Updated as of July 13, 2021
By using Teachonomy’s (also referred to as “Us”) free or paid products, software, services or web sites (“Teachonomy Services”), you, a school, school district, or other entity purchasing Teachonomy Services or a Teachonomy Services’ account holder and user (“You”), agree to the following terms and conditions, and any policies, guidelines or amendments that may be presented to you from time to time (collectively, the “Terms of Service”). We may update these Terms of Service without prior notice.
1. Use of Services
Teachonomy (“Teachonomy ” or “Us”) offers You access to use Teachonomy Services for educational purposes (as defined below), provided that You are of legal age to form a binding contract and are not a person barred from receiving Teachonomy Services under the laws of the United States or other applicable jurisdiction.
Using Teachonomy Services for educational purposes includes, but is not limited to: accessing or sharing suggestions and resources to support curriculum and instruction, engaging in educational research, participating in professional development or professional learning presentations or workshops, participating in communities of practice on educational issues and topics, instruction or curriculum-based teaching by educators to students at educational or educational support (e.g., tutoring) institutions, planned study or investigation directed toward making a contribution to a field of knowledge, professional development or professional learning sessions, or presentation of research findings at peer conferences, workshops, or seminars.
Identifying Information; Password Security
In order to access certain services, You may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of Teachonomy Services. You are responsible for maintaining the confidentiality of your account password, and are responsible for all activities that occur under your account. You agree to immediately notify Teachonomy of any unauthorized use of your password or account or any other breach of security. Teachonomy cannot and will not be liable for any loss or damage arising from your failure to provide Us with accurate information or to keep your password secure.
2. Privacy; Audio and Video Recording; Account Access
By using Teachonomy Services, You acknowledge and agree that Teachonomy may record your voice or video as part of live sessions.
By using Teachonomy Services, You acknowledge and agree that Teachonomy may access, preserve, and disclose your account information and any content associated with that account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce these Terms of Service, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), or (d) protect against imminent harm to the rights, property or safety of Teachonomy, its users or the public as required or permitted by law.
3. Code of Conduct
Teachonomy Services does or may provide chat rooms, bulletin boards, forums, shared folders, live sessions, email services, and other services that allow you to interact with other authorized users (“Interactive Services”). As a condition to your use of Teachonomy Services, including the Interactive Services, you agree to follow our code of conduct (the “Code of Conduct”), set out below. Under this Code of Conduct, you will not:
- Use Teachonomy Services in a manner that could disable, overburden, or impair Teachonomy Services or interfere with any other party’s use and enjoyment of Teachonomy Services, such as through sending “spam” email.
- Seek to obtain access to any materials or information we have not intentionally made available to you through Teachonomy Services, whether through “hacking” or through other means.
- Submit material that is intentionally false, defamatory, threatening, or harassing. For example, you will not display or distribute messages that harass an individual or group because of their sex, race, religious beliefs, national origin, physical attributes, or sexual preference.
- Infringe our or any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy. Note that electronic materials – such as music, videos, games, images, and text in electronic form — can easily be copied, modified and sent over networks (such as the Internet). These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement. You may not transmit such materials over Teachonomy Services without the copyright owner’s permission or without a legitimate “fair use” justification for the transmittal.
- Collect or attempt to collect electronic copies of content on Teachonomy Services through screen shots, screen scraping, or other manual or automated techniques.
- Disseminate materials that invade the privacy of others, such as photographs, video clips, sound recordings, personally identifiable information, or other materials that reveal personal, private, or sensitive information about another person, without that person’s consent.
- Distribute outside the group of authorized users information these users have submitted for use on Teachonomy Services.
- Transmit or display obscene materials, particularly those that contain child pornography or other pornographic images or content.
- Frame, or assist third parties in framing, any of the web pages contained in Teachonomy Services. Such framing is strictly prohibited under these Terms of Service.
- Transmit materials that contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming or routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
- Create direct or indirect links to other websites or to Teachonomy Services from other websites if you lack express written permission or the authority to do so.
- Seek to use for financial gain Teachonomy Services, related computer facilities, or information available on Teachonomy Services.
- Use Teachonomy Services for any purpose that is unlawful or prohibited by these Terms of Service. For example, you will not use Teachonomy Services to violate any law, statute, or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising).
