Terms Of Service

Welcome to Lessonplanshop.com

The following describes the terms on which Lessonplanshop.COM (referred to herein as " Lessonplanshop ") offer you access to our services.

1. Description of Service

Lessonplanshop is a web-based service available from the domain WWW. Lessonplanshop.COM. This service provides teachers with an on-line marketplace to buy and sell educational materials directly from and to each other, which may consist of either original digital or physical materials created by the seller ("Teaching Content"). The service provided by Lessonplanshop is referenced herein as the "Service." Lessonplanshop at no time owns or sells any product for or on behalf of teachers. Teachers who sell Teaching Content via the Service are referenced herein and in the Service as "Teacher-Sellers." Publishers who sell Teaching Content via the Service ore references as "Publisher-Sellers". Teachers who purchase Teaching Content via the Service are referenced herein and in the Service as "Teacher-Buyers." This Terms of Service/User Agreement ("Agreement") governs your access to and use of the Service, whether in the capacity of a Teacher-Seller, Publisher-Seller a Teacher-Buyer or as a visitor, including finding, buying, posting, selling, and sharing of Teaching Content, and participating in on-line forums, feedback loops, bulletin boards, wikis, and chats, which features and activities shall also be considered part of the "Service." Portions of the Lessonplanshop web service are publicly available to all visitors to the site. Other portions of the Service are available only to registered members who are Teacher-Sellers, Publisher-Sellers and/or Teacher- Buyers (collectively, "Members"). By registering with Lessonplanshop, or by using the Service in any manner, you acknowledge and agree to the terms stated in this Agreement. This Terms of Service applies to both visitors and Members.

2. The Service Is Not Intended For Children

The Service is intended for adults only. You must be 18 years or older to use this site. You may ouse this Service (including as a Teacher-Seller, Publisher-Seller or Teacher-Buyer) if you are domiciled in the United States or Internationally. Digital sales are International. Physical item sales are for US and Canadian addresses only. For physical products, if you are shipping any Teaching Content or other materials to a non-U.S. address, you are not authorized to use this Service, and Lessonplanshop expressly disclaims any representations or warranties, whether express or implied, with respect to or in connection with any transactions between or otherwise involving non-U.S. users.

3. Fees, Pricing and Payments

A. Pricing of Teaching Content

Teacher and Publisher-Sellers are solely responsible for setting the prices for the sale of their Teaching Content distributed through the Service, including for both electronic and physical materials. Teacher-Sellers are obligated to sell their Teaching Content at the prices listed on the Service.

B. Agreement Of Teacher-Seller and Publisher-Seller To Pay Service Fees and to Upload or Ship Teaching Content

In consideration for the services provided by Lessonplanshop, you (Teacher-Seller) agree to pay LessonPlanShop a service fee ("Service Fee") for all Teaching Content you sell to Teacher- Buyers through the Service, in accordance with the following: (i) Basic Members will pay a Service Fee equal to 30% of the sale price of each item of original digital Teaching Content sold; For each transaction, Lessonplanshop will automatically deduct the Service Fee from the sale price collected from Teacher-Buyers through the Service, and then will distribute the remaining amounts to the Teacher-Seller and Publisher-Seller on a monthly basis.

C. Additional Agreements and Obligations of Teacher-Sellers

By listing an item for sale, you (Teacher-Seller or Publisher-Seller) represent and warrant to prospective Teacher-Buyers that you have the right and ability to sell and to ship, and that the listing is accurate, current, and complete and is not misleading or otherwise deceptive. If you are a Teacher-Seller or Publisher-Seller of original digital Teaching Content, you agree to make at least one sample of such original digital Teaching Content available to Teacher-Buyers at no charge at all times when you are offering original digital Teaching Content for sale via the Service. Additionally, unless otherwise authorized, Teacher-Sellers agree not to, and agree to cause their affiliates, agents, employees and contractors not to, use or disclose to any third party, any order information or other data or information regarding Teacher-Buyers or any other users of the Service, which is obtained through the Service or disclosed to Teacher-Sellers by Lessonplanshop in connection with a transaction made via the Service, for any purpose except as necessary to complete transactions made through the Service and otherwise fulfill their obligations under this Agreement (including, without limitation, for purposes of solicitation, advertising, direct marketing, harassment, invasion of privacy or any other objectionable conduct).

