Welcome to the Teachers and Families Web site, owned and produced by the Network for Instructional TV, Inc. ("we," "us," or "our"). This Web site offers a wide variety of information and services, and is intended as a resource for educational information.

1. THIS IS A CONTRACT - READ IT CAREFULLY

By using this Web site, you agree to be contractually bound to these Terms and Conditions of Use ("Terms of Use"). Your use of this site is conditioned upon your continued compliance with these Terms of Use, which may be updated by us from time to time. Accordingly, you should periodically review the most current version of the Terms of Use at: [http://www.teachersandfamilies.com/terms.] If you do not agree to be bound by our Terms of Use, please exit this Web site immediately.

2. USER CONDUCT

As a condition of your use of this Web site, you agree that you will not use any of the resources provided here for any purpose that is unlawful or prohibited by these Terms of Use. You also agree not to engage in any activities that: (a) constitute or encourage a violation of any applicable law or regulation; or (b) infringe the rights of any third party, including, but not limited to, intellectual property rights.

3. PRIVACY

We are concerned with your privacy and encourage you to review our privacy policy, located at http://www.teachersandfamilies.com/privacy. By using this Web site, you agree to our use of your information in accordance with our privacy policy.

4. MINORS

This site is intended for use by adults and children. However, we will not knowingly collect or use any personal information from children under thirteen years old. We will delete any information from our records that we are notified originated from a child younger than thirteen years old.

5. THIRD PARTY CONTENT

You may obtain information, either on this Web site or via links to third-party Web sites that we did not create, such as advertisements, posted content and material accessible via hyperlinks ("Third Party Content"). We do not control Third Party Content and do not guarantee its accuracy, integrity or quality. Under no circumstances will we be liable for any Third Party Content. Among other things, we will not be liable for any errors or omissions or any loss or damage incurred as a result of any Third Party Content posted, stored, emailed or otherwise transmitted over, or accessible through, this Web site. You agree that you must evaluate, and bear all risks associated with, any Third Party Content, as well as any decision by you to rely on its accuracy, completeness, or usefulness. We reserve the right, but do not undertake the obligation, to restrict access to or the availability of material that we or a user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable.

6. PROPRIETARY RIGHTS

You acknowledge and agree that all content and materials available on or through this Web site are protected by copyrights, trademarks, service marks, rights of publicity, trade secrets, or other proprietary rights and laws. Unless expressly authorized by us, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from these materials or content, or make commercial use of them. You may, however, print or download a single copy of the materials or content found at this site for your personal and family non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic or repeated retrieval of data or other content from this site (either manually or automatically, such as through use of bots or intelligent agent software) to create or compile, directly or indirectly, a collection, compilation, database or directory is prohibited. In addition, use of the content or materials for any purpose not expressly permitted by these Terms of Use is prohibited. You may create ordinary links to this Web site. You may not display our Web site in frames, however, without our express permission.

7. PASSWORDS AND USER ID

You may receive a password and account designation upon completing the registration process for our premium services. You are solely and fully responsible for maintaining the confidentiality of your password and account, and are solely and fully responsible for all activities that occur through use of your password or account. You agree to (a) immediately notify us of any unauthorized access to, or use of, your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 7.

8. TERMINATION

You agree that we, in our sole discretion, may terminate your access to this Web site, for any reason or no reason at all. You further acknowledge and agree that any termination may be effected without prior notice, and that we may immediately deactivate any of your accounts and delete all related information and files (including any files created by you). Further, you agree that we will not be liable to you or any third party for terminating your access to this Web site, deactivating accounts or deleting files, subject to our limited refund policy, which may be found at http://www.teachersandfamilies.com/refund.

9. DISCONTINUANCE OF SERVICE

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Web site (or any part of it), either with or without notice. You agree that we will not be liable to you or to any third party for modifying, suspending or discontinuing this Web site.

10. REFUNDS AND CREDIT FRAUD

Upon your email request to us, we will cancel your subscription to our premium services and refund to your credit card account a pro rated portion of your subscription fee, based on the number of days left in your subscription period. Please send all cancellation requests using the form at http://www.teachersandfamilies.com/tandfmail.cfm. If you believe that your credit card has been used fraudulently, please contact your bank or credit card company. Federal law limits the amount that you can personally be held liable for credit fraud on the Internet. We will not be liable for any claim of credit card fraud made by you more than 90 days after the alleged fraud occurred.

