Terms & Conditions

Effective Date: October 9th, 2023

1. INTRODUCTION

Welcome and thank you for choosing The Comprehensible Classroom (“Classroom”). The following Terms and Conditions (“Terms”), govern your access to and use of The Comprehensible Classroom’s resources and/or products (“materials”).

2. ACCEPTANCE OF THESE TERMS

By entering The Comprehensible Classroom’s website you are in acceptance of the Terms and Conditions hereinafter. Your use of The Comprehensible Classroom, including placing orders to purchase products, as available, constitutes your agreement to all such terms and conditions. In the event that any of the terms and conditions If you do not accept these Terms then please do not purchase or use any of our materials

3. SITE LICENSE & ACCESS

The Comprehensible Classroom reserves the right to change or withdraw any materials provided on The Comprehensible Classroom’s website, at our sole discretion without notice. The Comprehensible Classroom will not be liable if, for any reason, all or any part of our materials are unavailable at any time or for any period.

The Comprehensible Classroom grants you a limited license to access The Comprehensible Classroom’s website and not to download or modify it, or any portion of it, except with the express written consent of The Comprehensible Classroom. This license does not include any derivative use of The Comprehensible Classroom’s website or its contents or any use of data mining, robots, or similar data gathering and extraction tools.

You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including but not limited to, images, texts, page layouts, or forms) of The Comprehensible Classroom and/or its affiliates without express written consent of The Comprehensible Classroom. You may not use any meta tags or any other “hidden text” utilizing The Comprehensible Classroom’s name or trademarks without the express written consent of The Comprehensible Classroom. Any unauthorized use terminates the permission or license granted by The Comprehensible Classroom should any materials be viewed and/or purchased.  

You may not create a link to The Comprehensible Classroom’s website without express written permission of The Comprehensible Classroom. If permission is granted, such permission will consist of a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of The Comprehensible Classroom’s website (https://comprehensibleclassroom.com/) so long as the link does not portray The Comprehensible Classroom, its affiliates, or their content, products, or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any The Comprehensible Classroom logo or otherwise proprietary graphic or trademark as part of the link without express written permission of The Comprehensible Classroom.

4. PRODUCT LICENSE

The Comprehensible Classroom’s materials are for classroom use only. Each material purchase allows one license per purchaser to use the purchased material in their specific classroom. The purchase of materials in an Individual Account does not allow the material (a) to be transferred from one purchaser to another after the material license has been downloaded or claimed (b) and/or to be retained by a school or department, even if the school or department was the purchaser. Additional licenses and transferable licenses may be purchased through school district accounts only. A transferable license allows a school district's administrator to assign, revoke, and/or transfer a license. A transferable license may only be used by one teacher at a time.

Each purchaser is permitted to share materials with their students in a closed platform that is only accessible to that specific purchaser’s students through the use platforms including but not limited to Google Classroom, Edmodo, Moodle, etc.

5. PROHIBITED USE & RESTRICTIONS

As a purchaser of our materials, you may not:

Misrepresent yourself through our website, misrepresent your identity or organization, or misrepresent any other information in a request for training, curriculum adoption, quote request, or other request;

In any manual or automated manner, copy copyrighted text or otherwise misuse or misappropriate material information or content, including but not limited to, for use on a mirrored, competitive, or third - party website;

Reproduce, distribute, disseminate, or transmit in any form or fashion, whole or in-part, any materials of The Comprehensible Classroom without express written consent;

Violate any key policies of The Comprehensible Classroom, including but not limited to, our Privacy Policy and other end user agreements, that govern your use on our website and our interactions with you and third - parties;

Engage in fraudulent conduct including but not limited to purchasing materials with intent to request a refund of any portion of the payment;

Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of The Comprehensible Classroom; and

Attempt to indirectly undertake any of the foregoing.

6. CLAIMS OF INFRINGEMENT

The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by The Comprehensible Classroom infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow The Comprehensible Classroom to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send The Comprehensible Classroom a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices, counter - notices and false claims with respect to The Comprehensible Classroom should be sent in writing to [email protected]..

7. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

THE INFORMATION, SOFTWARE, AND PRODUCTS (“MATERIAL(S)”) INCLUDED IN OR AVAILABLE THROUGH The Comprehensible Classroom’S WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO CLASSROOM’S WEBSITE AND TO THE INFORMATION THEREIN. CLASSROOM AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN CLASSROOM’S WEBSITE AT ANY TIME.

CLASSROOM AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS CONTAINED WITHIN THE COMPREHENSIBLE CLASSROOM’S WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CLASSROOM AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE CLASSROOM SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH CLASSROOM’S WEBSITE. YOU SPECIFICALLY AGREE THAT CLASSROOM IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT CLASSROOM IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN CLASSROOM’S WEBSITE BY ANY THIRD PARTY.

IN NO EVENT SHALL CLASSROOM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE COMPREHENSIBLE CLASSROOM’S WEBSITE, WITH THE DELAY OR INABILITY TO USE CLASSROOM’S WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS OBTAINED THROUGH CLASSROOM’S WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF CLASSROOM’S WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CLASSROOM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN ANY EVENT, CLASSROOM’S LIABILITY TO YOU WILL NOT EXCEED THE AMOUNT PAID BY YOU TO CLASSROOM TO ACCESS CLASSROOM’S WEBSITE IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF A CLAIM BY YOU AGAINST CLASSROOM. IF YOU ARE DISSATISFIED WITH ANY PORTION OF CLASSROOM’S WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING CLASSROOM’S WEBSITE.

8. INDEMNIFICATION

By your use of The Comprehensible Classroom’s materials, you agree to release, defend, indemnify, and hold The Comprehensible Classroom and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your violation of these Terms; (b) your User Content; (c) your interaction with any Member or user; and (d) the request or receipt or offer or provision of our materials by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with our materials.

Notwithstanding the foregoing paragraph, if you are a resident of New Jersey, you only agree to release, defend, indemnify, and hold The Comprehensible Classroom and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, harmless from and against any third - party claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your violation of these Terms.

9. CLASS ACTION WAIVER

By using our materials, you acknowledge that The Comprehensible Classroom can only offer you these services under the Terms as presented herein. As partial consideration for your use of our materials, you agree not to sue The Comprehensible Classroom as a class plaintiff or class representative, join as a class member, or participate as an adverse part in any way in a class - action lawsuit against The Comprehensible Classroom regarding your use of our resources and products. Additionally, if you do not agree to any part of these Terms, do not continue use of any of our resources and products. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to the section titled (XI.  CHOICE OF LAW).

10. WAIVER OF SEVERABILITY

No waiver by The Comprehensible Classroom of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such terms or conditions or a waiver of any other terms or conditions, and any failure of The Comprehensible Classroom to assert a right or provision under these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

11. CHOICE OF LAW

The Terms and relationship between yourself and The Comprehensible Classroom shall be governed in all respects by the laws of the state of Vermont. In the event of any legal proceedings arising out of these terms and conditions, the laws in and for the state of Vermont shall govern.

12. REVISION OF TERMS

The Comprehensible Classroom reserves the right, in its sole discretion, to modify these Terms and any other documents incorporated by reference herein, at any time and will send subscribers/users a message. Your use of our resources and products shall indicate to The Comprehensible Classroom that you are in consent to these Term revisions.

13. CONTACT US

If you have any questions, comments or concerns regarding these terms, please contact [email protected].