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abcteach Terms of Service and Privacy Policy


TERMS OF SERVICE

1.  General

    1.1 The abcteach.com public and membership websites have been in operation
      since about 2000, providing access to downloadable materials for educators
    and parents. 

    1.2 The abcteach.com website is owned and operated by ABCTEACH LLC, a Michigan
        limited liability company. The names "abcteach" and "abctools" are registered
        trademarks. As used in this Terms of Service and Privacy Policy, "We" and
        "abcteach" and "Site" refer to all websites and services, whether public or
        membership, operated or offered by abcteach. Currently we operate under the
        following base urls: abcteach.com, and members.abcteach.com.

    1.3 abcteach is for use by parents, educators, and others over the age of 18.
        The materials made available by abcteach are intended to be used with and for
        children and students, among others, at the discretion and under the control,
        supervision, and direction of the parents, educators, and other adults who are
        visitors, members, or subscribers to the Site. As used in this Terms of Service
        and Privacy Policy, "you" refers to such visitors, members, or subscribers.

    1.4 By using the Site, you accept and agree to be bound by the following terms.
        We may, solely at our discretion, modify or revise these terms and conditions
        at any time by updating this web page, and you agree to be bound by these
        modifications or revisions. You should visit this page periodically to review
        the terms. From time to time, we will require that you confirm your agreement
        to the terms.

2.  Usage

    2.1 Sharing of password or login information is strictly prohibited. Suspension
        of account access may result from sharing of this information. 

    2.2 Worksheets and other materials available on abcteach, including clip art,
        may be printed or otherwise duplicated for use in your home or your
        classroom(s). Clip art on abcteach is intended as a resource for you in
        creating lessons and teaching materials and the like within your permitted
        usage of the Site.  If you are a paid member, our clip art may be: placed on
        another publication as clip art, or distributed individually on a third-party
        authorship site, if you as a member give abcteach credit for any clip art
        intended to be redistributed.  Giving credit to abcteach requires you to
        mention our name and website on any publications in which you use our clip art
        for redistribution. You may not use our clip art in the design or content of
        another website; or distribute our clip art electronically or by email or text
        or by any other media or social media. Furthermore, Members are prohibited from
        packaging our clip art into their own collections for sale, each clip art
        illustration used for resale, must be used individually, again giving credit to
        abcteach.com.

    2.3 The abcteach copyright appears on every page; we require that this
        copyright remain in place on all reproductions. 

    2.4 Except as provided in section 2.7 below, all of the worksheets and other
        materials available on abcteach are intended for non-commercial educational
        purposes.

    2.5 You may place links to abcteach from your own education website; however,
        copying or uploading abcteach resources and documents to your own site is a
        copyright violation and will be treated as such. Deep linking is not permitted.
        (A "deep link" is a hyperlink that bypasses a website's home page and takes the
        user directly to an internal page. For example, instead of linking to the home
        page of a newspaper, a deep link might take the user directly to a newspaper
        article within the site.) At abcteach, linking directly to a content page
        rather than the home page or a directory page is considered deep linking and is
        not permitted.

    2.6 Under no circumstances may any of the documents, resources, clip art,
        worksheets, or other materials (including text, images, or website design) on
        abcteach be re-sold or re-distributed without the express permission of
        abcteach.

    2.7 We may permit you to use abcteach materials in your creation and sale of
        educational materials produced by you individually, on sites such as Teachers
        Pay Teachers, upon your payment of a separate additional fee and your
        submission of an executed agreement as stated elsewhere on the Site. This would
        offer you a limited non-exclusive license to use abcteach materials within the
        scope of the separate agreement; such permission being terminable at any time
        by abcteach in our sole discretion; you agree that you will immediately cease
        the use, or offering for sale, or sale, of any such educational materials in
        the event we take such action. By using any materials, you acknowledge that
        other members may be acting under similar permissions and creating similar
        materials. 

    2.8 If you desire to use abcteach materials in any other manner, or if you have
        any questions about permissible uses that are not specifically addressed
        here, you should address your inquiry to support@abcteach.

