Terms of Use - Teaching Strategies

The following Terms of Use govern your access to and use of the website found at www.TeachingStrategies.com (the “Site”). Please read these Terms of Use carefully. By accessing or using this Site, you agree to be legally bound by these Terms of Use. If you do not agree with these Terms of Use, you are not permitted to use this Site.

This Site is owned and operated by Teaching Strategies, LLC (“Teaching Strategies”). Whenever these Terms of Use refer to “we,” “our,” “us” or “www.teachingstrategies.com,” we are referring to Teaching Strategies.

From time to time we may amend, modify, or update these Terms of Use, without prior notice, by posting the revised Terms of Use on this Site. The amended Terms of Use will be effective on the date posted. Your use of this Site subsequent to such posting will be governed by the current Terms of Use.

Posted Materials: Teaching Strategies grants you permission to use materials provided on this Site (such as documents, press releases, datasheets, and FAQs) via download (hereinafter referred to as “Materials”), subject to the following limitations: (1) Use of any and all Materials taken from the Site will be for personal and informational purposes only; (2) Under no circumstances may you use any Materials from the Site for commercial or trade purposes; (3) Materials may not be posted or otherwise made available on any network computer or broadcast in any form of media; and (4) Any and all reproductions (in any manner, electronic, or otherwise) of Materials downloaded from the Site may not be altered in any way, whether through deletion, addition, or in any other manner. Use of Materials for any other purpose and/or in any other manner is expressly prohibited, and will constitute infringement of Teaching Strategies’ copyright, among other legal violations, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Information Submitted to Our Site: If you choose to post or transmit any photographs, text, information, ideas, opinions, or other material (collectively, a “Submission”) on or through the Site, you acknowledge that you remain solely responsible for the Submission. You grant a perpetual, non-exclusive, worldwide, royalty-free license to Teaching Strategies for the reproduction, distribution, transmission, adaptation, public performance, public display, and other use of the Submission. You represent and warrant that you have obtained any and all necessary releases, consents, licenses, permissions, waivers, and/or authorizations, and that use of the Submission by Teaching Strategies will not violate the rights of any third parties. You agree that you will provide copies of such releases, consents, licenses, permissions, waivers, and/or authorizations when requested by Teaching Strategies.

Any Submissions to the Site via GOLD® will be governed by the Subscription Services Terms and Conditions.

When posting or transmitting information or otherwise using the Site, you agree that you will comply with all applicable laws, statutes, rules, and regulations. In particular, you agree that you will not:

Harass, defame, intimidate, or threaten another user;
Post personally identifiable information belonging to another person or otherwise interfere with another user’s rights to privacy;
Post any information subject to HIPAA laws;
Post images of or information about another person without his/her prior written consent or otherwise interfere with another user’s rights of publicity;
Post information or images of any child without the prior written consent of the child’s parent or guardian;
Distribute chain letters, surveys, or contests;
Post any material that is defamatory (i.e., disparaging to the reputation of an individual or business);
Post any material that is obscene or indecent;
Promote or discuss any illegal activity;
Post any trademarks, logos, or copyrightable material without the prior written authorization of the owner;
Post any materials that may damage the operation of a computer (such as a virus, worm, or Trojan horse); or
Advertise or sell any goods or services.

Intellectual Property Limitation of Liability: Teaching Strategies respects the intellectual property of others, and we ask visitors to our Site to do the same. If you believe that your work has been used in a way that constitutes copyright infringement, please provide written notification (pursuant to 17 U.S.C. § 512(c)) via mail to Teaching Strategies, LLC, ATTN: Legal Department, 80 M Street, SE, Suite 1010, Washington, DC 20003 or via email to [email protected].

To be effective, your notification must provide us with information that meets the requirements of the U.S. Copyright Act, which is summarized as follows:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
A detailed identification of the copyrighted work or works claimed to have been infringed;
Information sufficient to permit us to contact you, such as an address, telephone number, or e-mail address;
A statement that you have a good faith belief that the use of the allegedly infringing material in the manner asserted is not authorized by the copyright owner, its agent, or the law;
Your sworn statement that the information in your notification is accurate; and
Your sworn statement that you are authorized to act on behalf of the copyright owner of the allegedly infringing material.

Reprints: For reprint permission, please visit this page.

Trademarks: Copyright © 2016 by Teaching Strategies, LLC. All rights reserved. Teaching Strategies®, SmartTeachTM, The Creative Curriculum®, GOLD®, GOLDplus®, Mighty Minutes®, Mega Minutos®, tadpoles®, MindNurture®, LearningGames®, Book Discussion Cards™, Book Conversation Cards™, Intentional Teaching Cards™, and the open book/open door logo are trademarks of Teaching Strategies, LLC, Washington, DC. Other product and company names mentioned herein may be the trademarks of their respective owners.

Notice of Trade Secrets and Confidential Business Information: This Site includes compilations of information that, taken in their entirety, constitute confidential business information and trade secrets of Teaching Strategies. Specific responses to individual inquiries regarding product information, product ingredients, marketing methods and programs, and the identity of Teaching Strategies dealers are made available solely for your private, noncommercial use as a consumer. Compilations of information in these categories in their entireties, however, are trade secrets and confidential information of Teaching Strategies. Any unauthorized, commercial use of such information will be prosecuted to the fullest extent of the law.

