|
|
|
Terms and ConditionsThe Education Center, Inc. Terms and Conditions These Terms and Conditions concern the Web sites located at the following Web sites: www.theeducationcenter.com,www.themailboxbooks.com, http://retailers.theeducationcenter.com. The Web site is operated by The Education Center, Inc. You are encouraged to use and enjoy the Web site, subject to these Terms and Conditions. Certain copyright and other notices, as well as disclaimers are set forth below. Copyright 2010 The Education Center, Inc. All rights reserved. The Education Center®, The Mailbox®, Teacher's Helper®, Learning®, Learning Magazine®, Classroom Beautiful®, Bookbag®, The #1 Idea Magazine for Teachers®, the mailbox post/grass logo, Learning Center Collection®, Learning Library®, Successful Teaching Today®, Learning XX Action Pac®, The Idea Magazine for Teachers®, The Mailbox Book Company®, Writing Works!®, The Teacher's Idea Magazine for Children's Literature®, Literacy Ideas for Teachers®, Lifesaver Lessons®, Magic Moments®, Phenomenal Phonics®, The Mailbox Companion®, Superbook®, Resources for Successful Teaching®, Busy Kids®, The Mailbox Magic®, Learning Centers Club®, Holidays & Seasonal Celebrations®, Be the Difference With The Mailbox™, Holidays & Seasonal Celebrations®, Holidays & Seasonal Celebrations™, The Mailbox Be The Difference™, Where Great Teachers Find Great Ideas!®, The Mailbox Select™, Classroom Essentials™, Ideas in Your Inbox®, The Bookbag® Companion™, The Mailbox® Bookbag® Companion™, Learning Magazine Teacher's Choice Award TCA and Design™, The Mailbox® Teacher, Organize Now! ™, For Every Learner™, and Sounds Like Fun™ are trademarks and/or registered trademarks of The Education Center, Inc. Any other product names mentioned in this Web site may be trademarks and/or registered trademarks of their respective companies. Any advertisers may also have their own copyrights in the material presented. The Education Center, Inc., provides this Web site as an aid to teachers and others involved in education. Advertisers that submit information accessed on this Web site are solely responsible for the accuracy of the information presented, and any errors or omissions contained therein. The Education Center, Inc., does not review submissions for accuracy or content, and readers are responsible to verify with the advertiser any information presented. THE EDUCATION CENTER, INC., DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE INFORMATION PRESENTED AT THIS WEB SITE, OR WITH REGARD TO ANY SITE ACCESSED FROM THIS WEB SITE. IN NO EVENT SHALL THE EDUCATION CENTER, INC., BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE ANY PRODUCTS OR SERVICES EITHER ADVERTISED IN THIS WEB SITE OR DISCLOSED AT A SITE ACCESSED THROUGH THIS WEB SITE. Unless otherwise stated, The Education Center, Inc., does not endorse any of the products or services identified or advertised via a link to another site from this Web site. 1. GENERAL 1.1 Agreement. These Terms and Conditions constitute your agreement with The Education Center, Inc. ("TEC") with respect to your use of TEC's Web site(s) indicated above or any portion thereof (collectively, the "Web site"). By doing any of the following, you are indicating your agreement to these Terms and Conditions: (i) registering as a member of the Web site, registering as a guest, making purchases, subscribing to anything on or through the Web site, or otherwise taking steps that cause the creation for you of an account for the Web site, (ii) accessing, using, utilizing or logging onto a membership, registration, subscription or account for the Web site, and (iii) browsing, using, viewing, and/or enjoying any part of the Web site. If you do not agree with any aspect of these Terms and Conditions, you are not authorized to register as a guest, to register as a member, or to access or use the Web site for any purpose. 1.2 Changes to Terms and Conditions. TEC reserves the right, at its discretion and at any time, without prior notice, to change, modify, add or remove any of the Terms and Conditions, as well as any other rules, Privacy Policy, terms, disclaimers or policies set forth on Web site. Your use or continued use of the Web site following any such modification constitutes your agreement to follow and be bound by such things as modified. For this reason, we encourage you to review the Terms and Conditions, as well as any other rules, Privacy Policy, terms, disclaimers or policies set forth on the Web site, whenever you use the Web site. IF ANY CHANGES IN THE FUTURE TO THE TERMS AND CONDITIONS ARE UNACCEPTABLE TO YOU OR CAUSE YOU TO BE OUT OF COMPLIANCE WITH THE TERMS AND CONDITIONS, YOU MAY CANCEL YOUR SUBSCRIPTION TO DIGITAL EDITION(S) OR REGISTERED SERVICES BY SENDING AN EMAIL TO: webmaster@themailbox.com (SEE SECTION 11 REGARDING TERMINATION). YOUR CONTINUED USE OF THE WEB SITE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THE TERMS AND CONDITIONS, WILL CONSTITUTE A BINDING ACCEPTANCE BY SUBSCRIBER OF SUCH RULES, CHANGES, OR MODIFICATIONS. 