Teacher's Curriculum Institute

Unless otherwise indicated, this Web site and its contents are the property of Teachers' Curriculum Institute, and are protected, without limitations, pursuant to U.S. and foreign copyright and trademark laws. By visiting this Web site, you agree to be bound by all of the following terms and conditions. If you do not agree to these terms and conditions, please cancel this transaction and do not use this Web site.

You are authorized to download one copy of the material on this Web site on one computer for your personal, non-commercial use only. In doing so, you may not remove or in any way alter any trademark, copyright, or other proprietary notice. Except as allowed in the preceding sentence, you may not modify, copy, distribute, republish, commercially exploit, or upload any of the material on the Web site without the prior written consent of Teachers' Curriculum Institute. No intellectual property or other rights in and to this Web site or its contents, other than the limited right to use set forth above, are transferred to you.

You further agree not to disseminate, store or transmit viruses, Trojan horses or any other malicious code or program or engage in any other activity deemed by Teachers' Curriculum Institute to be in conflict with the spirit or intent of this Terms of Use Policy. You agree to use the Web site only for lawful purposes.

TEACHERS' CURRICULUM INSTITUTE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEB SITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS." TEACHERS' CURRICULUM INSTITUTE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEB SITE AND ANY WEB SITE WITH WHICH IT IS LINKED. TEACHERS' CURRICULUM INSTITUTE ALSO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS WEB SITE, OR ANY WEB SITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT.

It is your responsibility to evaluate the accuracy and completeness of all information, opinions, and other material on this Web site or any Web site with which it is linked. Price information is subject to change without notice.

To the fullest extent permitted by applicable laws, Teachers' Curriculum Institute and its employees, agents, suppliers, and contractors shall in no event be liable for any claims, charges, and contractors' damages, liabilities, losses, and expenses of whatever nature and howsoever arising, including, without limitation any compensatory, incidental, direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind of character, even if Teachers' Curriculum Institute has been advised of the possibility of such damages or losses, arising out of or in connection with the use of this Web site, or any Web site with which it is linked. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary.

To the extent that portions of this Web site (such as "discussion groups" or "blogs") provide users an opportunity to post and exchange information, ideas and opinions (postings), BE ADVISED THAT TEACHERS' CURRICULUM INSTITUTE HAS NO OBLIGATION TO SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO THEIR APPEARANCE ON THIS WEB SITE, and postings do not necessarily reflect the views of Teachers' Curriculum Institute. To the fullest extent permitted by applicable law, Teachers' Curriculum Institute shall in no event have any responsibility or liability for the postings or for any claims, damages, or losses resulting from their use and/or appearance on this Site.

Teachers' Curriculum Institute reserves the right to monitor all postings and to remove any which it considers in its absolute discretion to be offensive or otherwise in breach of these terms and conditions.

You hereby represent and warrant that you have all necessary rights in and to all postings you provide and all material they contain; that your postings shall not infringe any proprietary or other rights of third parties; that your Postings shall not contain any viruses or other contaminating or destructive devices or features; that your Postings shall not contain any defamatory, indecent, offensive, tortuous, or otherwise unlawful material or content; and that your Postings shall not be used to carry out or solicit any unlawful activity and/or be used to make commercial solicitations. You hereby authorize Teachers' Curriculum Institute to use and/or authorize others to use all or part of your postings in any manner, format, or medium that Teachers' Curriculum Institute or such other parties see fit. You shall have no claim or other recourse against Teachers' Curriculum Institute for infringement of any proprietary right in postings.