Notice of Trademark and Trade Dress Rights: This Site includes numerous trademarks and additional distinctive properties that are protected under the trademark laws of the United States, Canada, and other jurisdictions. Specifically, the overall design and layout of the Teaching Strategies Site constitutes the exclusive trade dress of Teaching Strategies, which is protected pursuant to 15 U.S.C. §1125(a) et. seq. No logo, graphic, sound, or image from the Site may be copied or retransmitted except as provided herein.

Restricted Rights Legend: Any material that is downloaded or otherwise copied and/or reproduced in any manner from this Site for or on behalf of the United States of America, its agencies, instrumentalities, and/or employees acting in its behalf (the “United States”), is provided with Restricted Rights. Duplication, disclosure, and/or use in any other manner by the United States is subject to all restrictions stated and set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227-19, as applicable. All text, software, photographs, graphics, and other material of any and all kinds available on this Site are provided by Teaching Strategies, LLC, 80 M Street, SE, Suite 1010 Washington, DC 20003.

Waiver of Warranties and Representations: Teaching Strategies makes no representations about the suitability of the information contained in any Material published on the Teaching Strategies Site for any purpose. All Materials are provided “as is” without a warranty of any kind. Teaching Strategies disclaims all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. In no event will Teaching Strategies be liable for any special, indirect, or consequential damages or any damages whatsoever resulting from loss of use, data, or profits, whether in an action of contract, negligence, or other tortuous action, arising out of or in connection with the use or performance or information available from the Site.

Notice That Material May Be Inaccurate and May Be Changed: Material published on the Site is reviewed for accuracy, but, nonetheless, documents, graphics, and other material may include substantive and technical inaccuracies or typographical errors. Changes are periodically made, and material is periodically deleted and added to the information herein. Teaching Strategies may make, enhance, alter, improve, and/or otherwise change material posted on the Site at any time. Due to the nature of Sites, decisions should never be made based solely on Site information and without first verifying and/or otherwise corroborating information posted on the Site with other sources deemed to be reliable by you, the user.

In no event will Teaching Strategies be liable for any special, indirect, or consequential damages or any damages whatsoever resulting from loss of use, data, or profits, whether in an action of contract, negligence, or other tortuous actions, arising out of or in connection with the use or performance of software or documents, or the provision of, or failure to, provide services or information available from the Site.

Links to Third Party Sites: The Site may provide links to other third party websites operated by individuals or entities that are not affiliated with Teaching Strategies. We provide links to these third-party sites solely for the convenience of our users. You should be aware that we do not review, screen, or endorse any content, advertising, products, services, or other materials that appear on or are available from such websites. You assume full responsibility for your use of any third-party websites. You acknowledge and agree that Teaching Strategies has no responsibility or liability for the availability of such external websites or resources, or for the content, advertising, products, or other materials available through such websites or resources. Teaching Strategies will not be liable for any direct or indirect damages or losses caused by your use of such third-party websites.

Privacy: Our use of any personally identifiable information you provide through this Site is governed by our Privacy Policies found here and here.

Indemnification: You agree to defend, indemnify, and hold harmless Teaching Strategies and its officers, agents, employees, licensors, and service providers from any and all claims, liabilities, and expenses, including, without limitation, attorneys’ fees and other legal expenses, whether in tort, contract, or otherwise, relating to or arising out of any material or information that you may post or transmit on or through the Site, any breach by you of these Terms of Use or applicable law, or your violation of any rights of Teaching Strategies or a third party.

Termination: We reserve the right to terminate your access to and use of the Site at any time and without notice. We will terminate your right to use the Site if you violate any of these Terms of Use or any other policy posted on the Site, if you use the Site for fraudulent purposes, or if we become aware that you are infringing any copyright or other intellectual property right.

General: These Terms of Use shall be governed by and interpreted in accordance with the laws of the United States, including federal copyright and trademark laws, and with the laws of the state of Maryland, without regard to any principles of conflicts of law or choice of law. You agree that any action to enforce these Terms of Use will be brought in the state or federal courts located in the state of Maryland. You further agree to submit to the personal jurisdiction of these courts for the purpose of any proceeding arising out of these Terms of Use and waive any objections and defenses inconsistent with such venue.

These Terms of Use set forth the entire understanding and agreement between you and us with respect to the subject matter of these Terms of Use. Headings and captions of the sections are for reference purposes only and will not be used to interpret or construe these Terms of Use. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be stricken and the remaining provisions enforced. Notwithstanding any other provision of these Terms of Use or any general legal principles to the contrary, any provision of these Terms of Use that imposes or contemplates continuing rights or obligations on you or us will survive the expiration or termination of these Terms of Use, including, without limitation, the indemnification and limitation of liability provisions.

This Site may not be appropriate or available for use in countries other than the United States. If you choose to access the Site from any location other than the United States, you accept full responsibility for compliance with applicable local laws.

Reservation of Rights. Any rights not expressly granted herein are reserved.

Questions: Questions about these Terms of Use should be directed to [email protected].

These Terms of Use are effective as of April 1, 2017.