Effective Date: 01/01/2018
This is our policy regarding how we collect, use, and disclose the information we, TSBS, LLC—dba Teaching Side by Side (“TSBS, LLC”, “Teachingsidebyside.com”, “Teachingsbs.com”, “we”, “us”, or “our”), collect on our website services at www.teachingsidebyside.com and www.teachingsbs.com (the “Website”); through our mobile applications Teachingsidebyside.com, Teachingsbs.com, for Android and iOS (collectively, the “Apps”).
• Information We Collect
• Cookies and Other Tracking Mechanisms
• Use of the Information
• Choice and Opt-out
• Disclosure of Information
• Your Independent Relationship With Other Companies
• Contact Us
Information We Collect:
We may collect information about you directly from you, from third parties, and automatically through your use of our Site. We may combine information collected from or about you from these various sources.
Information We Collect Directly from You:
We collect information directly from you in several places on our Site, as set forth generally below.
Currently, visitors to our Site are able to access some content without becoming a member. However, if you would like to access any specific teacher reviews,
teacher data, ability to edit/add teacher and school data, or any other parent and/or student reviews, or gain access to certain community features, you are required to register to become a member. In order to register, you must supply us with a valid email address and password; as well as some additional voluntary information about you (e.g., your "type": parent, teacher, or student; school affiliation, grade focus, zip code, etc.).
At certain times, you may be asked to participate in surveys, which are generally aimed at obtaining general information, such as your reactions to a particular feature or specific data on our site. Because information obtained in these surveys is connected with individual subscribers and is used internally to improve our products or better market our services, participation is voluntary.
Contests and Awards:
We sometimes offer contests or sweepstakes in which certain personal information is required for registration, for purposes of verifying the entrants’ identities and notifying the winners. If the contest or sweepstakes is being administered by a third party, this information will be disclosed to that third party. However, entrants may select contest names distinct from their User Names, and the information is not connected with their User Names.
Other Information You Provide Through Our Services:
We will also collect any other information that you provide through our Services, such as your name, email address, school or organization name, account type (parent, student, or student), and the contents of any message you submit through our Services.
Information We Collect from Third Parties:
You can create an account with us, by logging in through certain third-party accounts, such as Facebook, Google. By logging in through a third-party account, you grant Teachingsbs.com, Teachingsidebyside.com, TSBS, LLC, permission to access certain information from that third-party account as explained on the permissions page when you log in, including: your name, email and public profile ID.
Information We Collect Automatically:
We may also automatically collect information about users of our Services through cookies, web beacons, and other technologies. The collected information may include, but is not limited to, IP address, domain name; browser type and operating system; web pages viewed while logged in; links clicked; the length of time spent on our Services; and the referring URL, or the webpage that led a user to our Services. In addition, we will collect information about user
activities within our Services, such as which pages a user visits most, the type of grades administered per teacher, and history.
Cookies and Other Tracking Mechanisms: Our Tracking:
Tracking data consists of both individual and aggregated tracking information and is automatically gathered using “cookies.” A cookie is a small data file containing information, such as a user’s member name, that is written to the user’s hard drive by a web server and used to track the pages visited.
Tracking by our contractors and agents:
Tracking by Our Advertisers:
Our advertisers include a wide variety of companies, such as financial services companies (e.g., brokerage firms, banks, and mortgage companies), computer manufacturers, software companies, automobile makers, toy manufacturers, and retail stores. Our advertisers and advertising vendors display targeted advertisements. Although we do not provide any personal information to the advertiser or advertising vendor, by interacting with or clicking on an ad you consent to the possibility that the advertiser will assume you meet the criteria used to target the ad.
In addition to cookies placed by us or our agents, as described above, advertisers and advertising vendors that serve ads onto our Services or other services may use their own cookies or other tracking technologies. We are not responsible for the privacy policies or practices of any such advertisers and vendors.
We allow third-party companies to serve ads and/or collect certain anonymous information when you visit our Services. These companies may use non- personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to our Services and other websites or applications in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or third-party web beacon to collect this information. To learn more about this behavioral advertising practice or to opt-out of this type of advertising, you can visit networkadvertising.org.