You agree NOT to use this Web site to:

1. upload, post, or transmit any content for purposes of political campaigning or commercial solicitation or that is unlawful, threatens another person or entity, defamatory, vulgar, obscene, libelous, invades the privacy of another, or otherwise objectionable;
2. impersonate another user of this Web site including an employee of Teachers' Curriculum Institute;
3. intentionally or unintentionally violate any local, state, or federal law;
4. upload, post or transmit any software of files that contain software viruses or other harmful computer code;
5. interfere with the operation of Teachers' Curriculum Institute's web servers or other computers or Internet or network connections;
6. upload, post, or transmit any information, pictures, graphics or other content that violates the copyright, patent, trademark, or trade secret rights of another party;
7. upload, post or transmit any unsolicited or unauthorized advertising, including spam; or
8. alter, damage or delete any content or other communications that is not your own or otherwise interfere with the ability of others to access this Site
9. post or transmit through this Web site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profanity, hateful, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

If Teachers' Curriculum Institute is notified of any of the above violations, Teachers' Curriculum Institute may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content and terminate your use of the Web site. Teachers' Curriculum Institute may disclose any content or electronic communication of any kind: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Web site; or (iii) to protect the rights or property of Teachers' Curriculum Institute. Teachers' Curriculum Institute reserves the right to prohibit conduct, communication, or content that it deems in its sole discretion to be harmful to individual users, or any rights of Teachers' Curriculum Institute. Teachers' Curriculum Institute shall not assume liability for any action or inaction with respect to any conduct, communication, or content on the Site.

Teachers' Curriculum Institute recognizes the importance of protecting the privacy of Personal Identifying Information about you as a user of our Web site. We consider the following to be Personal Identifying Information: your name, address, phone number, date of birth, job, personal interests, and credit card information. This Web site does not collect Personal Identifying Information about a user, except for information that is voluntarily provided to our Company so that we can serve the user's needs and our legitimate business purposes. (For example, when the user sends us a message or makes an online purchase, we need to retain certain Personal Identifying Information on the Web site in order to respond). A user's Personal Identifying Information may be used by our company to help us improve the Web site, and also for our company's marketing and promotional purposes. It will be treated confidentially within our company. Our policy is not to share this information with third parties.

Users should be reminded that any Personal Identifying Information that is voluntarily posted by a user to a public area of this Web site (for example, a posting to a bulletin board or blog) may always be collected and used by others. We cannot prevent such uses.

We have no intention of seeking Personal Identifying Information about minors who visit this Web site. The same privacy policies will apply to that information. In addition, if we can identify a user as a minor, the Personal Identifying Information will not be used for further marketing and promotion. We encourage you to ask your children to seek your permission before providing information about themselves or their family over the Internet.

Ask your parent or guardian for permission before you send any personal information over the Internet.

Our privacy policies are under frequent review.

Acceptance of Subscription Terms: Teachers' Curriculum Institute's ("TCI") willingness to offer online subscriptions ("Subscriptions") that permit access to its online educational materials and content ("Content") is expressly conditioned on your acceptance of the terms set forth herein. You shall be deemed to have accepted these terms by either: (i) placing an order for the Subscriptions or any other item set forth in this catalog, (ii) submitting payment for the Subscriptions or any other items set forth in this catalog, (iii) activating the Subscriptions by using the activation codes sent to you or (iv) distributing the activation codes to any teachers, students or other end users who will use the Subscriptions. These terms supersede all prior understandings, assurances, orders and offers, whether written or oral, and shall exclusively govern the relationship between you and TCI in regard to the Subscriptions. Any amendments or additional terms must be agreed to by TCI in writing.

Subscription Delivery: For each TeachTCI and LearnTCI Subscription, you will receive a unique activation code. Activation codes will be emailed to the person submitting payment unless you notify TCI of the contact name and email address to whom TCI should send the activation codes.

Online Subscription Rates and Terms: Subscriptions to begin on the date that activation codes are emailed or sent. Subscriptions can be purchased for a minimum of six years. Subscriptions expire October 1st of the year following the end of the term specified in the invoice sent by TCI or in the email with which the activation codes are sent. Subscriptions can only be assigned to one user at a time; they cannot be shared. Upon expiration of a Subscription the applicable activation codes will be deactivated and access will be blocked.

