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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 TCI product, (ii) submitting payment for the Subscriptions or any other TCI product, (iii) accessing the Subscription management application by following the website access link emailed to you following your purchase of a Subscription or (iv) distributing the website access link to any teachers 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. The term "you" as used herein shall include any individuals purchasing or accessing the Subscriptions as well as any schools, school districts, education centers or other entities for whom such individuals may be accessing the Subscriptions on behalf of.

Subscription Delivery: For each Subscription order, you will receive a delivery confirmation email. Designated Subscriber contacts will also receive an invitation email containing a website access link to a Subscription management application where Subscriptions may be managed. The designated Subscriber contact will be the person submitting payment unless you notify TCI of the contact name and email address to whom TCI should send the website access link. You will need to sign and return an account administrator agreement before being granted full access to the Subscription management application.

Online Subscription Terms: TCI defines the school year as July 1 to June 30 ("school year"). The order date of a Subscription is the TCI invoice date. For Subscriptions with an order date before November 1, the duration of the Subscription includes the current school year that commenced on July 1 of the current calendar year. For orders with an order date on or after November 1, the duration of the subscription begins the following school year commencing on July 1 of the subsequent calendar year. Subscriptions can only be assigned to one user at a time; they cannot be shared. Upon expiration of a Subscription, access will be blocked. Subscription assignments reset annually on June 30. TCI only stores student scores and notebook entries for the current school year. Subscribers are responsible for downloading any student scoring and notebook data before June 30 for their records.

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 (a) 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 Subscriptions and the Subscription management application. 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. Teachers' Curriculum Institute collects limited information from students accessing its websites, including students' first initials, last names, 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.


BUSINESS TERMS

Prices and Taxes: All Prices are effective January 1, 2014 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, MI, MO, NJ, 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: 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 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.

Refunds and Credits: If you paid by credit card, your account will be credited for returned item(s) within 30 days of receiving the return. For all other forms of payment, TCI will issue a credit for returned item(s). Credits can remain on the account for up to 6 months, at which time a refund will be made by check.

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