Do Not Track Disclosure:
Our Services do not respond to Do Not Track signals. For more information about Do Not Track signals, please click here.
Use of the Information:
We use your information, including personal information, as follows:
Provide Our Services:
We use your information to provide and maintain our Services, including tailoring content to you; improving our Services; developing new features, products, or services; authenticating users; performing technical operations, such as updating software; and for other service and support-related purposes.
Email preferences page.
Special Offers and Advertisements:
We may from time to time send registered members of TSBS, LLC,
Teachingsidebyside.com, Teachingsbs.com special offers and advertisements
for products or services offered by us or third parties. We will not disclose any of
your personal information to such third parties when we do this. If you do not
wish to receive third party offers and advertisements, please change your
settings on your Email preferences page.
Webinars and Events:
If you register for a TSBS, LLC, Teachingsbs.com, Teachingsidebyside.com webinar or event, we use your email address to send you notifications relevant to the webinar or event.
Research and Analytics:
We use your information to analyze how users interact with our Services; to monitor and analyze usage and activity trends; and for other research, analytical, and statistical purposes.
Protecting Rights and Interests:
We use your information to comply with applicable legal or regulatory obligations, including as part of a judicial proceeding; to respond to a
subpoena, warrant, court order, or other legal process; or as part of an investigation or request, whether formal or informal, from law enforcement or a governmental authority.
Choice and Opt-out:
Opting Out of Marketing Communications:
Members may opt out of receiving updates, notifications, and/or newsletters by de- selecting the corresponding boxes in the Email preferences page. Updates, newsletters, and email notifications will also include instructions for opting out of those communications.
Disclosures of Information:
We do not sell or disclose the personal information about you described above to nonaffiliated parties (including but not limited to companies, authorities, institutions, or individuals) except to provide you with products or services, when we have your permission, or under the circumstances listed below. We do not disclose your personal information to third parties for those third parties’ own marketing purposes.
In response to subpoenas, court orders, or legal process, from law enforcement agencies or state and federal regulators, or as otherwise required by law;
To protect the rights, property, or safety of us or other persons, including to detect, prevent, or otherwise address fraud, security, or technical issues, or anything else that we may consider to be, or pose a risk of being, an illegal, unethical, or legally actionable activity;
As we deem appropriate to attempt to prevent physical or emotional harm to other persons and/or to their property based on overt or implied threat;
In connection with an actual or proposed corporate merger, acquisition, asset purchase, or other transaction or proceeding involving all or part of the business or assets to which the information pertains; and
To other companies, such as direct marketers to perform marketing services on our behalf, or other institutions with whom we have joint marketing agreements.
We may also disclose aggregate, anonymous, or de-identified information about users for marketing, advertising, research, compliance, or other purposes
We have implemented safeguards to protect the information we collect. Please be aware that despite our efforts, no data security measures can guarantee 100% security.
You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.
If you are a parent, teacher, or school administrator, we encourage you to talk to your students about online safety and how they can protect themselves online. For more information, see the Federal Trade Commission’s Protecting Kids Online resource.
Your Independent Relationship with Other Companies:
In addition, some of our advertising partners will on occasion take polls of our visitors, in which case you would provide your information directly to the advertising partner. Such polls are for use by the advertising partner, and participation is voluntary. We do not assure privacy of information voluntarily provided in response to a survey or poll.
TSBS, LLC dba Teachingsidebyside.com; Teachingsbs.com, operates the Services. Questions or comments regarding this policy should be directed to firstname.lastname@example.org.
Effective Date: January 1, 2018
the “Websites”), through our mobile applications Android and iOS versions (collectively, the “Apps”), through browser and other web extension applications such as the TSBSProducts.com, and through and subsequent or future services available through our Websites and Apps (such services, along with the Websites and Apps are, collectively, the “Services”).For the purposes of this COPPA Policy, “child” or “children” means a child or children under 13 years old.
Children’s personal information will be handled as described in this COPPA Policy. In order to permit children to access our grading and other future Services, a parent or authorized guardian must create a primary account and then add the child to their account.
