TeachQue Terms of Use
Welcome to TeachQue! TeachQue, (referred to in this policy as “TeachQue”, “TQ”, “us”, “we”, or “our”), owned by MQStudio has adopted the following Terms of Service which govern your relationship with TeachQue and provide important information about your legal rights (“Terms”).
Scope
Before you become a member of TeachQue, you must read and accept all of the terms in, and linked to, this User Agreement and the TeachQue Privacy Policy. This Agreement applies
to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.
By accepting our Terms and Conditions, you agree that this User Agreement and Privacy Policy will apply whenever you use the TeachQue site as well as any tools we make available to
interact with the TeachQue site.
TeachQue is a Venue
TeachQue acts as a venue to allow users to offer, sell and buy original teaching resources and new/used teaching materials/supplies within a fixed-price format.
TeachQue is not directly involved in the transaction between the buyers and the seller. As a result, TeachQue has no control over the quality, safety, morality or
legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items.
TeachQue does not pre-screen users or the content or information provided by users. TeachQue cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, TeachQue does not transfer legal ownership of items from the seller to the buyer. TeachQue cannot guarantee the true identity, age, and nationality of a user.
TeachQue encourages you to communicate directly with potential transaction partners through the tools available on the TeachQue site. You may also choose to consider using a third-party escrow service or services that provide additional user verification. You and TeachQue are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. You agree that TeachQue is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on TeachQue service at your own risk.
Using TeachQue
While using the TeachQue site, TeachQue services and tools, you will NOT:
* Post content or items in an inappropriate category or areas on our sites and services.
* Violate any laws, third party rights or TeachQue policies, such as the Acceptable Use Policy.
* Use our site, services or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services or tools.
* Fail to deliver payment for items purchased by you, unless the seller has materially changed the item’s description after you have purchased or a clear typographical error is made.
* Fail to deliver items purchased from you, unless the buyer fails to meet the posted terms
* Manipulate the price of any item or interfere with other users’ listings.
* Circumvent or manipulate our fee structure, the billing process, or fees owed to TeachQue.
* Post false, inaccurate, misleading, defamatory, or libelous content (including personal information).
* ‘Stalk’ or otherwise harass anyone
* Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to TeachQue).
* Transfer your TeachQue account (including feedback) and User ID to another party without our consent.
* Distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes.
* Post, email, or otherwise make available content that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability
* Distribute viruses or any other technologies that may harm TeachQue, or the interests or property of TeachQue users.
* Collect personal data or user email addresses without their consent.
Listing Conditions
By listing an item on the TeachQue site, you assume full responsibility for the content of the listing and item offered, and accept the following listing conditions:
When you list an item on TeachQue site, your listing will be posted on the TeachQue site. Your listing may not be immediately searchable by keyword or category for some delay, so TeachQue can not guarantee exact listing durations. You also warrant that you and all aspects of the item comply with TeachQue’s published policies and that you may legally sell the item. You must accurately describe your item and all terms of sale in your TeachQue store. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the “in stock” quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.
As a User of our Services, you are required to follow our Seller Guidelines which are incorporated as part of our Terms of Service.
Abusing TeachQue
If TeachQue users are found abusing the TeachQue site, services, and tools we may limit, suspend or terminate our service and user accounts, prohibit access to our site and the content, services and tools, delay or remove hosted content, and take technical and legal steps to keep users off the site if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. We may also, at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We reserve the right to cancel unconfirmed accounts as well as accounts that have been inactive for a long period of time, or to modify or discontinue the TeachQue site, services or tools. TeachQue also reserves the right to refuse service to anyone, for any reason, at any time.
Please report any problems, offensive content, and policy violations to TeachQue immediately.
Limitation of Liability
You will not hold TeachQue responsible for other users’ content, actions or inactions, items they list or their destruction of allegedly fake items. We are not involved in the actual transaction between buyers and sellers. While we may help facilitate the resolution of disputes, we have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item. We do not transfer legal ownership of items from the seller to the buyer. New Jersey Title 12a Commercial Transactions – “Uniform Commercial Code” and Uniform Commercial Code 2-401(2) applies to the transfer of ownership between the buyer and the seller, unless the buyer and the seller agree otherwise. Further, we cannot guarantee continuous or secure access to our site, services or tools, and operation of our site, services or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use or your inability to use our site, services and tools.