3.  Responsibility for User-Created Content

    3.1 The Site has tools and other features, including but not limited to
        abctools, the abcWorkshop, and other applications, that facilitate the
        creation of user-generated word lists, puzzles, worksheets, and other
        resources. The user-selected content of such user-generated materials is your
        sole responsibility and not that of abcteach. If any other person, including
        children or students, uses your member account to access or use abctools or
        abcWorkshop or any other abcteach application, you agree to and assume
        responsibility for any such materials. 

    3.2 You are responsible for assuring that any materials, lists, documents or
        other documents created with this abcteach tools, resources, and
        applications, are appropriate, and you will not cause or permit the tool to be
        used to create harmful, vulgar, threatening, or otherwise inappropriate
        content.

    3.3 If you share an abcteach document or user-generated document, by any means
        including any of the sharing features or applications or tools found on the
        Site, you are solely responsible for the content of the transmitted materials
        or documents.

    3.4 If any sensitive materials or information or documents from the Site, or
        user-generated materials, are shared or provided to a child under the age of
        13, you agree that you will first obtain express consent from the child's
        parent or guardian(s) to share such documents with the child, and obtain
        permission and/or releases for the use of any user-generated information
        concerning the child or the child's family that may be contained in such
        documents.

4.  License Grant to abcteach

    By posting information on or through our Sites, you automatically grant
    abcteach a royalty-free, perpetual, irrevocable, non-exclusive license to use,
    reproduce, modify, publish, edit, translate, distribute, perform, and display
    the information, alone or as part of other works, in any form, media, or
    technology, whether now known or hereafter developed, and to sublicense such
    rights through multiple tiers of sub-licensees.

5.  Charges, Payments, and Subscription Charges and Cancellation

    5.1 We currently offer one-year and two-year individual memberships for single
        payment, and a monthly plan with payment of an initial setup charge followed
        by monthly payments. We also offer group memberships to schools, districts, and
        groups, the details of which are described separately. The terms and prices of
        individual memberships as they may exist from time to time are stated on the
        Site. We may choose to offer different membership plans. By becoming an
        abcteach member, you agree that we may renew your subscription automatically
        for the same subscription terms on the day after your previous subscription
        ends, and you authorize us to charge you for the subscription term, unless you
        cancel your account prior to its renewal date through the cancellation process,
        as provided in sections 5.4 - 5.6 below.

    5.2 We use third-party payment providers (such as CyberSource and other
        providers) for all credit and debit card and PayPal and similar transactions.
        We do not collect or retain information about user’s credit or debit cards
        or PayPal accounts or other payment mechanism, all of which information is
        retained and used according to secure procedures of the third-party payment
        providers. 

    5.3 Depending on the plan you choose, you will be charged a fee automatically
        through our renewal system. By becoming an abcteach member, you are agreeing
        that we are authorized to charge you the membership fee associated with the
        type of membership (monthly, yearly, or bi-yearly) that you chose during
        registration. You agree that we are authorized to charge you the membership fee
        at the then-current rate to the payment method you provided during
        registration. Please note that prices and charges are subject to change without
        notice. Fees each month may be modified using credit card, debit card, PayPal,
        or other payment methods available through your account. This includes:
        promotional discounts advertised in our weekly member newsletters, or on-brand
        promotional ads. Each renewal payment will take place on or about the
        anniversary of the original date of account registration. If all eligible
        payments methods we have on file for you are declined, you must provide us a
        new payment method promptly or your membership will be canceled. If the renewal
        of your membership fails for any reason, we will attempt to process your
        renewal for a period up to thirty (30) days.

    5.4 Membership Cancellation. You may cancel your membership any time by
        visiting Your Account and adjusting your settings. If you choose to cancel
        your subscription or fail to pay any fees, we may stop your membership. If you
        cancel your membership or are no longer a paid user, you have the option to
        continue use as a free user.  

    5.5 UNLESS YOU NOTIFY US BEFORE A SUBSCRIPTION PAYMENT THAT YOU WANT TO CANCEL
        OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND THAT YOUR ABCTEACH MEMBERSHIP
        WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US TO COLLECT THE THEN-APPLICABLE
        MEMBERSHIP FEE AND ANY APPLICABLE TAXES, USING ANY/ALL ELIGIBLE PAYMENT METHODS
        WE HAVE ON RECORD FOR YOUR ACCOUNT.

    5.6 ALL FEES ARE NON-REFUNDABLE. Termination of your account  may include
        removal of your access to all offerings of the website; including password,
        information, files, and user content associated with your account, and barring
        any further use of abcteach membership services and tools. 