• About Us
• Contact Us
• Information We Collect About Children
• How We Use Children’s Information
• How We Disclose Children’s Information
• Parents’ Rights to Review, Delete, and Control Our Use of Their Child’s Personal
• Changes to this COPPA Policy
TSBS, LLC dba Teachingsidebyside.com, Teachingsbs.com offers parents, students, and teachers an opportunity to communicate in a positive format to better improve the education experience for all students and educators. Communication is a pivotal part of the education process and this platform provides that opportunity to celebrate, enlighten, and/or improve upon the education process within the classroom environment from those it affects the most. Any and all information obtained through
this digital, communication platform is intended solely to improve upon the lives of all who are connected through the ever-changing world of education.
TSBS, LLC, Teachingsidebyside.com operates the Services and can be contacted at: email@example.com
Information We Collect About Children:
Information We Collect Directly:
Our Services are targeted to parents, students, teachers, and schools. Although children under 13 may use certain components of our Services, we have designed our Services such that parents of younger children must create an account before their child can access our Grading/Input Experience, and we generally do not require or collect personal information directly from children.
In addition, while we generally don’t seek to collect personal information from children, we will collect any information that a child nonetheless provides to us through our Services, which may include the child’s name or username (if not already provided by a parent). We encourage parents to educate their children about limiting the types of personal information that their children provide over the Internet, including to us.
Information We Collect Automatically:
We automatically collect information about a child’s use of our Services through cookies and other technologies, including without limitation: domain name; browser type; browser language; operating system type; device name and model; pages or screens viewed; links clicked; when and the length of time spent using Services; and the referring URL, or the webpage that led to our Services. We also may collect IP address and other unique identifiers from children, as well as information about a child’s activities within our Services, such as which pages they spend the most time on, but we will only use such information to provide our Services and to understand user activity while using our Services. This information will be linked back to the parent’s email address on the account so that we may provide the account holder with personalized feedback about each child’s uses, if necessary.
How We Use Children’s Information:
We use the information we collect via the Services, in order provide our Services, to tailor our Services (e.g., prompting teachers or schools previously accessed), to respond to requests, and as otherwise set forth in the “Use of the Information” section of the
How We Disclose Children’s Information:
Parents’ Rights to Review, Delete, and Control Our Use of Their Child’s Personal Information:
Parents have a right to review the information we have collected about their child, to delete it, and to tell us to no longer use their child’s personal information. Parents can review most of the information we collect about their child by logging in to their account, reviewing their account information, and updating the information we maintain about their child – or by contacting us firstname.lastname@example.org to request access to, request that we no longer use, or delete their child’s personal information. To make such a request, please include your name, your child’s username, and your email address, and specify clearly the action you would like us to take. We will try to comply with your request as soon as reasonably practicable. Please note that copies of information that a parent has updated, modified, or deleted may remain viewable in cached and archived pages of the Services for a period of time. If a parent does not want us to collect and use his/her child’s personal information anymore, then the parent may cancel his/her account and his/her child’s use of the Services.
Changes to this COPPA Policy:
This COPPA Policy is current as of the Effective Date set forth above. We may change this COPPA Policy from time to time, so please be sure to check back periodically. We will post any changes to this COPPA Policy on our Websites. If we make any material changes to this COPPA Policy, we will endeavor to provide parents and children with notice in advance by sending notice to the parent’s email address of record.
Effective: January 1, 2018
READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE OR USING ANY OF OUR SERVICES OR MOBILE APPLICATIONS. USING THE SERVICES IN ANY WAY INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE OR ANY OTHER PART OF THE SERVICES IF YOU DO NOT ACCEPT THESE TERMS.
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH TSBS, LLC DBA TEACHINGSIDEBYSIDE.COM. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
We may alter the Questions, Materials and Services and/or we may choose to modify, suspend or discontinue any part of the Services at any time and without notifying you. We may also change, update, add or remove provisions (collectively, "modifications") of these Terms from time to time. Because everyone benefits from clarity, we promise to inform you of any modifications to these Terms by posting them on this website and, if you have registered for an account with us (as described more fully below), by describing the modifications to these Terms in an email that we will send to the address that you provided during registration. To be sure we properly reach your email inbox, we just ask that you let us know if your preferred email address changes at any time after your registration.
