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TERMS OF USE

Elementary Technology Curriculum by Brittany Washburn

Effective Date: December 16, 2017

TERMS OF USE

These Terms of Use (“Terms”) govern your access to and use of the Elementary Technology Curriculum by Brittany Washburn Website (as defined below), and the Products (as defined below). In addition, these Terms govern all purchases made through the Services (as defined below). In addition to these Terms, your access to and use of the Services are governed by the Elementary Technology Curriculum by Brittany Washburn Privacy Policy, which can be found at https://www.k5technologycurriculum.com (the “Privacy Policy”), and which is incorporated into these Terms by reference. Please read them carefully. These Terms constitute a binding agreement between you and Elementary Technology Curriculum by Brittany Washburn, Inc. (“Elementary Technology Curriculum by Brittany Washburn,” “we” or “us”). BY ACCESSING OR USING THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT ACCEPT THESE TERMS, YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.

Elementary Technology Curriculum by Brittany Washburn reserves the right to revise these Terms at any time, at its sole discretion and with or without notice, by posting an updated version to https://www.k5technologycurriculum.com. You should visit this page periodically to review the most current Terms. By continuing to access or use the Services after updated terms have been posted, you agree to be bound by the updated Terms. Certain portions of the Services or Products may have additional terms and conditions and may require you to agree to such terms and conditions.

DEFINITIONS

  •  “Content” means all content contained in the Website, including all text, images, audio content, videos, designs, graphics, information, logos, downloadable content, software, and any other content contained therein and all patents, copyrights, trademarks, service marks, intellectual property and/or other proprietary information of Elementary Technology Curriculum by Brittany Washburn.
  • Product(s)” means any products purchased from Elementary Technology Curriculum by Brittany Washburn or through the Elementary Technology Curriculum by Brittany Washburn Website or TeachersPayTeachers.
  • Services” means the all services provided by Elementary Technology Curriculum by Brittany Washburn through the Website and the Products.
  • Elementary Technology Curriculum by Brittany Washburn Website” or “Website” means any websites, web pages, and any subpages under Elementary Technology Curriculum by Brittany Washburn’s control, whether partial or otherwise, including www.k5technologycurriculum.com and any subpages.
  • User,” “you,” and “your,” means you and all individuals and/or entities on whose behalf you are accessing or using the Services for any reason.

ELIGIBILITY

By accessing or using the Services, you represent and warrant to Elementary Technology Curriculum by Brittany Washburn that (i) you are of legal age to form a binding contract, or, if you are a minor, you have your parent’s permission to access or use the Services, and your parent has read and agrees to these Terms on your behalf; (ii) all information you provide is accurate, current and complete; (iii) you will maintain the accuracy and completeness of such information; and (iv) if you are accepting these on behalf of an institution, school, company or other legal entity, you have the authority to bind that institution, school, company or legal entity to these Terms. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. These Terms are void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

CHILDREN AND OUR SERVICES

While our Products are aimed to be used by children of varying ages, some of our Services (including the Website and any Accounts, as defined below) are intended to be used only by parents, legal guardians and/or teachers over the age of 18.

In order to access certain features of the Services and to post any User Content (as defined below) on or through the Services, a parent, legal guardian or teacher must register to create an account (“Account”) on the Website. By creating an Account, you represent and warrant that you are at least 18 years of age. Elementary Technology Curriculum by Brittany Washburn reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. It is your responsibility not to disclose your Account credentials to anyone. You will immediately notify Elementary Technology Curriculum by Brittany Washburn of any unauthorized use of your Account.

In accordance with Federal Children’s Online Privacy Protection Act of 1998 (COPPA), we will never knowingly solicit, nor will we accept, personally identifiable information from users known to be under 13 years of age.

If a school and/or teacher (the “Educational Institution”) with students that are under 18 years of age uses our Services and provides us with personally identifiable information about its students in order to create user profiles for each of its students, such teacher must first obtain written consent from each student’s parent and/or legal guardian to submit such personally identifiable information to us and use such personally identifiable information in the Services. We use that information to provide the Services to the Educational Institution, consistent with our Privacy Policy. Each Educational Institution acknowledges and agrees that it will not use the Services in any way to collect personally identifiable information from users known to be under 13 years of age.

Each Educational Institution shall also indemnify and hold Elementary Technology Curriculum by Brittany Washburn harmless from any and all claims that arise from (i) failure to use our Services as intended or (ii) failure to comply with the Child Online Privacy Protection Act of 1998 (COPPA), the Family Educational Rights and Privacy Act (FERPA) or any applicable law.