    5.7 We may terminate your membership at our discretion without notice. If we do
        so, we will provide a prorated refund based on the number of days/months
        remaining in your membership. However, we will not give any refund for
        termination related to conduct that we determine, in our discretion, violates
        these terms or any applicable law, involves fraud or misuse of the membership
        agreement, or is harmful to our interests or another use. 

    5.8 By applying for membership, you represent that: you are over the age of 18;
        that you are competent to enter into a contract; that you are the owner of,
        or authorized by the owner, to utilize the credit or debit card or other
        payment mechanism used for the payments; that the information you submit about
        your location and contact information is correct; that you will promptly notify
        us of any change in your email address or payment mechanism; and that you have
        read and agree with the provision of these Terms of Service and Privacy Policy.
        We reserve the right to decline any application for membership, or to change
        the terms and/or conditions of any account at any time, for any reason or no
        reason. 

    5.9 We may offer, on the Site or through other means, and broadly or to limited
        groups of potential members, promotional prices, seasonal pricing, free trial
        memberships, or other special prices and terms. Such promotional activities do
        not affect existing memberships, and abcteach will not provide or offer such
        promotional prices to existing members or users, and will not provide refunds
        or rebates or other price protections.  

PRIVACY POLICY

1.  This Privacy Policy applies to all websites, public and membership,
    operated by abcteach. By providing information to us or using the Site, you
    agree to the terms and conditions of this Privacy Policy.

2.  abcteach will not knowingly send marketing or other messages to children.
    Nor does abcteach knowingly permit children to communicate through the Site
    or to provide personal information to us. 

3.  Types of Information abcteach Does and Does Not Collect

    3.1 Member Registration Information. abcteach collects and stores certain
        information that members, subscribers, and users of the Site are required to
        provide in registering for or subscribing to the Site. Such information can
        vary depending on the nature of the account, and may include personal
        identifying information such as name, email address, school or district
        information, physical address, etc.

    3.2 Electronic Payment and Credit Card Information. abcteach currently utilizes
        third party providers to handle electronic and credit card payment
        transactions, and abcteach does not itself collect or store information
        concerning such payments. If you want to review the privacy policies of such
        third party service providers, please request contact information for those
        providers by contacting abcteach at the one of the addresses given below.

    3.3 Payments by Check or Bank Transfers. When abcteach receives payments by
        check or bank transfers, most often from schools and districts, we collect
        and maintain information about such payments.

    3.4 Information about Usage of the Site. We collect information on usage of the
        Site, which may include pages visited, and downloaded, time on site,
        identifying information about the uses, etc.

    3.5 "Cookies" and other Tracking and Technology Information. abcteach and our
        third party service providers may use cookies and other technologies to
        retrieve and store information about Site usage, browser type, IP addresses,
        pages visited, date and time of usage, etc.

    3.6 Information derived from use of ABCTOOLS and abcWorkshop and other abcteach
        services and products. If a member or others introduce information into the
        system by utilizing any of abcteach's services or products including ABCTOOLS
        or abcWorkshop, it is possible such information will be gathered or stored. You
        represent, by using or permitting such use of the Site by yourself or by others
        or by children, that any personal information that may be included in such
        usage is used with permission and authority, including parental consent, and
        that you represent to us and our service providers that we are permitted to use
        the information.

4.  How We Use Information

    4.1 abcteach may use personal information for any legally permissible purpose,
        including the following:

    4.1.1   Registration and use of the Site.

    4.1.2   Payment for membership or subscriptions or products or services.

    4.1.3   Internal business purposes.

    4.1.4   Newsletters distribution.

    4.1.5   Special offers and marketing relating to abcteach.

    4.1.6   Customer service and problem resolution.

    4.1.7   Enforcement of abcteach intellectual property rights and membership terms and conditions.

    4.1.8   Responding to legal process or governmental requests for information.

    4.1.9   As required under applicable law or regulations.

    4.1.10  In connection with possible future transactions affecting abcteach,
            such as the sale of the Site, or mergers, sales of assets, reorganizations,
            etc. , in which event all or a part of stored information including member and
            user information may be transferred to a successor business or website
            operator.

