
We do not sell your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Teachers Notebook Privacy Policy.  Users' privacy is very to us. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the Teachers Notebook Privacy Policy.  If you object to your information being transferred or used in this way please do not use our services.
  
Legal Disputes
If a dispute arises between you and Teachers Notebook, you and Teachers Notebook agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly at support@teachersnotebook.com to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

(Law and Forum for Legal Disputes) This Agreement shall be governed in all respects by the laws of the State of New Jersey as they apply to agreements entered into and to be performed entirely within New Jersey between New Jersey residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Teachers Notebook must be resolved exclusively by a state court located in Monmouth County, New Jersey, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the court located within Monmouth County, New Jersey for the purpose of litigating all such claims or disputes.

(Arbitration Option) For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

(Improperly Filed Claims) All claims you bring against Teachers Notebook must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to the Legal Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Legal Disputes Section, Teachers Notebook may recover attorneys' fees and costs up to $1000, provided that Teachers Notebook has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim. Teachers Notebook will not make judgments regarding legal issues or claims.
 
Intellectual Property
Teachers Notebook, Teachers Notebook graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Teachers Notebook, LLC. in the U.S. and/or other countries. Teachers Notebook's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
 
No Warranty
TEACHERS NOTEBOOK, TEACHERS NOTEBOOK'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND TEACHERS NOTEBOOK'S SUPPLIERS PROVIDE TEACHERS NOTEBOOK'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. TEACHERS NOTEBOOK, TEACHERS NOTEBOOK'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND TEACHERS NOTEBOOK'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM TEACHERS NOTEBOOK SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
 
Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL TEACHERS NOTEBOOK BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF TEACHERS NOTEBOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE TEACHERS NOTEBOOK SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE TEACHERS NOTEBOOK SITE OR THE SERVICE, FROM INABILITY TO USE THE TEACHERS NOTEBOOK SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE TEACHERS NOTEBOOK SITE OR THE SERVICE.  SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE TEACHERS NOTEBOOK SITE OR THE SERVICE OR ANY LINKS ON THE TEACHERS NOTEBOOK SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE TEACHERS NOTEBOOK SITE OR THE SERVICE OR ANY LINKS ON THE TEACHERS NOTEBOOK SITE.  THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted.  In such jurisdictions, some of the foregoing limitation may not apply to you.
 
Indemnity 
You agree to indemnify and hold Teachers Notebook (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
 
Disclosures
The services hereunder are offered by Teachers Notebook, LLC.
 
Effective date of these terms and conditions is 05/23/2011.
Last Updated: 1/16/2014.