Terms of Service
By visiting http://teachtrainthrive.com (TTT, the/our Website, Teach.Train.Thrive) you agree to our Terms of Service and Privacy
Policy). Please read these terms before using our Website.
- Terms
By accessing our Website (owned by Love Your Classroom LLC “LYC”) you are agreeing to be bound by these Terms of Service,
all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not
agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this Website are
protected by applicable copyright and trademark law. In addition, when you use any of our current or future services, you will also be
subject to our guidelines, terms, conditions and agreements applicable to those services.
- Use License
Summary
Permission is granted to download one copy of the materials (information or software) from our Website for personal,
non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, without explicit written permission, for any public display (commercial or
non-commercial);
- attempt to decompile or reverse engineer any software contained on our Website;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time. Upon
terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in
your possession whether in electronic or printed format.
Continued
All content contained on the Website (collectively, “Content“), such as text, graphics, logos, icons, images, audio and video clips,
digital downloads, data compilations, and software, is our property or the property of our licensors or licensees, and the compilation of
the Content on the Website is our exclusive property, protected by United States and international copyright laws, treaties and
conventions. All software used on the Website is our property or the property of our software suppliers and protected by United States
and international copyright laws, treaties and conventions.
Any trademarks, service marks, graphics, logos, page headers, icons, scripts and trade names (each, a “Mark“) contained on the
Website are proprietary to us or our licensors or licensees. Our Marks may not be used in connection with any product or service that
is not ours in any manner that is likely to cause confusion among users or that disparages or discredits us or anyone else. All other
Marks not owned by us that appear on the Website are the property of their respective owners, who may or may not be affiliated with,
connected to, or sponsored by us.
We grant you a limited license to access and make personal use of the Website. No Content of the Website or any other Internet site
owned, operated, licensed, or controlled by us may be copied, reproduced, republished, downloaded (other than page caching),
uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose,
except that you may download one (1) copy of the Content that we make available to you for such purposes on a single computer for
your personal, noncommercial, home use only, provided that you:
- keep intact all copyright, trademark and other proprietary rights notices;
- do not modify any of the Content;
- do not use any Content in a manner that suggests an association with any of our products, services or brands; without prior
written permission and
- do not download Content so as to avoid future downloads from the Website. Your use of Content on any other website or
computer environment is strictly prohibited.
The license granted to you does not include, and specifically excludes, any rights to: resell or make any commercial use of the Website
or any Content; collect and use any product listings, descriptions, or prices; make any derivative use of the Website or Content;
download or copy account information for the benefit of anyone else; or use any form of data mining, robots, or similar data gathering
and extraction tools. You may not frame, or utilize framing techniques to enclose, any Mark, Content or other proprietary information,
or use any meta tags or any other “hidden text” utilizing any such intellectual property, without our and each applicable owner’s
express written consent.
Any unauthorized use automatically terminates the license granted to you hereunder. You are granted a limited, revocable, and
non-exclusive right to create a hyperlink only to our home page provided that the link does not portray us or our licensors or licensees,
or their respective products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our
or any such party’s intellectual property as part of the link without our and each such party’s express written consent.
- Use and Protection of Password and ID
LYC will assign a password and account ID to you so you can access and use certain areas of the Website. Each user who uses such
assigned password and ID shall be deemed to be authorized by you to access and use the Website, and LYC shall have no obligation to
investigate the authorization or source of any such access or use.
You acknowledge and agree that as between you and LYC, you will be solely responsible for all access to and use of the website by
anyone using the password and id assigned to you whether or not such access to and use of the website is actually authorized by you,
including all communications and transmissions and all obligations (including financial obligations for purchases through the website)
that may result from such access or use.
You are solely responsible for protecting the security and confidentiality of the password and ID assigned to you. You shall
immediately notify LYC of any unauthorized use of the assigned password or ID, or any other breach or threatened breach of the
Website’s security of which you are aware. You will be responsible for any activity conducted under your assigned password or ID.
- System Requirements
Use of the certain areas of the Website requires Internet access, audio manager software or other software allowing the downloading
and storing of audio and audio-visual files in MP3 or other digital format (the “Software“), and, for certain downloadable content, a
compatible player device (the “Device“). LYC may, at any time and from time to time, in its sole discretion, modify, revise, or
otherwise change the system requirements for the Website and the format of any downloadable content, in whole or in part, without
notice or liability to you.
