Welcome to Made By Teachers. By using the website and services offered by Made By Teachers, Inc. (‘Made By Teachers’), you agree to the following terms with Made By Teachers, Inc. This agreement sets forth the legally binding terms and conditions for your use of the website at http://madebyteachers.com (the ‘site’)
and all services provided by Made By Teachers on the site. If you have any questions, please refer to our help section of the site.
This Agreement is effective on June 1, 2012, for current users, and upon acceptance for new users.
Made By Teachers is a Venue
Made By Teachers acts as a venue to allow users to offer, sell and buy original teaching resources and new/used teaching materials/supplies within a fixed-price format. Made By Teachers is not directly involved in the transaction between the buyers and the seller. As a result, Made By Teachers 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. Made By Teachers does not pre-screen users or the content or information provided by users. Made By Teachers cannot ensure that a buyer or seller will actually complete a transaction. Consequently, Made By Teachers does not transfer legal ownership of items from the seller to the buyer. Made By Teachers cannot guarantee the true identity, age, and nationality of a user. Made By Teachers encourages you to communicate directly with potential transaction partners through the tools available on the Made By Teachers site. You may also choose to consider using a third-party escrow service or services that provide additional user verification. You and Made By Teachers 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 Made By Teachers 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 Made By Teachers. You use the Made By Teachers service at your own risk.
Using Made By Teachers
While using the Made By Teachers site, Made By Teachers 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 Made By Teachers policies, such as the Acceptable Use Policy.
* 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 Made By Teachers;
* 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 Made By Teachers).
* Transfer your Made By Teachers 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 Made By Teachers, or the interests or property of Made By Teachers users.
* Collect personal data or user email addresses without their consent.
By listing an item on the Made By Teachers 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 Made By Teachers site, your listing will be posted on the Made By Teachers 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 Made By Teachers can not guarantee exact listing durations. You also warrant that you and all aspects of the item comply with Made By Teachers’ published policies and that you may legally sell the item. You must accurately describe your item and all terms of sale in your Made By Teachers store. 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 Made By Teachers
If Made By Teachers users are found abusing the Made By Teachers 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 Made By Teachers site, services or tools. Made By Teachers 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 Made By Teachers immediately.
Limitation of Liability
You will not hold Made By Teachers responsible for other users’ content, actions or inactions, items they list or their destruction of allegedly fake items. 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.
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, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Fees and Services
Made By Teachers has a free membership and premium membership with an annual fee for setting up a store. Made By Teachers 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 Made By Teachers’ services are effective after Made By Teachers provides you with at least fourteen (14) days’ notice by posting the changes on the Site. Made By Teachers may choose to temporarily change the fees for promotional events such changes are effective when Made By Teachers posts the temporary promotional event on the Site. Made By Teachers may, At Made By Teachers’ sole discretion, change some or all of Made By Teachers’ services at any time. In the event Made By Teachers 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 Made By Teachers. Made By Teachers keeps accepted payment information on file.If Made By Teachers terminates a listing or chooses to terminate your account, if you close your account, or if the payment of your Made By Teachers fees cannot be completed for any reason, you remain obligated to pay Made By Teachers for all unpaid fees plus any penalties, if applicable. If the storekeeper’s account is not paid in full and becomes past due, The storekeeper 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 Made By Teachers.
The Made By Teachers 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 Made By Teachers, including, without limitation, photographs, writings, computer graphics, pictures, data, questions, comments, suggestions or personally identifiable information (collectively, “User Content”).
By posting content on Made By Teachers, it is possible for an outside website or a third party to re-post that content. You agree to hold Made By Teachers harmless for any dispute concerning this use. If you choose to display your own Made By Teachers-hosted image on another website, the image must provide a link back to its listing page on Made By Teachers.
Information You Submit
Made By Teachers 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 Made By Teachers shall not be liable for the disclosure or use of such Material. If, at Made By Teachers’ request, any member sends Material to improve the site, Made By Teachers will also consider that Material to be non-confidential and non-proprietary and Made By Teachers will not be liable for use or disclosure of the Material. Any communication by you to Made By Teachers is subject to this Agreement. You hereby grant and agree to grant Made By Teachers, 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 Made By Teachers is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Made By Teachers 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 Made By Teachers 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 Made By Teachers, you and Made By Teachers 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 [email protected] 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 California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Made By Teachers must be resolved exclusively by a state court located in San Francisco, California, 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 San Francisco, California 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 Made By Teachers 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, Made By Teachers may recover attorneys’ fees and costs up to $1000, provided that Made By Teachers has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim. Made By Teachers will not make judgments regarding legal issues or claims.
Made By Teachers, Made By Teachers graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Made By Teachers, INC. in the U.S. and/or other countries. Made By Teachers’ 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.
MADE BY TEACHERS, MADE BY TEACHERS’ SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND TEACHERS NOTEBOOK’S SUPPLIERS PROVIDE MADE BY TEACHERS’ WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. MADE BY TEACHERS, MADE BY TEACHERS’ SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND MADE BY TEACHERS’ 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 MADE BY TEACHERS 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 MADE BY TEACHERS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MADE BY TEACHERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE MADE BY TEACHERS SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE MADE BY TEACHERS SITE OR THE SERVICE, FROM INABILITY TO USE THE MADE BY TEACHERS SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE MADE BY TEACHERS 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 MADE BY TEACHERS SITE OR THE SERVICE OR ANY LINKS ON THE MADE BY TEACHERS SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE MADE BY TEACHERS SITE OR THE SERVICE OR ANY LINKS ON THE MADE BY TEACHERS 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 Made By Teachers (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 Made By Teachers, INC.