Online Subscription Renewals: Subscriptions will not automatically renew. Customers will receive a renewal notice 6 months prior to expiration of Subscriptions. To renew Subscriptions, customers must notify TCI of their intent to renew at least 3 months prior to expiration of the Subscription. Following receipt of a renewal notice from a customer, TCI will submit an invoice to such customer for the renewal term and payment must be received by TCI prior to renewal of the Subscription.

Modification of Content: TCI reserves the right to modify the Content at any time during the term of any Subscription for any reason whatsoever, including, without limitation, updating, correcting or general design modifications.

Disclaimers: THE CONTENT IS PROVIDED AS-IS WITHOUT WARRANTIES OF ANY KIND. TCI specifically disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement of third party rights. It is your responsibility to evaluate the accuracy and completeness of all information, opinions and other material contained in the Content. TCI does not warrant the Subscriptions will be error-free and uninterrupted. You acknowledge that you are solely responsible for any interruptions resulting from your computer system, software and connection to the internet.

Limited Remedies, Damages Exclusion: TCI's total, cumulative liability arising from or in connection with the Subscriptions or any product or service provided hereunder will be limited to the lesser of (i) the fee paid by you for the item or service that caused such loss and (b) $1,000. In no event will TCI be liable for incidental, consequential, indirect, special, or punitive damages or lost revenue, data or profits, arising from or in connection with the Subscriptions or any product or service provided hereunder.

Security and Notification of Unauthorized Use: You agree to maintain reasonable security measures to protect against unauthorized users gaining access to the activation codes. You will promptly notify TCI if you become aware of any unauthorized use of the Subscriptions or Content or violation or threatened violation of TCI's intellectual property rights therein. You agree to cooperate with TCI and render such assistance as TCI may reasonably request to identify, halt and/or prevent any violation of such rights.

Prices and Taxes: All Prices in this catalog (including Subscription prices) are effective January 1, 2010, and are subject to change without notice. All orders must be accompanied by a form of payment. TCI accepts district and school purchase orders, for which payment terms are net 30 from invoice date. Individual orders must be prepaid by check, money order, or credit card. Sales tax will be applied as appropriate to CA, FL, IL, IN, KY, MA, MI, NC, NY, OH, PA, TN, TX, VA and WA orders, unless TCI has received a current copy of your tax exemption certificate.

Individual Orders: It is illegal to extend a district's exemption status to an individual paying by personal credit card or check, even if the purchase is made for the benefit of the school. In addition, certain materials–Teacher Resources, Lesson Guides, Lesson Masters, and TeachTCI subscriptions–are only available for purchase by teachers, schools, and districts to prevent students from ordering teacher materials.

Returns and Exchanges: For print items, you may return or exchange any purchased, unused product in saleable condition within 60 days of the invoice date of your order. Contact Customer Service for an authorization number and assistance. Please have your invoice number and date available when you call. If you wish to exchange an item, TCI must receive payment for shipping and any difference in price before processing the order. TCI cannot accept the following for returns or exchanges: bent, torn, soiled, marked, or stamped items; opened shrink-wrapped items; items damaged due to insufficient packaging when returned; products received at events or conferences, or Subscriptions or other software products.

Refunds and Credits: TCI will refund the amount for returned item(s) within 30 days of receiving the return. If you paid by credit card, your account will be credited. All other refunds will be made by check. You may request to have a credit placed on your account for returned items.

Shipping: TCI ships all non-Subscription items for regular domestic orders at the current rate of 9% of the order subtotal or $5.00 minimum. All orders ship FOB shipping point. All orders to Alaska and Hawaii are shipped by 2-day air service at the current rate of 13% of the order subtotal or $10.00 minimum. TCI requires two days to process all orders, in addition to the time in shipment. Delivery dates are not guaranteed. TCI cannot ship to P.O. Box addresses, including APO and FPO addresses. Contact Customer Service for international shipping options. There is no shipping charge for the delivery of Subscriptions.