USAGE

You agree and warrant that you will not use the Services in a manner that is illegal or otherwise inconsistent with the Terms. In addition, you will not use the Services in a manner that Elementary Technology Curriculum by Brittany Washburn, in its sole discretion, deems objectionable. Elementary Technology Curriculum by Brittany Washburn reserves the right to restrict, suspend, or terminate your access to the Services at any time without notice for any reason. You agree that you will only access the Services through the Website or the Apps. You agree not to do any of the following:

  • attempt to decipher, decompile, disassemble or reverse engineer or otherwise hack the Services or any software used to provide the Services;
  • attempt to breach any security or authentication measures of the Services;
  • avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Elementary Technology Curriculum by Brittany Washburn or any other third party to protect the Services or the Content;
  • use the Services or the Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
  • take any actions that damage or tamper with the Services;
  • interfere or attempt to interfere with other users’ use of the Services;
  • impersonate or misrepresent your affiliation with any person;
  • violate any applicable law of regulation; or
  • encourage or enable any other individual to do any of the foregoing.

Elementary Technology Curriculum by Brittany Washburn will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Elementary Technology Curriculum by Brittany Washburn may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Elementary Technology Curriculum by Brittany Washburn has no obligation to monitor your access to or use of the Services or the Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Elementary Technology Curriculum by Brittany Washburn reserves the right, at any time and without prior notice, to remove or disable access to the Services or any Content, that Elementary Technology Curriculum by Brittany Washburn, in its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Services.

LIMITED LICENSE

Subject to your compliance with these Terms, Elementary Technology Curriculum by Brittany Washburn grants you a limited, non-exclusive, non-transferable license to access and use the Services solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Website, the Services or the Content except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Elementary Technology Curriculum by Brittany Washburn or its licensors, except for the licenses and rights expressly granted in these.

While under no obligation to do so, we do attempt to respond to questions and comments submitted to us via e-mail that are not published on the Website. Although we value our Users’ feedback, please do not submit any proprietary information, suggestions or materials via e-mail or our website. We are not obligated to compensate you for such submissions, which will become the property of Elementary Technology Curriculum by Brittany Washburn. By submitting such materials, you release your proprietary, intellectual property and all other rights.

PURCHASES THROUGH WEBSITE OR THE APPS

  1. Delivery. Elementary Technology Curriculum by Brittany Washburn shall deliver the Elementary Technology Curriculum by Brittany Washburn Products once purchased to the place of delivery designated by you. If you choose to request any type of express or expedited courier or shipping services, you shall be responsible for all additional shipping fees. International orders may also involve customs, import duties or other charges which vary from country to country. You are solely responsible for any such additional charges. In addition, it is your responsibility to check with your local customs office to verify whether the country to which you are shipping permits the shipment of Products to you.
  2. Pricing. Except where otherwise noted, the list price displayed for any Product represents the full price, less any applicable sales or tax, of the product, less any applicable sales or other taxes or other charges. Despite our best efforts, a small number of items in our catalog may be mispriced and, in the event of a mispricing, Elementary Technology Curriculum by Brittany Washburn reserves the right to charge the correct price.
  3. Refunds and Exchanges. Due to the nature of digital downloads, all sales are final after the purchaser has downloaded their purchased product.
  4. Affiliations. Elementary Technology Curriculum by Brittany Washburn is not related to or affiliated with Apple, Inc. or Google, Inc.

INTELLECTUAL PROPERTY

The Services are protected under patent, copyright, trademark, and/or other laws of the United States and foreign countries. The Services and all Content are the property of Elementary Technology Curriculum by Brittany Washburn or its licensors. The compilation, collection, arrangement, or assembly of all Content is the exclusive property of Elementary Technology Curriculum by Brittany Washburn and is protected as well. Any code or software code that Elementary Technology Curriculum by Brittany Washburn creates, generates or displays in the Services are also protected and you may not copy or adapt such code.

You may not modify, publish, transmit, create derivative works, or in any way exploit any of the Content of the Website. Except as otherwise expressly permitted under copyright law, no copying, redistribution, publication or commercial exploitation of downloaded material from the Website is permitted without express written permission from Elementary Technology Curriculum by Brittany Washburn and any other copyright owner.

If any copying, redistribution or publication of copyrighted material is expressly permitted, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You shall be liable for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, downloading or submission. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Elementary Technology Curriculum by Brittany Washburn without Elementary Technology Curriculum by Brittany Washburn’s express written consent. You may not use any meta tags or any other “hidden text” utilizing Elementary Technology Curriculum by Brittany Washburn’s name or trademarks without the express written consent of Elementary Technology Curriculum by Brittany Washburn.