1.3 Member Sign In. In order for you to better use the Web site, we encourage you to become a member or to register as a guest for the Web site. Some portions of the Web site ("Registered Services") are not accessible unless you complete your registration. Continued compliance with these Terms and Conditions is one condition of access to the Registered Services, and TEC may terminate, cancel, block, not renew, or suspend your access to the Registered Service, this Web site, or both if you are not in compliance with these Terms and Conditions or any other term or condition of registration. 1.4 Digital Editions. TEC may from time to time provide online or digital editions of its publications (the "Digital Editions"). Digital Editions may be made available only to persons who have subscribed to the Digital Editions or who have reached another agreement with TEC that gives them a Digital Edition subscription. Digital Editions are different from on-line extenders or supplements to a printed magazine. For example, TEC may, or may not, in the future grant a new subscriber to one of its printed magazines a subscription to its Digital Edition of that magazine. Continued compliance with these Terms and Conditions is one condition of subscription to the Digital Editions, and TEC may terminate, cancel, block, not renew, or suspend your access to the Digital Editions, this Web site, or both if you are not in compliance with these Terms and Conditions or any other term or condition of subscription. 1.5 Additional provisions for particular activities. Some activities on the Web site are subject to additional terms, disclaimers and conditions. Ordering products, for example and without limitation, is subject to sales, shipping and returns policies set forth in other places on the Web site besides in these Terms and Conditions. As another example, TEC may, from time to time, offer and/or co-sponsor polls, contest, sweepstakes, raffles, promotions and games on the Web site, each of which may be governed by specific rules accessible from pages of the Web site offering the activity. By participating in any such activities, you will become subject to those rules. TEC urges you to read carefully any applicable rules, terms, disclaimers and conditions, and also to review our Privacy Policy, which, in addition to these Terms and Conditions, govern such activities and information you may submit. These Terms and Conditions incorporate by reference those other additional rules, terms, disclaimers, conditions, and Privacy Policy; and those additional rules, terms, disclaimers, conditions, and Privacy Policy incorporate these Terms and Conditions. 1.6 Discontinuation. TEC may change, suspend or discontinue any aspect of the Web site at any time, including without limitation, the availability of any feature, database, content, Digital Editions or Registered Services. TEC may also impose limits on certain features and services or restrict access to parts of or all of the Web site without notice or liability. 2. CONTENT 2.1 This Web site has three types of content ("Content"). Content that is provided or posted by you to us, for the Web site or otherwise, is known in these Terms and Conditions as a "Submission." A Submission includes information, comments, postings, ideas, concepts, methods, systems, designs, plans, techniques, photographs, images, illustrations, audio clips, video clips, or other materials which you provide to us or the Web site. Content that third parties provide to TEC for inclusion on the Web site, whether through a Submission or otherwise, is known in these Terms and Conditions as "Third Party Content." Everything else, including all other Content provided by us, the Web site itself, blogs, text, photographs, graphics, video, audio content, information, data, software, graphs, videos, typefaces, sounds, brands, the design, layout, look and appearance of the Web site and other material, whether in the form shown on the Web site or in other forms, media, technologies existing now or hereinafter developed is known herein as "Our Content." Our Content can include items which were originally known as Submissions and which have subsequently become owned by TEC. 2.2 The Web site, the Registered Services, and Our Content are intended for your personal use and not for re-sale. Except as set forth elsewhere in these Terms and Conditions, you shall not permit any other person to access or use the Web site, Registered Services or Our Content on the Web site without the express authorization of TEC. Accordingly, without the express authorization of TEC, registered guests and members shall not share their registration ID or password with any other person or otherwise permit any other person to use such registration ID or password. All of Our Content published on the Web site (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips) is protected by copyright or other laws, and owned or controlled by TEC. Third Party Content may also be protected by copyright or other laws, and owned or controlled by the party credited as the provider of the content, software, or other materials. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Web site. 2.3 The Web site and Our Content is also protected as and by copyright, trademarks, patents or other proprietary rights. Our Content is copyrighted as a collective work and/or compilation pursuant to U.S. copyright laws, international conventions, and other copyright laws, and we own, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement and enhancement of Our Content. Except as provided in these Terms and Conditions or as a Submission, you may not copy, modify, publish, transmit, remove, delete, enter into a database, augment, add to, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, transmit, frame, stream, participate in the transfer or sale, lease or rental of, or in any way exploit, any of the Our Content, materials, or the Web site, in whole or in part, without our prior written consent. 