    4.1.11  As we may require in connection with specific services and products,
            current or future.

5.  Children's Privacy Notice

    Usage of the Site is limited to adults and children are not permitted to use
    the Site. Nor do we request that any personal information be provided by or
    about children including those in your family or classroom. Children under the
    age of 13 are not requested to provide any personal information while using the
    Site. However, to comply with the Children's Online Privacy Protection Act, if
    it is brought to our attention that children under 13 years of age intend to
    use the Site, we reserve the right to require you to seek the consent of
    Parents in order for children under 13 years of age to use the Site in any
    manner that could result in the submission of personal information, and to
    terminate your access to the Site if such consent(s) is not obtained or
    submitted timely. If a member, teacher, or parent uses the Site or any of its
    tools or products in a manner by which a child could disclose personal
    information to others, it shall be a representation by that member, teacher or
    parent that the child's parent has expressly authorized such use and has
    expressly authorized abcteach to collect, store, and distribute the child's
    personal information to other users of the Site. Additionally, such personal
    information may be collected or stored by the cookies and other technologies
    described above. Parents may contact abcteach at the addresses provided below.

6.  Security

    abcteach attempts to secure its information and that of others by using
    reasonable safeguards and procedures. However, no internet or electronic data
    communication, transmission or storage system can be guaranteed to be
    completely secure. For that reason, abcteach cannot and does not guaranty the
    security of information transmitted to or shared with us. You use the Site and
    provide and share information at your own risk. If you have questions or
    concerns, you should not submit or share personal information or other
    sensitive information.

7.  Links to Other Sites

    abcteach does not ordinarily link to other websites. If such links are used,
    those websites or applications will be not be covered by this Privacy Policy.
    Users should review privacy policies of such sites and applications.

8.  Consent to Transfer of Information to the United States and to the
    Application of U.S. Law and Jurisdiction. 

    abcteach is operated and managed by ABCTEACH LLC from within the United States.
    Neither the Site nor its staff nor its owner intend to be governed or subjected
    to the laws or jurisdiction of any other country other than the United States.
    Information provided to abcteach or to its third party service providers will
    be processed, stored, and used in the United States and other countries where
    the service providers or abcteach or affiliates may have operations. By using
    the Site, you irrevocably consent to the transfer of information to the United
    States, or to other countries other than your country of residence, and to the
    storage and use of the information in the United States. You acknowledge and
    agree that, to the extent that the laws of the United States differ from those
    of your country of residence, you consent to the application of the laws of the
    United States to your information and to the relationship between yourself and
    us, and you covenant and agree that you will not assert that other law is
    applicable. Any litigation or court proceedings of any nature concerning the
    relationship between you and abcteach, or to these terms and conditions, or to
    the Privacy Policy, or to any other matter relating to abcteach, shall be only
    and exclusively in the Circuit Court for Oakland County, Michigan, or the
    United States District Court for the Eastern District of Michigan, and you
    irrevocably consent to personal jurisdiction in such forums for any such
    litigation or proceedings.

9.  Indemnification and Hold Harmless

    You agree to indemnify, defend, and hold harmless abcteach, and all related
    parties and services, from any and all liability, penalties, losses, damages,
    costs, expenses, attorneys' fees, causes of action, or claims caused by or
    resulting indirectly from your use of our Sites.

10. No Warranties

    Use of this service is on an "as-is" basis. ALL WARRANTIES, INCLUDING BUT NOT
    LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND
    MERCHANTABILITY, ARE SPECIFICALLY DISCLAIMED. Any contact with any agents of
    this service, either in person or through electronic means does not create a
    warranty.

11. Changes to Our Terms of Service and Privacy Policy

    We may change these Terms of Service and Privacy Policy at any time and such
    changes will become effective when posted to the Site. Your use of the Site
    following such the posting of any revised Terms of Service and Privacy Policy
    means that you accept the revised terms and policy.

12. Contact Information Regarding Terms of Service and Privacy Policy

    Legal questions and concerns should be directed to our General Counsel, whose
    email address is legal@abcteach.com. Alternatively, first class mail addressed
    to General Counsel, ABCTEACH LLC, c/o Bodman PLC, 1901 St. Antoine Street,
    Detroit, Michigan 48226.

Other questions should be directed to Customer Support, whose email address is
support@abcteach.com.

REVISION DATE: August 1, 2017