Release
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Fees and Services
TeachQue has a free membership and premium membership with an annual fee. TeachQue Fee Policy is subject to change at any time and is incorporated into this Agreement by reference. Changes to the Fee Policy and the fees for TeachQue’s services are effective after TeachQue provides you with at least fourteen (14) days’ notice by posting the changes on the Site. TeachQue may choose to temporarily change the fees for promotional events such changes are effective when TeachQue posts the temporary promotional event on the Site. TeachQue may, At TeachQue’s sole discretion, change some or all of TeachQue’s services at any time. In the event TeachQue introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD). You are responsible for paying all fees and applicable taxes associated with using TeachQue. TeachQue keeps accepted payment information on file. If TeachQue terminates a listing or chooses to terminate your account, if you close your account, or if the payment of your TeachQue fees cannot be completed for any reason, you remain obligated to pay TeachQue for all unpaid fees plus any penalties, if applicable. If the storekeeper’s account is not paid in full and becomes past due, the storekeeper risks suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, contact TeachQue.
Content
The TeachQue site may provide you and others with the opportunity to participate in blogs, groups, feedback, and other communication functionality and may provide you with the opportunity,
through such features or otherwise, to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to TeachQUe, including, without limitation, photographs,
writings, computer graphics, pictures, data, questions, comments, suggestions or personally identifiable information (collectively, “User Content”).
TeachQUe does not claim ownership rights in your Content. You grant TeachQue a license solely to enable TeachQue to use any information or Content you supply TeachQue with, so that TeachQue
is not violating any rights you might have in that Content. You grant TeachQue a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right
to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree
to allow TeachQue to store or re-format your Content on TeachQue and display your Content on TeachQue in any way as TeachQue chooses. TeachQue will only use personal information in accordance
with TeachQue’s Privacy Policy.
As part of a transaction, you may obtain personal information, including email address and shipping information, from another TeachQue user. Without obtaining prior permission from the other
user, this personal information shall only be used for that transaction or for TeachQue-related communications. TeachQue has not granted you a license to use the information for unsolicited
commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any TeachQue user to your email or physical mail list. For more information,
see Made By Teachers’s Privacy Policy.
By posting content on TeachQue, it is possible for an outside website or a third party to re-post that content. You agree to hold TeachQue harmless for any dispute concerning this use.
If you choose to display your own TeachQue-hosted image on another website, the image must provide a link back to its listing page on TeachQue.
Information You Submit
TeachQue considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and TeachQue shall not be liable for the disclosure or use of such Material. If, at TeachQue’s request, any member sends Material to improve the site, TeachQue will also consider that Material to be non-confidential and non-proprietary and TeachQue will not be liable for use or disclosure of the Material. Any communication by you to TeachQue is subject to this Agreement. You hereby grant and agree to grant TeachQue, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
Furthermore TeachQue is not responsible for the availability of outside websites or resources linked to or referenced on the Site. TeachQue does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that TeachQue shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
Privacy
We do not sell your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the TeachQue Privacy Policy. Users’ privacy is very important to us. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide by signing-in to your account. For a complete description of how we use and protect your personal information, see the TeachQue Privacy Policy. If you object to your information being transferred or used in this way, please do not use our services.
Legal Disputes
If a dispute arises between you and TeachQue, you and TeachQue agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a “Claim”) in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly at support@teachque.com to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
(Law and Forum for Legal Disputes) This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against TeachQue must be resolved exclusively by a state court located in San Francisco, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the court located within San Francisco, California for the purpose of litigating all such claims or disputes.
(Arbitration Option) For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.?(Improperly Filed Claims) All claims you bring against TeachQue must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to the Legal Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Legal Disputes Section, TeachQue may recover attorneys’ fees and costs up to $1000, provided that TeachQue has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim. TeachQue will not make judgments regarding legal issues or claims.
Intellectual Property
TeachQue, TeachQue graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade dress of MQStudio in the U.S. and/or other countries. TeachQue’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
No Warranty
TEACHQUE, MQSTUDIO’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS PROVIDE TEACHQUE’S WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. TEACHQUE, MQSTUDIO’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND TEACHQUE’S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM MADE BY TEACHERS SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
Limitations of Liability>
UNDER NO CIRCUMSTANCES SHALL TEACHQUE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF TEACHQUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE TEACHQUE SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE TEACHQUE SITE OR THE SERVICE, FROM INABILITY TO USE THE TEACHQUE SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE TEACHQUE SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE TEACHQUE SITE OR THE SERVICE OR ANY LINKS ON THE TEACHQUE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE TEACHQUE SITE OR THE SERVICE OR ANY LINKS ON THE TEACHQUE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
Indemnity
You agree to indemnify and hold TeachQue (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
Disclosures
The services hereunder are offered by TeachQue (owned by MQStudio).