2.4 You may download or copy Our Content from TEC and other downloadable items from TEC displayed on this Web site for personal use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content owned by, or licensed to TEC, in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from TEC, or the copyright holder identified in the individual Content's copyright notice. 2.5 With respect to any Content from TEC that is designated as "reproducible" ("Reproducibles"), such Reproducibles may be downloaded, copied and given to students in your individual class if you are a teacher or involved with education. You may not copy, or distribute copies of, Reproducibles to any other person, including without limitation, administrative personnel, teachers or students other than those in your individual class. 3. CONDUCT 3.1 The Web site is intended to be used for lawful purposes only. 3.2 While using or doing anything with our Web site, you may not: -engage in any activity on the Web site that restricts or inhibits any other user from using or enjoying the Web site such as hacking, cracking, spoofing, using aliases, sock puppetry, personal attacks, vandalism, or defacing any portion of the Web site; -harvest or collect information about the Web site's visitors, members or registrants without their express consent; -use the Web site to defame, abuse, stalk, threaten or otherwise violate the legal rights of others or for any fraudulent purpose; -create a database by systematically downloading and storing Content; -frame or mirror the Web site any part of the Web site without our prior written consent; or -interfere with or disrupt the operation of the Web site, the servers or networks used to make the Web site available or violate any requirements, procedures, policies or regulations of such networks. 4. SUBMISSIONS 4.1 You may have the opportunity on the Web site (or otherwise) to post, transmit or otherwise make available Submissions, including opinions, responses, ideas, images or other things. We reserve the right to post and to remove any Submissions sent to TEC or posted to the Web site for any reason, or for no reason at all. Decisions as to whether Submissions should be posted or removed, or violates our standards will be made in our sole discretion after we have actual notice of such posting. 4.2 If you contribute any Submissions, you are publishing every word and material you provide. You should therefore assume that it may be retained forever, although we assume no obligation to retain or make it available for any length of time, much less forever. 4.3 You are responsible for all Submissions you provide. You represent and warrant that: -all Submissions you provide are NOT illegal, defamatory, libelous, threatening, intimidating, derogatory, abusive, harassing, rude, vulgar, obscene, bigoted or hateful, insensitive, petty, uncivil, offensive, profane, scandalous, pornographic, indecent, invasive of privacy or publicity rights, tortuous, unreasonable, or intentionally false, fraudulent, deceptive, wrong, improper or otherwise objectionable; -all Submissions you provide do NOT infringe any copyright, patent, trademark or other intellectual property right; -all Submissions you provide are either original to you or are provided without violation or infringement of any contract or rights of any others; -no other party has any rights to the Submissions you provide or that you have all rights necessary to grant the rights and agree to the provisions of these Terms and Conditions; -your act of providing, and the continued existence on the Web site of, such Submissions does NOT violate any right, restriction, law, regulation, ordinance, governmental decree, contract or obligation; -all Submissions you provide are provided without any restrictions; -all Submissions you provide do NOT violate these Terms and Conditions; -all Submissions you provide do NOT solicit, encourage or promote illegal activity or substances; -all Submissions you provide do NOT express or imply that any statements you make are endorsed by TEC, without our prior written consent; and -none of your Submissions give rise to civil or criminal liability, encourage conduct that constitutes a criminal offense or otherwise violates any local, state or federal law. You may NOT provide or post Submissions that are contrary to the above representations, warranties and restrictions. 4.4 Additionally, you may not post, transmit or provide as a Submission for the Web site the following: -advertising or commercial solicitations; -promotional materials relating to other Web sites or online services competitive with TEC or this Web site; -software or other materials that contain viruses, worms, time-bombs, Trojan horses, or another harmful or disruptive component; -political campaign materials, chain letters, mass mailings or spam; or -any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, database, data mine, or in any way reproduce or circumvent this Web site or the navigational structure or presentation of this Web site or the Content. 