Internet access, use of the Software, or use of a Device may result in fees in addition to any fees incurred on the Website. Software
and Devices may require you to obtain updates or upgrades from time to time. Your ability to use the Website may be affected by the
performance of the Software, the Device, or your Internet connection. You acknowledge and agree that it is your sole responsibility to
comply with the system requirements of your Software and Device, as in effect from time to time, and to maintain, update, and
upgrade your Software and Devices, including the payment of all Internet access, Software, and Device fees without recourse to LYC.
- Disclaimer
- The materials on our website are provided on an ‘as is’ basis. LYC makes no warranties, expressed or implied, and hereby
disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability,
fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
- Further, LYC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of
the materials on its website or otherwise relating to such materials or on any sites linked to this site.
- Submissions
You may post reviews, comments, photographs, and other content; send communications; and submit suggestions, ideas, comments,
questions, or other information, so long as none of these materials are illegal, obscene, threatening, defamatory, invasive of privacy,
infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and do not consist of or contain
software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not
use a false e-mail address, impersonate anyone, or otherwise mislead as to the origin of any content. We reserve the right (but not the
obligation) to remove or edit any such content, but we do not regularly review posted content.
Please do not send us any material that you do not intend to be subject to the User-Generated Content License described in this
paragraph. All content described in the immediately preceding paragraph and any and all other information, content or materials that
you post or send to us hereinafter collectively is referred to as “User-Generated Content.” If you post or send any User-Generated
Content to us, intentionally or unintentionally, we (and such others as we may designate from time to time) shall have the unrestricted
rights to the use thereof for any and all purposes whatsoever, commercial or otherwise, without any further permission from, or any
payment to, you or anyone else.
We and our designees also shall have the right (but no obligation) to use the name that you submit, as well as any other name by
which you are or may be known, in connection with User-Generated Content. Without limiting the generality of the foregoing, you
hereby unconditionally grant to us a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable
universal license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache,
archive, index, categorize, comment on, broadcast, stream, download, edit, alter, modify, adapt, translate, create derivative works
based upon and publicly perform User-Generated Content, in whole or in part, by all means and in all media now known or hereafter
devised for any and all purposes without further notice to you and with or without attribution (the “User-Generated Content License“).
You agree to the User-Generated Content License whether or not your User-Generated Content is used by us.
You represent, warrant and agree that: you own or otherwise control all of the rights to all User-Generated Content that you post or
send to us; that all such User-Generated Content is accurate; use of such User-Generated Content does not violate these Terms of
Service, our Privacy Policy or the rights of any third party and will not cause injury to anyone; and you will indemnify us and our
affiliates and designees from and against all claims arising out of, resulting from or relating to any such User-Generated Content. We
have the right (but no obligation) to monitor, edit or remove any activity or content involving you. We have no responsibility, and
assume no liability, for any User-Generated Content posted or sent by you or by anyone else.
You agree that User-Generated Content will not be subject to any expectation of trust or confidence between us and that no
confidential or fiduciary relationship is intended or created between you and us. To the extent that any so-called “moral rights,”
“neighboring rights” or similar or analogous rights apply to any User-Generated Content and which are not exclusively owned by us,
you agree not to enforce or assign, or permit any third party to enforce or assign, any such rights.
Each time that you access the Website, or post or submit User-Generated Content, you agree that the User-Generated Content License
is ratified and confirmed with respect to such User-Generated Content and all User-Generated Content previously posted or submitted
by you.
- Limitations
In no event shall Love Your Classroom LLC or its shareholder, director, officers, employees, agents be liable for any damages
(including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to
use the materials on Love Your Classroom LLC’s website, even if Love Your Classroom LLC or a Love Your Classroom LLC
authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not
allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not
apply to you.
- Accuracy of materials
The materials appearing on Love Your Classroom LLC website could include technical, typographical, or photographic errors.
Love Your Classroom LLC does not warrant that any of the materials on its website are accurate, complete or current. Love Your Classroom LLC may make changes to the materials contained on its website at any time without notice. However Love Your Classroom LLC does not make any commitment to update the materials.