If you object to any such modifications, your sole recourse shall be to cease all use of the Services. Continued use of any Services following notice of any such modifications indicates you acknowledge and agree to be bound by the modifications. Also, please know that these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of this website or associated with specific Services. These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.
We invite you to use our Services for non-commercial purposes only, adhering to an intention of sharing an honest and positive grading and feedback experience only. No derogatory or defamatory content will be allowed and any such abuse of this Use Policy will be grounds for immediate removal of your account access. You must be at least 14 years old to create an account with Teachingsidebyside.com, Teachingsbs.com. If you are younger than 18 (a "Minor"), you must have the consent of your parent or legal guardian and receive your parent’s or legal guardian’s permission to use the Services and agree to these Terms. If you are a parent or legal guardian of a Minor, you agree that you are solely responsible for monitoring and supervising such Minor’s use of the Services and to bind the Minor to these Terms and to fully indemnify and hold us harmless if the Minor breaches any of these Terms.
We make Mobile Applications available that enable access the Services via a mobile device. To use the Mobile Application, you must have a mobile device that is compatible with the mobile service. We do not warrant that the Mobile Application will be compatible with your mobile device. We hereby grant to you a non-exclusive, non- transferable, revocable license to download and use object code copies of the Mobile Application and install such copies on mobile device owned or leased solely by you, for your personal use in connection with your subscription to the Services. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that we may from time to time issue upgraded versions of the Mobile Application and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and we and our third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to your use of the Mobile Application.
The following additional terms and conditions apply with respect to any Mobile Application that we provide to you designed for use on an Apple iOS-powered mobile device (an "iOS App"):
You acknowledge that these Terms are between you and TSBS, LLC dba Teachingsidebyside.com, Teachingsbs.com only, and not with Apple, Inc. ("Apple").
Your use of our iOS App must comply with Apple’s then-current App Store Terms of Service.
We, and not Apple, are solely responsible for our iOS App and the Services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
You agree that we, and not Apple, are responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
You agree that we, and not Apple, are responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of our iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.
The following additional terms and conditions apply with respect to any Mobile Application that we provide to you designed for use on an Android-powered mobile device (an "Android App"):
You acknowledge that these Terms are between you and TSBS, LLC dba Teachingsidebyside.com; Teachingsbs.com only, and not with Google, Inc. (“Google”).
Your use of our Android App must comply with Google’s then-current Android Market Terms of Service.
Google is only a provider of the Android Market where you obtained the Android App. We, and not Google, are solely responsible for our Android App and the Services and content available thereon. Google has no obligation or liability to you with respect to our Android App or these Terms.
You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to our Android App.
ACCOUNTS; PASSWORD RESTRICTED SERVICES:
We appreciate you visiting our website. You need not register with us to simply visit and view the website and not use any services or download any Materials. However, in order to access certain password-restricted areas of the website, to use certain services, and access certain Materials, you must successfully register an account with us.
If you want an account with us, you must provide, through the account registration page on the website, your first name, a working email address, how you will be using your account (parent, student, or teacher), the grade level(s) and schools in which you or your students are in attendance, and a preferred password. You may also have the opportunity to provide additional, optional information so that we can provide you a more customized experience when using the Services –but, we will leave that decision with you. Once you submit the required registration information, we alone will determine whether or not to approve your proposed account. If approved, you will be permitted to log in to your account with your password.
We may also provide you with the ability to register for an account using your existing account and log-in credentials from third-party sites and services such as Google, Facebook, Amazon. By using such third-party account and/or credentials you are consenting to our retention and use, and such third-party site’s disclosure, of the account, credentials and other populated profile information that you submit.
For so long as you use your Teachingsidebyside.com account, you agree to provide true, accurate, current, and complete information which can be accomplished by logging into your account and making relevant changes directly. And, if you forget your password – no worries as we will happily send a password update to your provided email address. You are responsible for complying with these Terms when you access and use the Services, whether directly or through any account that you may setup or use. Because it is your account, it is your job to obtain and maintain all equipment and services needed for access to and use of the Services as well as paying related charges. It is also your responsibility to maintain the confidentiality of your password(s), including any password of a third-party site that we may allow you to use to access the Services. Should you believe your password or security for any of the Services has been breached in any way, you must immediately notify us.