4.5 Submissions will be deemed NOT to be confidential or secret. We and all other users will not be required to treat any of your Submissions as confidential, and may use any of your Submissions in our respective businesses (including without limitation, for products or advertising) without incurring any liability for royalties, damages or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in our future operations. 4.6 Please note that because we may allow users like yourself to post materials on forums and in other ways on the Web site, we need to obtain certain rights in your Submissions. By submitting or otherwise making Submissions available on the Web site, you hereby grant to us and all users a royalty-free, perpetual, irrevocable, transferable, sub-licensable, worldwide, non‑exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your Submissions, and to incorporate your Submissions in other works in any form, media, or technology now known or later developed. 4.7 You also agree and acknowledge that any and all of your Submissions, such as information, ideas, concepts, methods, systems, designs, plans, techniques or other similar materials, that you post, submit or otherwise communicate to us or the Web site may be used by us and other users in any manner, and without limitation may be displayed on the Web site and copied, printed and distributed for educational, promotional, marketing or any other purposes. 4.8 With respect to Submissions posted to or on the Web site, we are the provider of an interactive computer service and user providing the Submission (which may be you or a third party) is the publisher or speaker of the Submission. 4.9 To the extent that any forums, message boards, blogs and similar things are provided by on the Web site for the receipt and posting of Submissions, such things shall be used only in a noncommercial manner. You shall not, without the express approval of TEC, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services. 4.10 TEC has the right, but not the obligation, to monitor the Web site, Content and Submissions on the Web site for compliance with these Terms and Conditions. Although TEC is not responsible for any content of any Submissions on the Web site, TEC reserves the right not to post and to delete, move, or edit messages that it, in its sole discretion, desires not to have on the Web site, or deems abusive, defamatory, obscene, in violation of copyright or trademark laws, otherwise unacceptable or in violation of these Terms and Conditions. TEC reserves the right, but not the obligation, to take any action it deems appropriate with respect to the Web site, Submissions, Third Party Content and Content to operate the Web site properly, to protect other users, TEC, TEC's business relationships, and guests to the Web site, and to comply with legal obligations or governmental requests. The providers of Submissions shall remain solely responsible for the content of their Submissions. If you believe that a posted Submission is incomplete or inaccurate, feel free to provide your own Submission asserting your position, subject to these Terms and Conditions. 4.11 You acknowledge that any Submissions (whether a letter to the editor, review, commentary, or otherwise) may be edited, removed, modified, published, transmitted, displayed, truncated, or not posted, or not displayed by TEC. In addition, you warrant that you have irrevocably waived all moral rights and other rights with respect to attribution of authorship or integrity, under any applicable law under any legal theory, in any Submissions you provide. 4.12 Submissions and the Third Party Content that may be found on the Web site have not necessarily been reviewed by people with the expertise required to provide you with complete, accurate or reliable information. Such things are therefore provided "as is" and without any warranties of any sort. Without limitation, such things are NOT provided with any warranties as to their accuracy, commercial reasonability, condition or non-infringement. Additional disclaimers are set forth below. 4.13 Information, including personally identifiable information (any information which can be used to identify a specific individual, such as a name, email address, postal address or telephone number) which is provided as a Submission or posted by you on the Web site in an area viewable by other users will be accessible to other users including people you may not know. Making this information available may result in a user receiving "spam" or unsolicited email. You are encouraged to use discretion when communicating with others and/or disclosing personally identifiable information on-line. In addition, TEC has no control over, and shall have no liability for, damages resulting from the use or misuse by any third party of information that you voluntarily make public through a Submission. