Welcome to Teacher's Notebook. By using the website and services offered by Teachers Notebook, LLC. (“Teacher's Notebook”), you agree to the following terms and conditions with Teacher's Notebook. 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 Teacher's Notebook on the Site. If you have any questions, please refer to our help section of the Site.
Teacher's Notebook is a Marketplace
Teacher's Notebook acts as a marketplace to allow users to offer, sell and buy original teaching resources and new/used teaching materials/supplies (“Products”). Teacher's Notebook has no control over the ability of sellers to sell Products or the ability of buyers to pay for Products. Teacher's Notebook cannot ensure that a buyer or seller will actually complete a transaction.
Teacher's Notebook does not transfer legal ownership of Products from the seller to the buyer. Teacher's Notebook cannot guarantee the true identity and age of a user. Teacher's Notebook encourages you to communicate directly with potential transaction partners through the tools available on the Site.
You and Teacher's 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 Teacher's Notebook is a marketplace and as such is not responsible or liable for any Content, including but not limited to, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on the Site. You use the Site, services and tools at your own risk.
Using Teacher's Notebook
While using the Site, Teacher's Notebook services and tools, you will NOT:
• Post Content or Products in an inappropriate category or areas on our Site and services;
Conditions for Listing Products on the Site
• Violate any laws, third party rights or Teacher's Notebook policies, including but not limited to the Do’s and Dont’s;
• 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 Site, services or tools;
• Fail to deliver payment for Products purchased by you, unless the seller has materially changed the Product’s description after you have purchased or a clear typographical error is made;
• Fail to deliver Products purchased from you, unless the buyer fails to meet the posted terms;
• Manipulate the price of any Product or interfere with other users' listings;
• Circumvent or manipulate our fee structure, the billing process, or fees owed to Teacher's 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 Site or using it for purposes unrelated to Teacher's Notebook);
• Access or use the Site, including but not limited to the Rewards Program and any other promotion that may be offered on the Site, through any automated or non-human means, such as through bots, spiders, scripts, or software;
• Access or use the Site for the purpose of scraping, harvesting, mining, or other data extraction;
• Access or use the Site and cause any interference or disruption to the Site’s operations, including but not limited to interference or disruptions caused by viruses, Trojan horses, worms, time bombs, cancelbots, or other such applications;
• Transfer your Teacher's 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 Teacher's Notebook, or the interests or property of Teacher's Notebook users; and
• Collect personal data or user email addresses without the user’s consent.
By listing a Product on the Site, you assume full responsibility for the Content of the listing and Product offered, and accept the following listing conditions: When you list a Product on the Site, your listing will be posted on the 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 Teacher's Notebook can’t guarantee exact listing durations. You warrant that you and all aspects of the Product comply with Teacher's Notebook's published policies and that you may legally sell the Product. You must accurately describe your Product and all terms of sale in your Teacher's Notebook shop. All Products must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the Product(s) for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique Product must have its own listing.
Selling Items to Institutions through OverDrive
Teacher’s Notebook offers you the ability to make your items available for purchase by the institutional customers of OverDrive, Inc., the parent company of Teacher’s Notebook (“Institutional Program”). By opting-in
to the Institutional Program, your items will be available for purchase by OverDrive’s network of institutions including public and private libraries, schools, colleges, and school districts. Your items will not be offered under the Institutional Program unless you opt-in.
Abusing Teacher's Notebook
If Teacher's Notebook users are found abusing the Site, services or tools, we may limit, suspend or terminate our service and user accounts, prohibit access to the 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 Site, services or tools. Teacher's 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 Teacher's Notebook immediately.
Limitation of Liability
You will not hold Teacher's Notebook responsible for other users' Content, Products, actions or inactions.
We do not transfer legal ownership of Products 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.
If you have a dispute with one or more users, you release Teacher’s Notebook (and our officers, directors, agents, parent companies, 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.
Fees and Services
Teacher's Notebook offers two 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 Teacher's Notebook a fee of 25% of the selling price of each Product sold plus a $0.30 transaction fee per order. Premium Teacher Shops agree to pay Teacher's Notebook a fee of 15% of the selling price of each Product sold with no transaction fees. Teacher's 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 Teacher's Notebook 's services are effective after Teacher's Notebook provides you with at least fourteen (14) days' notice by posting the changes on the Site. Teacher's Notebook may choose to temporarily change the fees for promotional events and such changes are effective when Teacher's Notebook posts the temporary promotional event on the Site. Teacher's Notebook may, at Teacher's Notebook 's sole discretion, change some or all of Teacher's Notebook 's services at any time. In the event Teacher's 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 Teacher's Notebook. Teacher's Notebook keeps accepted payment information on file.