By using any of our Services, you consent to receiving electronic communications from us. These electronic communications may include notices about transactional information and other information concerning or related to the Services. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
LINKS TO THIRD-PARTY SITES:
We think links are convenient, and we sometimes provide links from the Services to third- party websites. If you use these links, you will leave our Services. We are not obligated to review any third-party websites linked to from the Services, we do not control any of the third-party websites, and we are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, we do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the Services, you do this entirely at your own risk and you must follow the privacy policies and terms and conditions for those third-party websites. Certain areas of the Services may allow you to interact and/or conduct transactions with one or more third-party websites or services, and, if applicable, allow you to configure your privacy settings in that third-party account to permit your activities on the Services to be shared with your contacts in your third-party site account.
The Teacher add on, School add on, and Teacher Grading Area of the Services permits you to submit feedback, information, data, text, images, messages, or other materials (each, a "User Submission"). You agree that you are solely responsible for all of your User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. Further, we do not guarantee that you will be able to edit or delete any User Submission you have submitted after published on the Site.
By submitting any User Submission, you are promising us that:
You own all rights in your User Submissions (including, without limitation, all rights to the reproduction and display of your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to us the rights in your User Submissions as described in these Terms;
You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;
Your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
You voluntarily agree to waive all "moral rights" that you may have in your User Submission;
Any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;
Your User Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti- discrimination, or false advertising);
Your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;
You were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
Your User Submission does not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than your own);
Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
Your User Submission does not contain any information that you consider confidential, proprietary, or personal; and
Your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
By submitting a User Submission, you grant to us an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:
Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
Use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that we deem appropriate in our sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service);
Display advertisements in connection with your User Submissions and to use your User Submissions for advertising and promotional purposes.
We may, but are not obligated to, pre-screen User Submissions or monitor any area of the Services through which User Submissions may be submitted. We are not required to host, display, or distribute any User Submissions on or through the Services and may remove at any time or refuse any User Submissions for any reason. You understand that when using the Services you will be exposed to User Submissions from a variety of sources and that we are not responsible for the accuracy, usefulness, reliability or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, defamatory, indecent or objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. We are not responsible for any loss, theft, or damage of any kind to any User Submissions. Further, you agree that we may freely disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient.
To be clear, we authorize your use of the Services only for Permitted Purposes. Any other use of the Services beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of the Services. This is because as between you and us, all rights in the Services remain our property.
Unauthorized use of the Services may result in violation of various United States and international copyright laws. Because we prefer keeping this relationship drama-free, we want to give you examples of things to avoid. So, unless you have written permission from us stating otherwise, you are not authorized to use the Services in any of the following ways (these are examples only and the list below is not a complete list of everything that you are not permitted to do):
In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of the Services or Materials for any commercial purpose that competes with our Services in any way;
In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
To stalk, harass, or harm another individual;
To impersonate any person or entity or otherwise misrepresent your affiliation with a
person or entity;
To interfere with or disrupt the Services or servers or networks connected to any of the Services;
To use any data mining, robots, or similar data gathering or extraction methods in connection with the Services; or
Attempt to gain unauthorized access to any portion of the Services, Materials or any other accounts, computer systems, or networks connected to this Website, whether through hacking, password mining, or any other means.
You agree to hire attorneys to defend us if you violate these Terms and that violation results in a problem for us. You also agree to pay any damages that we may end up having to pay as a result of your violation. You alone are responsible for any violation of these Terms by you. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.
The Services include registered and unregistered trademarks that belong to us. Other trademarks, names and logos found in the Services are the property of their respective owners.