By signing up for an account on the Lesson Plan Shop, you are agreeing that all of your uploaded lessons are original. This means that each lesson was conceived on your own personal time and is therefore not property of the district that employs you. You must agree that uploaded lessons have not been borrowed from others or taken from district resources. In addition, you are solely responsible for any allegation of unoriginality, not Lesson Plan Shop.

D. Agreement Of Teacher-Buyers To Pay For Purchases

When you (Teacher-Buyer) purchase original digital Teaching Content you will have the limited right to download the materials no more than 5 times. The materials will remain available for download in your on-line account for 30 days from the date of your purchase. You agree to pay in full for all Teaching Content purchased through the Service, and agree that Lessonplanshop may charge your credit card or PayPal account for any Teaching Content purchased, including any applicable shipping charges, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued to or in connection with your Member Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL SALES PRICES AND FEES, AND FOR PROVIDING Lessonplanshop WITH VALID CREDIT CARD INFORMATION OR PAYPAL ACCOUNT DETAILS FOR PAYMENTS OF ALL SUCH FEES AND CHARGES. All charges and fees will be billed to the credit card or the PayPal account you designate during the Member registration process. If you want to designate a different credit card or if there is a change in your credit card or PayPal account status, you must change your credit card or PayPal account information on-line at the Member Profile information page of the Service. You can always log into your Member Profile by providing your UserName and password at this link: www. Lessonplanshop.com. (There may be a temporary disruption of your access to the Service until Lessonplanshop can verify the validity of the new credit card or PayPal account information.) You agree that delivery of the Teaching Content to you, whether electronically delivered or physically shipped and delivered to you, does not transfer to you any commercial or promotion use rights in the Teaching Content. You agree that your use of the Service (including your purchase of Teaching Content) constitutes your acceptance of and agreement to use the Service and such Teaching Content solely in accordance with this Agreement, and that any other use of the Service or Teaching Content may violate copyright and other laws of the United States, other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use.

E. Electronic Signatures and Contracts

Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

F. Limitations

Your direct interactions (if any) with other users or Members of the Service, including the purchase of, sale of, payment for and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and that individual. Like with any web-based interaction, we suggest that you use caution and good judgment. You further understand and agree that Lessonplanshop is not involved in any actual transactions made through the Service, and that it is not the agent or representative of any Teacher-Seller or Teacher-Buyer (or any visitor) for any purpose whatsoever and that it is not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other user's or Member'?s use or disclosure of your personally identifiable information. For details about our information collection practices, please see our Privacy Policy. IF THERE IS A DISPUTE BETWEEN YOU AND ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY MEMBER OR USER OF THE SERVICE), Lessonplanshop IS UNDER NO OBLIGATION TO BECOME INVOLVED, AND YOU HEREBY RELEASE Lessonplanshop FROM ANY CLAIMS, DEMANDS OR DAMAGES OF ANY KIND AND OF ANY NATURE ARISING OUT OF OR RELATING TO ANY SUCH DISPUTE. You agree that you are solely and exclusively responsible for any federal, state, or local taxes, including sales taxes, that might apply to any sales you make in connection with Service.

G. Transfer of Title

Lessonplanshop does not transfer legal title or ownership of items from the Teacher-Sellers or Publisher-Sellers to the Teacher-Buyers, and nothing in this Agreement shall modify the applicable provisions of Uniform Commercial Code 2-401(2) and New York Uniform Commercial Code 2-401(2), which provide that, unless otherwise explicitly agreed between a seller and a buyer, legal title to a purchased item transfers to the buyer upon physical delivery of the item to the buyer from the seller. Accordingly, unless a Teacher-Buyer and Teacher-Seller agree otherwise, legal ownership to any item of Teaching Content passes to the Teacher-Buyer upon the physical delivery of such item of Teaching Content from the Teacher-Seller to the Teacher-Buyer.