DISCLAIMER OF WARRANTY

ELEMENTARY TECHNOLOGY CURRICULUM BY BRITTANY WASHBURN MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES OR ANY PRODUCT WILL MEET YOUR REQUIREMENTS OR OPERATE OR BE AVIALABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS OR THAT THE SERVICES OR ANY SERVERS USED BY THE SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY WEBSITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, YOU ARE SOLELY RESPONSIBLE FOR SUCH COSTS AND ELEMENTARY TECHNOLOGY CURRICULUM BY BRITTANY WASHBURN SHALL NOT BE LIABLE FOR SUCH COSTS. THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ELEMENTARY TECHNOLOGY CURRICULUM BY BRITTANY WASHBURN MAKES NO REPRESENTATION OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT ON THE SERVICES OR WITH REGARD TO THE PRODUCTS.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE ENTIRE RISK OF USING THE SERVICES REMAINS WITH YOU AND IN NO EVENT SHALL ELEMENTARY TECHNOLOGY CURRICULUM BY BRITTANY WASHBURN BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST PROFITS, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES OR THE PRODUCTS, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ELEMENTARY TECHNOLOGY CURRICULUM BY BRITTANY WASHBURN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL ELEMENTARY TECHNOLOGY CURRICULUM BY BRITTANY WASHBURN’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR PRODUCTS EXCEED THE AMOUNTS YOU HAVE PAID TO ELEMENTARY TECHNOLOGY CURRICULUM BY BRITTANY WASHBURN FOR USE OF THE SERVICES AND THE AMOUNTS YOU PAID FOR THE PRODUCTS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ELEMENTARY TECHNOLOGY CURRICULUM BY BRITTANY WASHBURN AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

INDEMNITY

You agree to defend, indemnify, and hold harmless Elementary Technology Curriculum by Brittany Washburn, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, suits, proceedings actions, demands, liabilities, damages, losses or expenses, including without limitation reasonable legal and accounting fees, arising out of, resulting from or related to (i) your use of the Services or (ii) your breach of these Terms, including your representations and warranties herein.

TERM AND TERMINATION

These Terms (as updated) will remain in full force and effect for so long as you access or use the Services. Elementary Technology Curriculum by Brittany Washburn reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to suspending, disabling or terminating your access to and ability to use the Services and/or any other services provided to you by Elementary Technology Curriculum by Brittany Washburn, upon any breach by you of these Terms or any impermissible use or access of the Services or for any other reason in the sole discretion of Elementary Technology Curriculum by Brittany Washburn. The provisions of these Terms will remain in effect even after you cease using the Services.

MISCELLANEOUS

  1. Privacy. See the Privacy Policy or information and notices concerning Elementary Technology Curriculum by Brittany Washburn’s collection and use of your personal information.
  2. Third-Party Websites and Content. The Services may contain links to third-party websites, advertisers, services or resources that are not owned or controlled by Elementary Technology Curriculum by Brittany Washburn. Any such links are provided solely as a convenience and not as an endorsement by Elementary Technology Curriculum by Brittany Washburn of the contents on such third-party websites. You acknowledge and agree that Elementary Technology Curriculum by Brittany Washburn is not responsible for the content of linked third-party websites and does not make any representations or warranties regarding the content or accuracy of materials on such third-party website or the security thereof. If you access any linked third-party websites, you do so at your own risk. You agree that Elementary Technology Curriculum by Brittany Washburn shall not be liable for any loss of damage of any sort relating to your dealings with third parties.
  3. Commercial Use. You agree not to make any unauthorized commercial use of the Services.
  4. Access Outside the United States. Elementary Technology Curriculum by Brittany Washburn makes no claims that the Services may be lawfully viewed, downloaded, used or accessed outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access Services, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
  5. Additional Terms. If you purchase and/or use the Elementary Technology Curriculum by Brittany Washburn or any Elementary Technology Curriculum by Brittany Washburn Product, additional terms apply and can be found here. Certain areas of the App may be subject to additional Terms. By using such areas, or any part thereof, you agree to be bound by the additional Terms applicable to such areas.
  6. Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, Elementary Technology Curriculum by Brittany Washburn’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect Elementary Technology Curriculum by Brittany Washburn’s ability to enforce such term at any point in the future.
  7. Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without Elementary Technology Curriculum by Brittany Washburn’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. Elementary Technology Curriculum by Brittany Washburn may assign or transfer these Terms, in its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
  8. Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Elementary Technology Curriculum by Brittany Washburn and you regarding the Services and the Products, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Elementary Technology Curriculum by Brittany Washburn and you regarding the Services and the Products.

If there are any questions regarding Elementary Technology Curriculum by Brittany Washburn or these Terms, please contact Elementary Technology Curriculum by Brittany Washburn at:

Elementary Technology Curriculum by Brittany Washburn, Inc.

Effective Date: December 16, 2017

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