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION PUBLICLY AVAILABLE THROUGH A SUBMISSION, YOU DO SO AT YOUR OWN RISK. 5. ACCESS AND AVAILABILITY OF LINKS 5.1 The Web site may contain links to other related World Wide Web or Internet sites or resources. These links are provided for your convenience and to provide further information. They do not signify that we endorse or have an association with the linked Web site. As TEC is not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster for such link. 5.2 You may not create a link to this Web site from another Web site or document without our prior written consent. 6. ADDITIONAL REPRESENTATIONS AND WARRANTIES ABOUT YOUR ACTIVITIES 6.1 You represent, warrants, and covenants (a) that no materials of any kind submitted through your account or registration will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least eighteen (18) years old. You agree to indemnify, defend and hold TEC, and all of its subsidiaries, affiliates, parents, licensors, licensees, content providers, information providers, service providers, and all of our/their employees, officers, managers, directors, owners, shareholders, agents, and contractors (the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach or violation by you or any user of your account or registration of these Terms and Conditions or the representations, warranties and covenants in these Terms and Conditions, including, without limitation, reasonable attorneys' fees, costs and expenses. You agree to cooperate as fully as reasonably required in the defense of any claim. TEC reserves the right, at its own expense, to assume the exclusive defense and control of any, or any part of any, matter otherwise subject to indemnification by you. 6.2 TEC does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Web site by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your own sole risk. TEC reserves the right, in its sole discretion, and assumes no obligation, to correct any errors or omissions in any portion of the Web site. 7. REGISTRATION AND SECURITY 7.1 If you register as a guest or member for the Web site, you may be asked to provide, select, or be assigned, a password, user name and valid email address ("TEC ID") and related information. You agree to provide TEC with accurate, complete, and updated information. Failure to do so shall constitute a breach of these Terms and Conditions, which will result in immediate termination of your account or membership. You may not (i) select or use a screen name of another person with the intent to impersonate that person; (ii) use a name of any person other than yourself without authorization; or (iii) use a screen name that TEC, in its sole discretion, deems offensive or inappropriate. 7.2 (a) You shall notify webmaster@themailbox.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. (b) You shall be responsible for maintaining the confidentiality of your password. You will never be required to reveal your password to any representative or agent of TEC, its owners or agents. 7.3 You must be 18 years or older to use the Registered Services or the Web site. 7.4 Each user is responsible for all usage or activity on the user's account or membership, including use of the account or membership by any third party, whether or not authorized by the user to use the user's TEC ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of the account or membership, at TEC's sole discretion, and the user may be referred to appropriate law enforcement agencies. 7.5 Some portions of the Web site, Registered Services, are not accessible unless you complete your registration and log in to access the content. One condition of access to the Registered Services includes subscribing to at least one e-newsletter. If at any time you choose to un-subscribe to an e-newsletter after registration and you are no longer subscribed to any of TEC's e-newsletters, TEC may terminate, cancel, block, not renew, or suspend your access to the Registered Service, this Web site, or both. 8. FEES AND PAYMENTS 8.1 TEC reserves the right at any time to charge fees for access to portions of the Registered Services, Digital Editions, membership services, or the Web site as a whole. If at any time TEC requires a fee for such things that are now free, or changes any of its fees, TEC will give members/subscribers advance notice of such fees and the opportunity to cancel the account before such charges are imposed. All new fees, if any, will be posted on the Web site or sent via email or postal mail. You agree to pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Web site by TEC or by any other vendor or service provider. All such fees and charges shall be billed to and paid for by you. You agree to pay all applicable taxes relating to use of the Web site through your account. Your right to use the Registered Services, Digital Editions, membership services, or the Web site as a whole is subject to any limits established by TEC in its sole discretion. If you cancel any purchased digital membership/subscription, the remaining days left on your membership/subscription will not be refunded. 9. COMMUNICATIONS BETWEEN TEC AND REGISTRANTS 9.1 Unless a registering user indicates on its registration document that it does not want to receive such information, TEC, its owners and assigns, reserve the right to disclose certain limited information about the registrant (e.g., registrant's name, email address, mailing address) to third party vendors for the purpose of providing the registrant with information about products and services. 