11. DISCLAIMER OF WARRANTIES
YOU AGREE THAT:

A. IF YOU USE THIS WEB SITE, YOU DO SO AT YOUR OWN AND SOLE RISK. THIS SITE, AND ANY INFORMATION, CONTENT OR MATERIALS AVAILABLE THROUGH IT, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

B. WE DO NOT WARRANT THAT (i) THIS SITE WILL MEET YOUR REQUIREMENTS, (ii) THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL CODE; (iii) ANY INFORMATION THAT YOU MAY OBTAIN ON THIS SITE WILL BE TIMELY, COMPLETE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS SITE WILL MEET YOUR EXPECTATIONS, (v) ANY INFORMATION YOU PROVIDE OR WE COLLECT WILL BE KEPT CONFIDENTIAL, OR (vi) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED.

C. IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF THIS WEB SITE, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU IN CONNECTION WITH SUCH ACTIONS.

D. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM THIS WEB SITE WILL CREATE ANY ADDITIONAL WARRANTIES OR SUPPLEMENT ANY WARRANTIES EXPRESSLY STATED HEREIN.

12. LIMITS ON LIABILITY

A. YOU EXPRESSLY AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR INABILITY TO USE THIS WEB SITE; (ii) THE COST OF REPLACEMENT OF ANY GOODS, SERVICES OR INFORMATION PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM, THIS SITE; (iii) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF INFORMATION THAT YOU PROVIDE TO US; (iv) STATEMENTS, CONDUCT OR OMISSIONS OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON THIS SITE; OR (v) ANY OTHER MATTER RELATING TO THIS SITE.

B. WE WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS OF USE WHERE SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING NATURAL CATASTROPHES, GOVERNMENTAL ACTS OR OMISSIONS, LAWS OR REGULATIONS, TERRORISM, LABOR STRIKES OR DIFFICULTIES, COMMUNICATIONS SYSTEMS BREAKDOWNS, HARDWARE OR SOFTWARE FAILURES, TRANSPORTATION STOPPAGES OR SLOWDOWNS OR THE INABILITY TO PROCURE SUPPLIES OR MATERIALS.

C. IN NO EVENT WILL THE AGGREGATE LIABILITY OF US TO YOU OR ANY THIRD PARTY IN CONNECTION WITH THESE TERMS OF USE EXCEED THE SUM OF TWO HUNDRED ($200) DOLLARS.

13. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 11 AND 12 MAY NOT APPLY TO YOU.

14. INDEMNITY

You agree to indemnify us, all parent, subsidiary and affiliate entities, and all of our and their officers, agents, and employees, and hold all such persons and entities harmless from any claim, demand, judgment or damage obtained, made or asserted by any third party and relating to: (a) your use or misuse of this site; (b) your connection to this site; (c) the use of your account, password or user ID (whether by you or others); (d) your breach of these Terms and Conditions; or (e) your violation of any rights of another person. You further agree to pay all reasonable attorneys' fees incurred in connection with a potentially indemnifiable claim.

15. JURISDICTION AND PROFESSIONAL AFFILIATIONS

The Internet can be accessed from virtually anywhere. Any professionals identified on this Web site are licensed only in their particular states or jurisdictions. Nothing on this Web site is intended (nor should it be implied) to constitute an attempt to practice or solicit business in jurisdictions where a given professional is not licensed or permitted to practice.
The information on this site is for informational purposes only and is not intended to constitute or substitute for, and in fact is not, professional advice. We control and operate this Web site from Virginia. If you use this site from other locations you are responsible for complying with applicable local laws.

16. CLAIMS, ARBITRATION, CHOICE OF LAW AND DISPUTE RESOLUTION

The Terms of Use and the relationship between you and us will be governed and construed in accordance with the laws of the Commonwealth of Virginia, except that the you and we agree in accordance with Section 59.1-501.4, that the provisions of Chapter 43 (the Uniform Computer Information Transactions Act) shall not apply to the Agreement. All disputes arising out of or relating to the formation, interpretation, or alleged breach of this Agreement will be determined and settled by binding arbitration to take place exclusively in Reston, Virginia, in accordance with the commercial rules of the American Arbitration Association. Any award rendered by the arbitrator will be final and binding on you and us, and may be entered as a judgment by any court of competent jurisdiction. In the event any provision of this contract is deemed not to be enforceable, this paragraph is nonetheless intended to be construed to compel arbitration to the fullest extent possible. Any claims brought against us must be filed within one (1) year of the date the claim arose or will be forever barred.

17. COMPLETE AGREEMENT NOT SUBJECT TO MODIFICATION

These Terms of Use constitute the entire agreement between you and us and govern your use of this Web site, superceding any prior agreements between you and us. No one is authorized to vary these Terms of Use (including our employees). Our failure to exercise or enforce any right or provision will not constitute a waiver of our right to do so. If any provision of these Terms of Use is found to be invalid or unenforceable, the parties nevertheless agree that full effect should be given to the parties' intentions as reflected in the provision, and that the other provisions of these Terms of Use will remain in full force and effect.

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