Unless otherwise specified in these Terms, all Materials, including the arrangement of them in the Services are our sole property or the property of our licensors. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
With respect to any student personally identifiable information (“Student PII”) collected or processed by TSBS, LLC dba Teachingsidebyside.com on behalf of an educational institution (a “School”) that is subject to the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g and its promulgating regulations, 34 CFR Part 99 (collectively, “FERPA”), TSBS, LLC dba Teachingsidebyside.com, Teachingsbs.com will:
Maintain reasonable security measures to protect Student PII data
Notwithstanding the above, TSBS, LLC dba Teachingsidebyside.com may use (and disclose) anonymous, de-identified and/or aggregate data derived from the Services, provided such data does not identify any Student. School is responsible for ensuring that the collection, use, disclosure and processing of Student PII as part of the Services complies with applicable law (including but not limited to FERPA) and any other applicable legal or contractual restrictions, and School further represents and warrants that it will not direct or engage TSBS, LLC dba Teachingsidebyside.com to collect, use, disclose or otherwise process Student PII in a manner that would violate applicable law or any other legal or contractual restrictions applicable to School.
INTELLECTUAL PROPERTY INFRINGEMENT:
We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we have a policy of removing User Submissions that violate intellectual property rights of others, suspending access to the Services (or any portion thereof) to any user who uses the Services in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the Services in violation of someone’s intellectual property rights.
Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of our Services, please provide written notice to our agent for notice of claims of infringement:
ATTN: COPYRIGHT info@Teachingsidebyside.com
To be sure the matter is handled immediately, your written notice must:
Contain your physical or electronic signature;
Identify the copyrighted work or other intellectual property alleged to have been infringed;
Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law;
Contain a statement that the information in the written notice is accurate; and
Contain statement, under penalty of perjury, that you are authorized to act on
behalf of the copyright or other intellectual property right owner.
Unless the notice pertains to copyright or other intellectual property infringement, the agent will be unable to address the listed concern.
Submitting a Digital Millennium Copyright Act (“DMCA”) Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our Agent with a written counter- notification that includes the following information:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat Infringers
We reserve the right, in our sole discretion, to terminate the account or access of any user of the Services who is the subject of repeated DMCA or other infringement notifications.
DISCLAIMER OF WARRANTIES:
THE SERVICES AND MATERIALS ARE PROVIDED "AS IS" AND "WITH ALL FAULTS", AND THE ENTIRE RISK AS TO THE USE OF THE SERVICES AND MATERIALS IS WITH YOU. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THIS SERVICES AND MATERIALS, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY THAT THE SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS, THAT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE SERVICES OR MATERIALS WILL BE CORRECTED. WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OR SERVICES OBTAINED THROUGH THE USE OF THE SERVICES OR MATERIALS, AND ARE NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS, OR FAILURE TO ACT OF ANY THIRD PARTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH YOUR USE OF THE SERVICES OR FROM US OR OUR SUBSIDIARIES/OTHER AFFILIATED COMPANIES SHALL CREATE ANY WARRANTY. WE DISCLAIM ALL EQUITABLE INDEMNITIES.
LIMITATION OF LIABILITY:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER TSBS, LLC DBA TEACHINGSIDEBYSIDE.COM, TEACHINGSBS.COM NOR ANY OF OUR AFFILIATES, SUPPLIERS, ADVERTISERS, AFFILIATES, OR AGENTS OR SPONSORS BE LIABLE FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE MATERIALS OR THE SERVICES IS TO STOP USING THEM. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
THE AGGREGATE MAXIMUM LIABILITY TO TSBS, LLC DBA TEACHINGSIDEBYSIDE.COM, TEACHINGSBS.COM FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SERVICES AND MATERIALS IN THE TWELVE MONTHS PRECEDING ANY SUCH CLAIM.
LOCAL LAWS; EXPORT CONTROL:
We control and operate the Services from our headquarters in the United States of America and all of the Services may not be appropriate or available for use in other locations. If you use our Services outside the United States of America, you are solely responsible for following applicable local laws. We may limit the availability of the Services, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time. Not all products or services may be available in all states or territories.
Any submissions by you to us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER: Please Read This Provision Carefully. It Affects Your Legal Rights.
This “Dispute Resolution and Arbitration; Class Action Waiver” provision (“Provision”) facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between you and TSBS, LLC dba Teachingsidebyside.com, Teachingsbs.com. Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.
