Company Name: The Together Teacher
Effective Date: May 22, 2012
The Together Teacher Terms of Service
THIS AGREEMENT SETS FORTH THE TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://THETOGETHERTEACHER.COM (THE “SITE”) AND THE SERVICES OFFERED BY THE BRASS TACKS, LLC dba TOGETHER TEACHER. (“THE TOGETHER TEACHER” AND COLLECTIVELY WITH THE SITE, THE “SERVICE”). BY USING THE SITE OR SERVICE YOU AGREE TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT APPLIES TO ALL USERS OF THE SITE OR SERVICE.
Acceptance of Terms.
The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein (the “Terms of Service”), which terms also incorporates The Together Teacher’s e1c.5c6.mwp.accessdomain.com and all other operating rules, policies and procedures that may be published from time to time on the Site by The Together Teacher, each of which is incorporated by reference and each of which may be updated by The Together Teacher from time to time with notice to you (the “Policies”). In addition, some services offered through the Service may be subject to additional terms and conditions of The Together Teacher from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
The Together Teacher is a consulting Site geared towards training teachers, principals, corporate and non-profit managers on simple beliefs, basic skills, concrete tools, and consistent habits that help you define what matters, keep it all together, and get it all done. The Site and all information contained herein and through any of The Together Teacher’s Services is intended for educational purposes only.
When you visit this site, send emails to The Together Teacher or request information via email or other mobile device, you are communicating with us electronically and consenting to receive communications electronically. This consent also includes receiving Notices posted to this Service electronically.
Subject to these Policies, The Together Teacher may offer to provide the Services, as described more fully on the Site, and which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services The Together Teacher performs for you authorized by The Together Teacher, as well as the offering of any materials displayed or performed on or through the Site or the Services (including Content (as defined below)).
The Service is available only to individuals who are at least 18 years old. You represent and warrant that you are of legal age to form a binding contract, and that all information you submit is accurate and truthful. The Together Teacher may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
Modification of Terms of Service.
The Together Teacher reserves the right, at its sole discretion, to modify or replace any of the Terms of Service at any time by posting a notice on the Site or by sending you an email. The Together Teacher reserves the right, at its sole discretion to modify, replace, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time with or without notice to you. The Together Teacher may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Service periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Service constitutes acceptance of those changes.
Rules and Conduct.
As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Service. The Service (including, without limitation, any Content (as defined below)) is provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Service. For purposes of the Terms of Service, the term “Content” includes, without limitation, any videos, illustrations, animations, graphics, photographs, other visuals, audio, information, data, text, software, scripts, and interactive features generated, provided, or otherwise made accessible by The Together Teacher or its partners on or through the Service.
You shall not, as determined in The Together Teacher’s sole discretion: (i) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (ii) bypass any measures The Together Teacher may use to prevent or restrict access to the Service; (iii) share or otherwise allow another’s access to your Account, or share the materials downloaded from the Site; or (iv) use manual or automated software, devices, or other processes to “scrub,” “crawl” or “spider” any page of the Site.
You shall not in any way: (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
The Together Teacher does not guarantee that any Content will be made available on the Site or through the Service. The Together Teacher has no obligation to monitor the Site, Service or Content.
The Together Teacher, in its discretion, reserves the right to remove, edit or modify any Content from the Site or Service at any time, without notice to you and for any reason, or for no reason at all.
As a condition to using certain aspects of the Service, you are required to signup to The Together Teacher and to provide The Together Teacher with accurate, truthful, and complete information (including, but not limited to your name and e-mail address) and to keep your registration information accurate and up-to-date.
You shall not provide any false personal information to The Together Teacher or signup for anyone other than yourself.
The Together Teacher reserves the right to refuse a signup in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your The Together Teacher password. You shall never use another user’s account nor are you permitted to allow another to access your account. You will immediately notify The Together Teacher in writing of any unauthorized use of your account, or other account related security breach of which you are aware. Any unauthorized use of an account is a violation of these Terms of Service and will result in the suspension of that account.
Third Party Sites and Services.
The Service or Site may link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under The Together Teacher’s control, and you acknowledge that The Together Teacher is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by The Together Teacher or any association with its operators. You further acknowledge and agree that The Together Teacher 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 website or resource.
Content and License.
You agree that the Service contains Content specifically provided by The Together Teacher and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service. Specifically, The Together Teacher, Brass Tacksand its logo is a trademark of Brass Tacks LLC dba The Together Teacher as well as the text, graphics, website design, software, functionality, etc. is subject to copyright protection by Brass Tacks, LLC dba The Together Teacher.
The Together Teacher grants each user of the Site and/or Service a limited, non-exclusive, non-sublicensable and non-transferable license to use the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from The Together Teacher. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
The Together Teacher may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your registration. If you wish to terminate your subscription, you may do so by following the instructions on the Site and/or Newsletter Service.
The Together Teacher has no special relationship with or fiduciary duty to you. The Together Teacher has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release The Together Teacher from all liability for you having acquired or not acquired Content through the Site. While we try to tailor third party content to our audience, the Site may contain, or direct you to websites containing information that some people may find offensive or inappropriate. The Together Teacher makes no representations concerning any Content contained in or accessed through the Site, and The Together Teacher will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service.
THE TOGETHER TEACHER DOES NOT WARRANT OR GUARANTEE ANY RESULTS FOR ANY ASPECTS OF YOUR PROFESSIONAL OR PERSONAL LIFE, FOR WHICH YOU USE THE WORKSHOP AND/OR COACHING MATERIAL AVAILABLE ON THE SITE. THERE IS NO IMPLIED SUCCESS IN UTILIZING THE SERVICES OF THE TOGETHER TEACHER AND THE TOGETHER TEACHER WILL NOT BE HELD LIABLE FOR ANY RESULT FOR WHICH YOU USE THE MATERIAL.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE TOGETHER TEACHER, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE: THE TOGETHER TEACHER TAKES EVERY MEASURE TO ENSURE THE SECURITY OF THE SERVICES, BUT GIVEN THE NATURE OF THE INTERNET, MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED OR STORED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE.
You shall defend, indemnify, and hold harmless The Together Teacher, its affiliates and each of its affiliate’s employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Site, Service, Content, your violation of the Terms of Service, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. The Together Teacher reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with The Together Teacher in asserting any available defenses.
Limitation of Liability.
IN NO EVENT SHALL THE TOGETHER TEACHER, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE: (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING); (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) USER’S PAYMENTS FOR THE SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
A printed version of the Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The Terms of Service shall be enforced, governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules, and the United States of America. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Eastern District of New York or state courts located in New York, New York.
Integration and Severability.
The Policies are the entire agreement between you and The Together Teacher with respect to the Service and use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and The Together Teacher with respect to the Site. If any provision of the Policies is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Policies will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Assignments and Transfers.
The Policies are personal to you, and are not assignable, transferable or sublicensable by you except with The Together Teacher’s prior written consent. The Together Teacher may assign, transfer or delegate any of its rights and obligations hereunder without consent.
Non-creation of Legal Relationship.
No agency, partnership, joint venture, or employment relationship is created as a result of the Policies and neither party has any authority of any kind to bind the other in any respect.
All notices under the Policies will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
The Together Teacher shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond The Together Teacher’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference).
If you feel any material is infringing on your Copyright, please contact firstname.lastname@example.org.
You may contact The Together Teacher at the following email address: