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OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS
SITE.
By using this site, you signify your assent to these terms of use. If
you do not agree to these terms of use, please do not use the site. We
reserve the right, at our discretion, to change, modify, add, or remove
portions of these terms at any time. Please check these terms periodically
for changes. Your continued use of FirstTeacherTLC.com following the posting
of changes to these terms (including the FirstTeacherTLC.com Privacy Policy
and House Rules) will mean you accept those changes.
RESTRICTIONS ON USE OF MATERIALS
This site is owned and operated by FirstTeacherTLC.com LLC (referred to
as "FirstTeacherTLC.com," "we," "us," or
"our" herein).
No material from FirstTeacherTLC.com or any Web site owned, operated,
licensed, or controlled by FirstTeacherTLC.com may be copied, reproduced,
republished, uploaded, posted, transmitted, or distributed in any way,
except that you may download one copy of the materials on any single computer
for your personal, noncommercial home use only, provided you keep intact
all copyright and other proprietary notices. Modification of the materials
or use of the materials for any other purpose is a violation of FirstTeacherTLC.com's
copyright and other proprietary rights. For purposes of these terms, the
use of any such material on any other Web site or networked computer environment
is prohibited. All trademarks, service marks, and trade names are proprietary
to FirstTeacherTLC.com. In the event you download software from the site,
the software, including any files, images incorporated in or generated
by the software, and data accompanying the software (collectively, the
"Software") are licensed to you by FirstTeacherTLC.com. FirstTeacherTLC.com
does not transfer title to the Software to you.
COMMUNICATIONS
You shall not upload to, distribute through, or otherwise publish through
FirstTeacherTLC.com any content that is libelous,
defamatory, obscene, pornographic, threatening, invasive of privacy or
publicity rights, abusive, illegal, or otherwise objectionable that would
constitute or encourage a criminal offense, violate the rights of any
party, or that would otherwise give rise to liability or violates any
law.
This site shall be used only in a noncommercial manner. You shall not,
without our express approval, distribute or otherwise
publish any material containing any solicitation of funds, promotion,
advertising, or solicitation for goods or services. You
specifically acknowledge that soliciting other FirstTeacherTLC.com guests
to join or become members of any commercial online service or other organization
is expressly prohibited. You must also follow the House Rules whenever
you are using
FirstTeacherTLC.com.
It is our policy to respect the privacy of all guests. Therefore, in addition
to the privacy of Registration data (see our Privacy
Policy), we will not monitor, edit, or disclose the contents of a guest's
e-mail unless required in the course of normal maintenance of FirstTeacherTLC.com
and its systems or unless required to do so by law or in the good-faith
belief that such action is necessary to: (1) comply with the law or comply
with legal process served on FirstTeacherTLC.com; (2) protect and defend
the rights or property of FirstTeacherTLC.com; or (3) act in an emergency
to protect the personal safety of our guests or the public. Guests shall
remain solely responsible for the content of their messages.
By uploading materials to the site or submitting any materials to us,
you automatically grant (or warrant that the owner of such rights has
expressly granted) us a perpetual, royaltyfree, irrevocable, nonexclusive
right and license to use, reproduce, modify, adapt, publish, translate,
create derivative works from, and distribute such materials or incorporate
such materials into any form, medium, or technology now known or later
developed throughout the universe. In addition, you warrant that all so-called
moral rights in those materials have been waived
.
JURISDICTION
Unless otherwise specified, the materials in the site are presented solely
for the purpose of promoting programs, films, and other products available
in the United States and its territories, possessions, and protectorates.
This site is controlled and operated by FirstTeacherTLC.com from its offices
within the State of North Carolina, United States of America. FirstTeacherTLC.com
makes no representation that materials in the site are appropriate or
available for use in other locations.
TERMINATION
These terms are effective until terminated by either party. You may terminate
these terms at any time by destroying all materials obtained from any
and all FirstTeacherTLC.com site(s) and all related documentation and
all copies and installations thereof, whether made under the terms of
these terms or otherwise. These terms will terminate immediately without
notice from FirstTeacherTLC.com if in FirstTeacherTLC.com's sole discretion
you fail to comply with any term or provision of these terms. Upon termination,
you must destroy all materials obtained from this site and any and all
other FirstTeacherTLC.com site(s) and all copies thereof, whether made
under the terms of these terms or otherwise.
DISCLAIMER
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, FIRSTTEACHERTLC.COM
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FIRSTTEACHERTLC.COM
DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE
UNINTERRUPTED OR ERRORFREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS
SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. FIRSTTEACHERTLC.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE
IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU
(AND NOT FIRSTTEACHERTLC.COM) ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. FURTHERMORE,
FIRSTTEACHERTLC.COM EXPECTS THAT THE USER WILL USE THE INSTRUCTIONS CONTAINED
HEREIN IN A MANNER CONSISTENT WITH RESPONSIBLE, SAFE PRACTICES. THE USER
ASSUMES ALL RISK AND RESPONSIBILITY IN CONNECTION WITH THESE INSTRUCTIONS.
Further, FirstTeacherTLC.com explicitly disclaims any responsibility for
the accuracy, content, or availability of information found on sites that
link to or from FirstTeacherTLC.com from third parties not associated
with FirstTeacherTLC.com. FirstTeacherTLC.com encourages discretion when
browsing the Internet using our or anyone else's service. Because some
sites employ automated
search results or otherwise link you to sites containing information that
may be deemed inappropriate or offensive,
FirstTeacherTLC.com cannot be held responsible for the accuracy, copyright
compliance, legality, or decency of material
contained in third-party sites, and you hereby irrevocably waive any claim
against us with respect to such sites.
FirstTeacherTLC.com cannot ensure that you will be satisfied with any
products or services that you purchase from a third-party site that links
to or from FirstTeacherTLC.com, since other shop channels are owned and
operated by independent retailers. FirstTeacherTLC.com does not endorse
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confirm the accuracy or reliability of, any of the information contained
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limitation, credit card and other personal information) you might be requested
to give any third party, and you hereby irrevocably waive any claim against
us with respect to such sites. We strongly encourage you to make whatever
investigation you feel necessary or appropriate before proceeding with
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LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL
FIRST TEACHER TLC.COM BE
LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE
USE OF, OR THE INABILITY TO
USE, THE MATERIALS IN THIS SITE, EVEN IF FIRSTTEACHERTLC.COM OR A FIRSTTEACHERTLC.COM
AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU. IN NO EVENT SHALL FIRST TEACHER TLC.COM'S TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER
IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE)
EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
These terms shall be governed by and construed in accordance with the
laws of the State of New York without giving effect to
any principles of conflicts of law. You agree that any action at law
or in equity arising out of or relating to these terms shall be filed
only in the state or federal courts located in the County of New York
and you hereby consent and submit to the personal
jurisdiction of such courts for the purposes of litigating any such
action. If any provision of these terms shall be unlawful, void, or
for any reason unenforceable, then that provision shall be deemed severable
from these terms and shall not affect the validity
and enforceability of any remaining provisions. This is the entire agreement
between us relating to the subject matter herein and
shall not be modified except in writing, signed by both parties.
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