9.2 TEC reserves the right to send electronic mail to any and all registrants, for the purpose of informing them of changes or additions to the Registered Services or Web site, or of any TEC related products and services, or of information of note to TEC. 9.3 TEC reserves the right to disclose information about users' usage and demographics in forms that do not reveal the users' personal identities. 10. DISCLAIMER OF WARRANTIES AND LIABILITY BY TEC 10.1 The Web site, Registered Services, Digital Editions, Content and all downloadable software or other materials are distributed on an "as is" basis. You and all registered guests and members hereby acknowledge that use of all such things is at your own sole risk. To the extent permitted by law, you assume the risk of all use of the Web site and the Content. 10.2 YOUR USE OF THE WEB SITE AND CONTENT IS AT YOUR OWN RISK. The WEB SITE, all Content, and all materials and/OR SERVICES on the Web site or provided through the Web site ARE EACH provided "as is," ON AN "AS AVAILABLE" BASIS, and without guarantees or warranties of any kind, either expressed or implied. Submissions and THIRD PARTY CONTENT ARE PROVIDED BY others, who may or may not make other promises, guarantees or warranties, and TEC IS not responsible for any such things. Due to the number of sources from which content and maerials in this Web site is obtained, for other reasons, and the inherent hazards of electronic distribution, THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACITES IN THE Web site, CONTENT, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH THE Web site. WE ARE NOT RESPONSIBLe FOR THE AVAILABILITY OR substance OF THE Web site, content or OTHER SERVICES THAT MAY BE connected TO or associated with THE Web site. We, OUR affiliates and OTHER third party service providers hereby expressly disclaim all warranties, including any and all warranties, express and implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, TITLE, accuracy, timeliness, currentness, completeness, reliability, suitability, NON-INFRINGEMENT, and condition. WE, OUR affiliates and OTHER third party service providers do not represent or warrant that access to the Web site will be uninterrupted, or that there will be no failures, errors or omissions or loss of transmitted information, or that defects will be corrected, that no viruses will be transmitted on the Web site, or that the Web site or the server that makes it available are free of viruses or other harmful components. We, OUR affiliates and OTHER third party service providers do not warrant or make any representation regarding use, or the result of use, of the Web site or content in terms of accuracy, reliability, or otherwise. The Web site or content may include technical inaccuracies or typographical errors, and WE may make changes or improvements at any time. You, and not WE, assume the entire cost of all necessary servicing, repair or correction IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM your USE OF the Web site or the CONTENT. We, OUR affiliates and OTHER third party service providers MAKE NO WARRANTIES THAT YOUR USE OF THE Web site or CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS, AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH things. ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM this Web site or any content SHALL NOT CREATE ANY WARRANTY. IF YOU ARE DISSATISFIED WITH THE Web site OR ANY CONTENT OR FUNCTION of the Web site, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE Web site. WE DO NOT ENDORSE ANY OF THE submissions AND WE DO NOT ENDORSE THE ACCURACY OF ANY OF THE submissions. 10.3 NEITHER TEC NOR ANY OF ITS OFFICERS, DIRECTORS, OWNERS, AFFILIATES, AGENTS OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING DIRECTLY OR INDIRECTLY FROM USE OF THE WEB SITE, INCLUDING WITHOUT LIMITATION LOSS OR INJURY CAUSED IN WHOLE OR PART BY THE NEGLIGENCE OF TEC, ITS AFFILIATES, AGENTS OR LICENSORS, OR CONTINGENCIES BEYOND THEIR CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE WEB SITE AND THE CONTENT. IN NO EVENT WILL TEC, ITS OFFICERS, DIRECTORS, OWNERS, AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR THIS WEB SITE. TEC AND ITS OFFICERS, DIRECTORS, OWNERS, AFFILIATES, AGENTS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF TEC, ITS OFFICERS, DIRECTORS, OWNERS, AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE WEB SITE OR THE CONTENT PROVIDED BY THE WEB SITE SHALL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, TO TEC FOR THE USE OF THE WEB SITE, REGISTERED SERVICES AND DIGITAL EDITIONS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. 10.4 SUBSCRIBER MAY BE ABLE TO ACCESS OTHER INTERNET SITES NOT CREATED BY TEC OR ITS AFFILIATES THROUGH THE WEB SITE. THE RELIABILITY, AVAILABILITY, LEGALITY, PERFORMANCE AND OTHER ASPECTS OF RESOURCES ON INTERNET SITES NOT CREATED BY TEC OR ITS AFFILIATES IS BEYOND TEC'S CONTROL, AND TEC MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SUCH SITES. 10.5 TEC MAKES NO WARRANTY, EXPRESS OR IMPLIED, ON BEHALF OF ANY PRODUCT OR SERVICE OFFERED, SOLD OR OTHERWISE MADE AVAILABLE TO YOU AS A RESULT OF THE USE OF THE WEB SITE, DIGITAL EDITIONS OR REGISTERED SERVICES, AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO SUCH SERVICES OR ITEMS. 