- Links
You should be aware that when you visit the Website, you could be directed to other sites beyond our control including links to or
from affiliates and content partners that may use our Marks as part of an affiliate relationship. When you click on a link that directs
you away from the Website, the site to which you are directed may not be controlled by us and different terms of service and privacy
policies may apply which you should carefully read and evaluate.
You acknowledge that we are not responsible for examining or evaluating, and that we do not warrant the offerings of, any such third
party or the content of their sites. We do not assume any responsibility or liability for the actions, products, or content of any third
party or any third party site. We reserve the right to disable links from or to third-party sites, although we are under no obligation to do
so.
- Indemnification
You hereby agree to indemnify, defend, and hold us, and our licensors, licensees, successors, distributors, agents, representatives and
other authorized users, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives
and assigns (collectively, the “Indemnified Parties“), harmless from and against any and all loss, cost, damage, liability and expense
(including, without limitation, settlement costs and legal or other fees and expenses) suffered or incurred by any of the Indemnified
Parties arising out of, in connection with or related to any breach or alleged breach by you of these Terms of Service.
You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ
separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to
indemnification by you.
- Limitation of Liability
Under no circumstances (including negligence) shall we be liable to you or anyone else for any direct, indirect, incidental, special or
consequential damages (including lost profits), personal injury (including death) or property damage of any kind or nature whatsoever
that arise out of or result from:
- the use of, or any inability to use, the website or any content or functions thereof; or
- any act or omission, online or offline, of any user of the website or anyone else, even if we have been advised of the possibility
of such damages.
In no event shall our total liability to you for all loss, cost, damage, liability or expense (including attorneys fees and costs) that you
may suffer or incur, under any theory of liability, in contract, tort (including, but not limited to, negligence) or otherwise, exceed the
lesser of the amount paid by you, if any, for the right to access or participate in any activity related to the website or $100.00.
Under no circumstances shall we or any of the indemnified parties be liable for any delay or failure in performance resulting, directly
or indirectly, from any event of force majeure or other cause beyond our or their control including, without limitation, acts of god,
war, equipment and technical failures, electrical power failures or fluctuations, strikes, labor disputes, riots, civil disturbances,
shortages of labor or materials, natural disasters, governmental actions, orders of domestic or foreign courts or tribunals, or
non-performance of third parties. Neither we nor any other indemnified party is responsible or liable for:
- any incompatibility between the website and any site, service, software or hardware; or
- any delay or failure you may experience with any transmission or transaction related to the website.
The limitations, exclusions and disclaimers herein and elsewhere in these Terms of Service apply to the maximum extent permitted by
applicable law.
Applicable law may not allow certain of the exclusions, limitations, or disclaimers of liability set forth in these Terms of Service, so
such exclusions, limitations or disclaimers may not apply to you.
- Modifications
Love Your Classroom LLC may revise these Terms of Service for its website at any time without notice. By using this website you
are agreeing to be bound by the then current version of these Terms of Service.
- Governing Law
These terms and conditions are governed by and construed in accordance with the Laws of Illinois and you irrevocably submit to the
exclusive jurisdiction of the courts in that State or location.
- Electronic Communications
When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive
communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree
that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement
that such communications be in writing.
- Miscellaneous Provisions
We may discontinue the Website at any time and for any reason, without notice. We may change the contents, operation, or features of
the Website at any time for any reason, without notice. We may change this Terms of Service at any time and for any reason, without
notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms
of Service or your use of the Website. Nothing contained in these Terms of Service is in derogation of our right to comply with
governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or
gathered by us with respect to such use. A printed version of these Terms of Service and of any notice given in electronic form shall
be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject
to the same conditions as other business documents and records originally generated and maintained in printed form.
Our failure to enforce any provision of these Terms of Service or respond to a breach by you or others shall not constitute a waiver of
our right to enforce any other provision of these Terms of Service as to that breach or any other.
If any provision of these Terms of Service is invalid or unenforceable under applicable law, the remaining provisions will continue in
full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision.
These Terms of Service constitute the entire agreement between you and us regarding the Website and supersedes any prior or
contemporaneous agreement regarding that subject matter.
The content being purchased is based in research and years of experience working in classrooms and schools with great success. This course is to provide insights into behavior and build confidence. As with anything, no guarantees or results are promised to those taking this course. It’s simply a resource. As stated above, Love Your Classroom LLC is not liable for outcomes of attempting to implement any strategies with students, staff, or any other group.