We will enforce the above Code of Conduct as we deem necessary. Please understand, however, that Teachonomy does not control – and does not necessarily endorse — the content, messages, or information found in any Interactive Service. When you participate in the Interactive Services, you do so at your own risk, and we expressly disclaim responsibility for the content, messages, or information found in any Interactive Service.
4. Monitoring of Teachonomy Services; Removing Postings
We expect each user of Teachonomy Services to act responsibly and to respect the rights of others. We seek to protect the integrity and security of our computing systems and to protect our community of users from claims of intellectual property infringement and other claims or threats, such as those detailed in our Code of Conduct. Toward these ends, we reserve the right in our discretion to (i) monitor your use of Teachonomy Services and email and other messages transmitted through Teachonomy Services, (ii) restrict or foreclose access to certain Internet sites or other resources via Teachonomy Services, and (iii) take other actions we deem necessary to protect our community of users and our resources. Due to this monitoring, you cannot expect that communications through Teachonomy Services will remain “private” or otherwise free from our review.
5. Revocation or Suspension of Use Privileges
We reserve the right at any time to terminate or suspend your access to some or all of the Interactive Services or Teachonomy Services if you engage in an activity that we conclude, in our discretion, breaches our Code of Conduct.
6. Submitted Content
If you post content to Teachonomy Services, we will treat the content as non-confidential and nonproprietary to you, except to the extent the content contains any personally identifiable information. By posting content on Teachonomy Services, you authorize us to use and allow others to use, distribute, modify, and copy the content (excluding any personally identifiable information within the content), without compensation to you and for so long as we deem warranted (collectively, “Use Rights”). Moreover, in posting this content to Teachonomy Services, you warrant that you have sufficient authority and right to post the information and provide these Use Rights. Our Use Rights shall be limited as required by applicable law.
7. Teachonomy Premium Service
Teachonomy Services are available either as a free service (“Teachonomy Basic”) or as a paid service (“Teachonomy Premium”).
By starting your Teachonomy Premium service, You are expressly agreeing that we are authorized to charge You an annual fee at the then current rate, and any other charges You may incur in connection with your use of Teachonomy Premium service. Please note that prices and charges are subject to change with notice. As used in these Terms of Service, “billing” shall indicate either a charge or debit, as applicable, to your account. The fee will be billed at the beginning of the paying portion of your membership. Service fees and charges are fully earned upon payment. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our customers. The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle You to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. We may change the fees and charges in effect, or add new fees and charges from time to time; we will give You advance notice of these changes by email.
Teachonomy Premium service will continue unless and until You cancel your service or we terminate it. You must cancel your service before it renews for the next applicable period in order to avoid billing of the next year’s fees to your payment method. We will bill the fee to the payment method You provide to us during registration (or to a different payment method if You change your account information).
You may cancel the Teachonomy Premium service at any time. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-YEAR SERVICE PERIODS. To cancel, in settings click change plan or simply email us at [email protected]
8. Modifications to Service
Teachonomy reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Teachonomy Services (or any part thereof) with or without notice. You agree that Teachonomy shall not be liable to You or to any third party for any modification, suspension or discontinuance of Teachonomy Services. Teachonomy will not suspend or discontinue Teachonomy Premium Service prior to the completion of the term of any paid portion of an applicable agreement to provide Teachonomy Premium service.
9. Termination of Teachonomy Basic
You may discontinue your use of Teachonomy Basic service at any time. You agree that Teachonomy may at any time and for any reason, including a period of account inactivity, terminate your access to Teachonomy Basic service or suspend or terminate your account. In the event of termination, your account will be disabled and You may not be granted access to Teachonomy Services, your account or any files or other content contained in your account. Sections of these Terms of Service relating to Termination, Indemnity, Disclaimer of Warranties, Limitations of Liability, Exclusions and Limitations and those relating to choice of law, severability and statute of limitations shall survive expiration or termination.
10. General Practices regarding Use and Storage
You agree that Teachonomy has no responsibility or liability for the deletion or failure to store any content and other communications maintained or transmitted by Teachonomy Services. For the Teachonomy Premium service, we retain regular database backups which allow us to restore the application database if content or other communications are temporarily lost.
