Subscription and Business Terms

SUBSCRIPTION TERMS

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. TeachTCI and LearnTCI 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 TeachTCI and LearnTCI begin on the date that activation codes are emailed or sent. TeachTCI and LearnTCI 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 LearnTCI Subscriptions. To renew LearnTCI 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.

Notice to School Districts, Teachers, other Purchasers and Parents. TCI collects limited information from students accessing its websites, including students’ first names, last initials, dates of birth and usernames and passwords. TCI is offering the Subscriptions based upon the presumption that you, or any other party facilitating access to the Content or TCI’s websites by students, have obtained authorization for the storage and use by TCI of such students’ information necessary to offer the Subscriptions and Content, including, without limitation, parental consent to the collection of such information by TCI. Please review the Privacy Policy available on TCI’s website for additional information regarding TCI’s use and disclosure practices.

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BUSINESS TERMS

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 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 are made by check. You many 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.