If Teacher's Notebook terminates a listing or chooses to terminate your account, if you close your account, or if the payment of your Teacher's Notebook fees cannot be completed for any reason, you remain obligated to pay Teacher's 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 Teacher's Notebook.
Teacher's Notebook may provide you 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, including, without limitation, photographs, writings, computer graphics, pictures, data, questions, comments, suggestions or personally identifiable information (collectively, " Content").
Teacher's Notebook does not claim ownership rights in your Content. You grant Teacher's Notebook a license solely to enable Teacher's Notebook to use any information or Content you supply Teacher's Notebook with, so that Teacher's Notebook is not violating any rights you might have in that Content. You grant Teacher's Notebook a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise the copyright, publicity, and database rights you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Teacher's Notebook to store or re-format your Content on Teacher's Notebook and display your Content on Teacher's Notebook in any way as Teacher's Notebook chooses.
By posting Content on Teacher's Notebook, it is possible for an outside website or a third party to re-post that Content. You agree to hold Teacher's Notebook harmless for any dispute concerning this use. If you choose to display your own Teacher's Notebook-hosted image on another website, the image must provide a link back to its listing page on Teacher's Notebook.
To participate in the Rewards Program, you must be a registered member of TeachersNotebook.com.
When you purchase a Product and provide a Rating/Comment on your purchased Product, you will receive five cents ($.05) for every one dollar ($1.00) spent (“Reward(s)”). When you purchase a “Daily Deal” Product and provide a Rating/Comment, you will receive double the Rewards. For example, on the purchase of a Daily Deal Product, you will receive ten cents ($.10) in Rewards for every one dollar ($1.00) spent.
You can also receive Rewards for downloading free Products and providing a Rating/Comment. You will receive two cents ($.02) on each free Product you download and provide a Rating/Comment.
Rewards have no cash value, but may be applied to your purchase of Products at the Site. You can use Rewards on the purchase of Products once you have accumulated at least $1.00 in Rewards. You are responsible for all taxes. You can review your Rewards balance in your Teacher's Notebook account.
If you return a purchased Product, the Rewards earned on that purchase will be removed from your account. Rewards are not your property. You cannot transfer Rewards to any person or account. Rewards cannot be transferred by operation of law. If your account is canceled for any reason, you forfeit all Rewards in your account. Teacher's Notebook reserves the right to change any terms of the Rewards Program at any time.
Information You Submit
Teacher's 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 Products sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and Teacher's Notebook shall not be liable for the disclosure or use of such Material. If, at Teacher's Notebook's request, any member sends Material to improve the Site, Teacher's Notebook will also consider that Material to be non-confidential and non-proprietary and Teacher's Notebook will not be liable for use or disclosure of the Material. Any communication by you to Teacher's Notebook is subject to this Agreement. You hereby grant and agree to grant Teacher's 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, Teacher's Notebook is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Teacher's 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 Teacher's 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.
If a dispute arises between you and Teacher's Notebook, you and Teacher's 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 the below. Before resorting to these alternatives, we strongly encourage you to first contact us directly at firstname.lastname@example.org to seek a resolution.
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 Teacher's 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.
Teacher's Notebook, Teacher's 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. Teacher's 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.
TEACHER'S NOTEBOOK, TEACHER'S NOTEBOOK'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND TEACHER'S NOTEBOOK'S SUPPLIERS PROVIDE TEACHER'S NOTEBOOK'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. TEACHER'S NOTEBOOK, TEACHER'S NOTEBOOK'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND TEACHER'S 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 TEACHER'S 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 TEACHER'S NOTEBOOK BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF TEACHER'S NOTEBOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE TEACHER'S NOTEBOOK SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE TEACHER'S NOTEBOOK SITE OR THE SERVICE, FROM INABILITY TO USE THE TEACHER'S NOTEBOOK SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE TEACHER'S 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 TEACHER'S NOTEBOOK SITE OR THE SERVICE OR ANY LINKS ON THE TEACHER'S NOTEBOOK SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE TEACHER'S NOTEBOOK SITE OR THE SERVICE OR ANY LINKS ON THE TEACHER'S 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.
You agree to indemnify and hold Teacher's 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.
The services hereunder are offered by Teachers Notebook, LLC.
Effective date of these terms and conditions is 05/23/2011.
Last Updated: 11/12/2014.