10.6 Content on this Web site is not intended to be advice in a field regulated by a governmental or other professional licensing body. If you need such specific advice (for example, medical or legal advice), please contact such a professional. 10.7 The information on the Web site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on the Web site, and TEC does not undertake any obligation to update such information after it is posted or to remove such information from the Web site if it is not, or is no longer, accurate or complete. Investors, borrowers, and other persons should use the Web site in the same manner as any other educational medium and should not rely on the Web site to the exclusion of their own professional judgment. Information obtained by using the Web site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals. 10.8 It shall be your own responsibility to ensure that any products, services or information available through the Web site meet your specific requirements. 10.9 TEC reserves the right, but assumes no obligation, to correct any errors or omissions on the Web site. Although we intend to take reasonable steps to prevent the introduction of viruses, worms, "Trojan horses" or other destructive materials to the Web site, we do not guarantee or warrant that the Web site or materials that may be downloaded from the Web site do not contain such destructive features. We are not liable for any damages or harm attributable to such features. If you intend to rely on the Web site and any materials available through the Web site, you do so solely at your own risk. 10.10 You agree to indemnify and hold TEC and the Indemnified
Parties harmless from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any violation of these
Terms and Conditions by you or done at your direction or request or from any
illegal conduct by you, including without limitation any use of the Web site or
Content other than as expressly authorized in these Terms and Conditions or as
may be expressly authorized in another agreement. You agree that the Indemnified
Parties will have no liability in connection with any such breach or
unauthorized action, and you agree to indemnify any and all resulting loss,
damages, judgments, awards, costs, expenses, and attorneys' fees of the
Indemnified Parties in connection therewith. You will also indemnify and hold
the Indemnified Parties harmless from and against any claims brought by third
parties arising out of your providing Submissions, violating any of these Terms
and Conditions or using any Content of the 11. TERMINATION 11.1 You may terminate your account at any time by sending an email to: webmaster@themailbox.com. Upon termination, you will receive an automated confirmation via email that the request was received, and your access will be suspended within 24 hours. You are responsible for all charges incurred up to the time the account is deactivated. 11.2 TEC may, in its sole discretion, terminate or suspend your Subscriber's access to all or part of the Web site, Registered Services or Digital Editions for any reason, including, without limitation, breach of the a subscriber agreement, breach of these Terms and Conditions, or assignment of the subscriber agreement by the subscriber. 11.3 If your access to the Registered Services or Digital Editions is due to an agreement to have a subscription to a publication of The Education Center, Inc or a separate subscription to the Digital Editions, your access may be cancelled, terminated or not renewed at TEC's option if your subscription to the magazine or the separate subscription to the Digital Editions is cancelled, terminated, not renewed, or in arrears. 12. COPYRIGHT AND TRADEMARK NOTICES 12.1 Copyright 2008 The Education Center, Inc. All rights reserved. 12.2 The Education Center®, The Mailbox®, Teacher's Helper®, Learning®, Learning Magazine®, Classroom Beautiful®, Bookbag®, The #1 Idea Magazine for Teachers®, the mailbox post/grass logo, Learning Center Collection®, Learning Library®, Successful Teaching Today®, Learning XX Action Pac®, The Idea Magazine for Teachers®, The Mailbox Book Company®, Writing Works!®, The Teacher's Idea Magazine for Children's Literature®, Literacy Ideas for Teachers®, Lifesaver Lessons®, Magic Moments®, Phenomenal Phonics®, The Mailbox Companion®, Superbook®, Resources for Successful Teaching®, Busy Kids®, The Mailbox Magic®, Learning Centers Club®, Holidays & Seasonal Celebrations®, Be the Difference With The Mailbox™, Holidays & Seasonal Celebrations™, Holidays & Seasonal Celebrations®, The Mailbox Be The Difference™, The Mailbox Select™, Classroom Essentials™, Ideas in Your Inbox®, The Bookbag® Companion™, The Mailbox® Bookbag® Companion™, Learning Magazine Teacher's Choice Award TCA and Design™, The Mailbox® Teacher, Organize Now! ™, For Every Learner™, Sounds Like Fun™ and other marks referenced in this Web site are trademarks of The Education Center, Inc., and may be the subject of one or more Federal trademark registrations and/or applications. 12.3 Other product names and marks that appear in this Web site may be trademarks and/or registered trademarks of the respective owners. Any advertisers or other providers of content may also have their own copyrights in the materials presented. 