This Provision provides that all disputes between you and TSBS, LLC dba Teachingsidebyside.com, Teachingsbs.com that cannot be resolved by agreement within 60 days shall be resolved by binding arbitration because acceptance of these
Terms constitutes a waiver of your right to litigation claims and all opportunity to be heard by a judge or jury. We prefer this because we believe arbitration is less drama- filled than litigation. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees). You may, however, opt-out of this Provision which means you would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). BOTH YOU AND TSBS, LLC dba TEACHINGSIDEBYSIDE.COM, TEACHINGSBS.COM AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first give us an opportunity to resolve the Dispute which is first done by mailing us by first class United States mail to: TSBS, LLC, 663 S. Rancho Santa Fe Rd., Ste# 614, San Marcos, CA 92078 the following information: (1) your name, (2) your address, (3) A written description of your Claim, and (4) A description of the specific relief you seek. If we do not resolve the Dispute within 60 days after receiving your notification, then you may pursue your Dispute in arbitration. You may pursue your dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, your or we may choose to pursue a Dispute in court and not by arbitration if: (a) The dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt-out of this Provision by mailing the following information by first class United States mail to TSBS, LLC, 663 S. Rancho Santa Fe Rd., Ste# 614, San Marcos, CA 92078: (1) your name; (2) your address; (3) A clear statement that you do not wish to resolve disputes with us through arbitration. Either way, we will not take any decision you make personally. In fact, we promise that your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with us. But, we do have to enforce the Opt-Out Deadline so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your dispute in arbitration or small claims court.
If this Provision applies and the dispute is not resolved as provided above (Pre- Arbitration Claim Resolution) either you or we may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s
Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
Because the Services and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – You or we may initiate arbitration in either San Diego, CA or the federal judicial district that includes your billing address. In the event that you select the latter, we may transfer the arbitration to San Diego so long as we agree to pay any additional fees or costs which the arbitrator determines you incur as a result of the transfer.
Payment of Arbitration Fees and Costs – So long as you place a request in writing prior to commencement of the arbitration, we will pay all arbitration fees and associated costs and expenses. But, you will still be responsible for all additional fees and costs that you incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses. In addition to any fees and costs recoverable under applicable law, if you provide notice and negotiate in good faith with us as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and we specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Services can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
You understand and agree that by accepting this Provision in these Terms, you and TSBS, LLC dba Teachingsidebyside.com, Teachingsbs.com are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you
and TSBS, LLC dba Teachingsidebyside.com, Teachingsbs.com might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court (e.g., the rights to both appeal and certain types of discovery) may be more limited or may also be waived.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.
This Provision shall survive the termination of your account with us and your discontinued use of the Services. Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any change to this Provision (other than a change to the Notice Address), you may reject any such change and require us to adhere to the language in this Provision if a dispute between us arises.
We think direct communication resolves most issues – if we feel that you are not complying with these Terms, we will tell you. We will even provide you with recommended necessary corrective action(s) because we value this relationship.
However, certain violations of these Terms, as determined by us, may require immediate termination of your access to the Services without prior notice to you. The Federal Arbitration Act, California state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Except for disputes subject to arbitration as described above, any disputes relating to these Terms, the Services or the Materials will be heard in the courts located in San Diego County, California. If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforce any of these Terms, we are not waiving our rights. These Terms are the entire agreement between you and us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between you and TSBS, LLC dba Teachingsidebyside.com, Teachingsbs.com about the Services. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
CALIFORNIA CONSUMER NOTICE:
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This website and the Services are provided by TSBS, LLC dba Teachingsidebyside.com, Teachingsbs.com. If You have a question or complaint regarding the Service, please contact Customer Service immediately at email@example.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at firstname.lastname@example.org.
What is GDPR?
The European Union (EU) General Data Protection Regulation (GDPR) is a set of regulations coming into effect on May 25, 2018 that enhance the data privacy rights of EU individuals and unify data privacy protections within the EU. The scope of the GDPR covers companies operating in the EU, as well as companies operating outside the EU who offer services to, or monitor the behavior of, EU residents. GDPR is not currently available to and does not include residents of the United States at this time.