You acknowledge that Teachonomy may have set no fixed upper limit on the number of transmissions You may send or receive through Teachonomy Services or the amount of storage space used; however, we retain the right, at our sole discretion, to create limits at any time with or without notice.
Upon the termination of your use of Teachonomy Services, including upon receipt of a certificate or other legal document confirming your death, Teachonomy will close your account and You will no longer be able to retrieve content contained in that account.
11. Teachonomy Proprietary Rights
You acknowledge and agree that Teachonomy Services and any necessary software used in connection with Teachonomy Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties.
Except as expressly authorized in writing by Teachonomy, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on any Software that is protected by Teachonomy intellectual property rights.
Subject to these Terms of Service, Teachonomy grants You a personal, non-transferable and non-exclusive right and license to use the object code of its Software; provided that You do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software, unless such activity has been expressly authorized by Teachonomy in writing. You agree not to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to Teachonomy Services. You agree not to access Teachonomy Services by any means other than through the interface that is provided by Teachonomy for use in accessing Teachonomy Services except as specifically authorized in a separate written agreement.
Except as expressly authorized by Teachonomy in writing, you agree not to use, copy, imitate, or incorporate any trademark, service mark, trade dress, company name, or product name in a way that is likely to cause confusion among consumers. You also agree not to remove, obscure, or alter Teachonomy’s or any third party’s copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Teachonomy Services or Software.
12. Non-Commercial Use
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of Teachonomy Services, use of Teachonomy Services, or access to Teachonomy Services except as otherwise expressly provided in these Terms of Service or as specifically authorized in a separate written agreement.
Teachonomy Services may provide, or Teachonomy Services account holders or third parties may provide, links to other World Wide Web sites or resources. Teachonomy has no control over such sites and resources and You acknowledge and agree that Teachonomy is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Teachonomy 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 use of or reliance on any such goods or services available on or through any such site or resource.
You agree to hold harmless and indemnify Teachonomy and its parent(s), subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively “Teachonomy and Partners”) from and against any third party claim arising from your direct and intentional use of Teachonomy Services, violation of the terms or any other actions connected with use of Teachonomy Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Teachonomy will provide You with written notice of such claim, suit or action.
Teachonomy agrees to hold harmless and indemnify You from and against any third party claim arising from negligence or willful misconduct of Teachonomy, violation of the Terms of Service or any other actions connected with Teachonomy Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, You will provide Teachonomy with written notice of such claim, suit or action.
15. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF TEACHONOMY SERVICES IS AT YOUR SOLE RISK. TEACHONOMY SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TEACHONOMY AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- TEACHONOMY AND PARTNERS DO NOT WARRANT THAT (i) TEACHONOMY SERVICES WILL MEET YOUR REQUIREMENTS, (ii) TEACHONOMY SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF TEACHONOMY SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH TEACHONOMY SERVICES WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF TEACHONOMY SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TEACHONOMY OR THROUGH OR FROM TEACHONOMY SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
16. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TEACHONOMY AND PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TEACHONOMY OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE TEACHONOMY SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM TEACHONOMY SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON TEACHONOMY SERVICES; OR (v) ANY OTHER MATTER RELATING TO TEACHONOMY SERVICES.
17. Exclusions and Limitations
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED.
18. General Provisions
These Terms of Service (including any policies, guidelines or amendments that may be presented to your from time to time such as Program Policies and Legal Notices) constitute the entire agreement between You and Teachonomy and govern your use of Teachonomy Services, superseding any prior agreements between You and Teachonomy for the use of Teachonomy Services. You also may be subject to additional terms and conditions that may apply when You use or purchase certain other Teachonomy Services, affiliate services, third-party content or third party software.
Choice of Law and Forum
These Terms of Service and the relationship between You and Teachonomy shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions except when the Teachonomy Premium service is purchased by a public entity that is bound by the choice of law and forum of their home state.
Waiver and Severability of Terms
The failure of Teachonomy to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Teachonomy Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in these Terms of Service, there shall be no third party beneficiaries to these Terms of Service.
You agree that Teachonomy may provide You with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on Teachonomy Services. The section headings in these Terms of Service are for convenience only and have no legal or contractual effect.