13. COPYRIGHT INFRINGEMENT CLAIMS 13.1 We respect the intellectual property rights of others, and require that the people who use the Web site do the same. If you believe that your work has been copied on the Web site or by us in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below: your address, telephone number, and email address; a description of the copyrighted work that you claim has been infringed; a description of where the alleged infringing material is located; a statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law; an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. 13.2 Copyright Agent: Hope Rodgers, 3515 West Market Street, Greensboro, NC 27403. Email: hrodgers@theeducationcenter.com. This contact information is only for suspected infringement. Contact information for other matters may be provided elsewhere on this site. 14. PURCHASES AND PRODUCT DESCRIPTIONS 14.1 If you wish to purchase any product made available through the Web site, you may be asked to supply certain information relevant to your purchase, including without limitation your credit card number, the expiration date of your credit card, a security code, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. By submitting such information, you grant TEC the right to provide such information to third parties for purposes of facilitating the completion of purchases initiated by you or on your behalf. Verification of information may be required prior to the acknowledgement or completion of any purchases. 14.2 All sales are subject to the additional applicable policies set forth elsewhere on this Web site, such as policies concerning shipping and returns. 14.3 Although TEC attempts to provide accurate information on the Web site, TEC does not guarantee that product descriptions or other content on the Web site will be accurate, complete, reliable, current or error-free. We reserve the right, with or without prior notice, to change such descriptions or other content, images and references; to limit the available quantity of any product; to honor, or impose conditions on the honoring of, any coupon, promotional code or discount; to bar any user from making any or all purchase(s); and to refuse to provide any user with any product. Price and availability of any product offered through the Web site are subject to change without notice. You agree to pay all charges that may be incurred by you or on your behalf through the Web site, at the price(s) in effect when such charges are incurred, including without limitation, all shipping and handling charges, and applicable taxes. 15. MISCELLANEOUS 15.1 Your use of the Web site and all related rights and obligations shall be governed by the laws of the United States of America and the State of North Carolina, as if Subscriber's use was a contract wholly entered into and wholly performed within the State of North Carolina. Any legal action or proceeding with respect to the Web site or any matter related thereto must be brought exclusively in the courts of the State of North Carolina venued in Greensboro, North Carolina, or in the United States Court for the Middle District of North Carolina venued in Greensboro, North Carolina. By using the Web site, you accept generally and unconditionally the personal jurisdiction of the aforesaid courts and irrevocably waive any objection to such jurisdiction. 15.2 TEC is not responsible for any breach of security caused by third parties or for any actions of any third parties that receive the information. We also may allow to be displayed on the Web site advertisements of third parties. We are not responsible for such third party's privacy policies or how they treat information about their users. 15.3 We may disclose personal information if we are required to do so by law or we in good faith believe that such action is necessary to (1) comply with the law or with legal process; (2) protect and defend our rights and property; (3) protect against misuse or unauthorized use of the Web site; or (4) protect the personal safety or property of our users or the public (among other things, this means that if you provide false information or attempt to pose as someone else, information about you may be disclosed as part of any investigation into your actions). 15.4 The Web site is not directed towards children, minors or anyone under the age of 18. Please do not send us or post any information about any individuals under the age of 18, like names, addresses, email addresses or photos of your students. In general, we do not knowingly collect personally identifiable information from those under 18. If, in limited circumstances, we do knowingly collect personally identifiable information from someone under the age of 18, we will do so only with verified parental consent prior to collection. In the event that we learn that we have collected any personal information from a child under the age of 18 without verification of parental consent, we will delete that information from our material as quickly as possible. 15.5 Pursuant to 47 U.S.C. section 230(d) as amended, you are hereby notified that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at: http://dir.yahoo.com/Business_and_Economy/.../Blocking_and_Filtering. 15.6 Official correspondence must be sent via postal mail to: The Education Center, Inc. |