4. Registration Obligations

In consideration of your use of the Service, you represent that you are at least 18 years of age, that you are domiciled in the United States, and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Member Data") and (b) maintain and promptly update the Member Data to keep it true, accurate, current and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete, or Lessonplanshop has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, without limitation any other remedies, Lessonplanshop has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Please see our Privacy Policy for further information.

5. Inappropriate User-Submitted Content

Lessonplanshop prohibits certain user conduct and content described above and, without obligation, will use reasonable efforts to eliminate such conduct and content from the Service. Nevertheless, you acknowledge and agree that (i) Lessonplanshop is not and cannot be responsible for any content, information or materials posted by users on the Service, (ii) you may be exposed to any such materials, information or content, and (iii) you must bear all risks associated with the exposure to and/or use of any such materials, information or content, including without limitation any reliance on the accuracy, completeness, or usefulness of such materials, information or content. Without limitation of the foregoing, Lessonplanshop has the right to, but may or may not pre-screen and/or monitor content posted on the Service, and without limiting any remedies, may remove, edit, move or close, in whole or in part, any content, information or materials, or thread or posting in any chat room and/or similar feature on the Service, at any time for any reason, in Lessonplanshop ' sole discretion.

6. Copyright Policy

We respect the intellectual property rights of others, and we ask that our Members and users do the same. It is our policy to disable access to or remove material that we believe in good faith to be infringing on a copyrighted work. We also disable and/or terminate the accounts of users who we believe in good faith are repeatedly infringing copyrighted works. Our Copyright Policy has been developed in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, and is available at www. Lessonplanshop.com/Copyright-Policy. By accepting these Terms of Service, you agree to be bound by our Copyright Policy, which is by this reference expressly incorporated into this Agreement.

7. Privacy Policy

We take the privacy of our users' and Members' information very seriously. Our Privacy Policy is available at www. Lessonplanshop.com/Privacy-Policy. By accepting these Terms of Service, you agree to be bound by our Privacy Policy, which is by this reference expressly incorporated into this Agreement.

8. Indemnity

By accepting this Agreement, you agree to indemnify and hold Lessonplanshop and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any and all claims, demands, liabilities, expenses or tax assessments, including reasonable attorneys' fees, arising out of any claim made by any third party or any action taken by any governmental or regulatory body (including, without limitation, the Federal Trade Commission or any state attorney general), due to, arising out of or relating to (i) any product, content, information or materials that you submit, sell, purchase, post, transmit, provide or otherwise make available through the Service, (ii) your use of the Service, (iii) your connection to the Service, (iv) your actual or alleged breach of this Agreement (including our Copyright Policy and Privacy Policy), (v) your actual or alleged infringement of any third party intellectual property or proprietary rights or (vi) your actual or alleged violation of any applicable laws, rules, regulations or rights of another.

9. Limitation of Liability

YOU AGREE THAT Lessonplanshop, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, REPUTATION, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) THE ACCESS TO OR THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. Lessonplanshop '? LIABILITY TO YOU OR ANY THIRD PARTY SHALL IN NO EVENT BE, IN THE AGGREGATE, GREATER THAN THE LESSER OF (A) THE TOTAL AMOUNTS PAID BY YOU TO Lessonplanshop DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR ACTION ALLEGEDLY GIVING RISE TO SUCH LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100.00).

YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND THAT BY ACCESSING AND USING THE SERVICE AND AGREEING TO THE TERMS OF THIS AGREEMENT, YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. IF YOU ARE A CALIFORNIA RESIDENT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." FURTHERMORE, IF YOU ARE A RESIDENT OF ANOTHER STATE OR JURISDICTION, YOU AGREE TO WAIVE IN ADVANCE ANY SIMILAR LAWS OF SUCH OTHER STATE OR JURISDICTION.

10. Termination

We reserve the right to suspend or terminate, or take any other action or remedy that we deem reasonable, appropriate or necessary, in our sole discretion, with respect to your Member account immediately, without prior notice or liability, for any reason. If we terminate your account, your right to use the Service will immediately cease. You may terminate your Member account at any time and for any reason, and we will make available through the Service reasonable means for you to do so. All provisions of the Terms of Service will survive termination, including, without limitation, ownership provisions, licenses, warranty disclaimers, indemnity, and limitations of liability.