terms of service
We are excited to provide an innovative set of educational curricula, assessments, and services for educational institutions that focus on improving 21st century skills such as collaboration as well as STEM (Science, Technology, Engineering and Math) skills, focused on problem solving using the engineering design cycle.
This website (the “Site”) has been developed as part of the educational and marketing activities of The TeamBuilders Group, and its subsidiaries and affiliates (collectively, “The TeamBuilders Group”) to assist and support users in learning about and benefiting from our products and services. In order to ensure appropriate use of the site, we have some rules you need to follow, so it’s important for you to read these Terms of Service very carefully.
Although the language in these Terms of Service is simple, the intentions are serious. These Terms of Service form a contractually binding, legal document between The TeamBuilders Group, and you, governing the use of our websites, curricula, assessments, educational programs, mobile products, classroom materials, and other services.
COMPLIANCE AND DISCLOSURE
The TeamBuilders Group reserves the right to contact you in connection with our or your compliance with, and the performance of, these Terms or any activities related to our Services.
By accessing our websites and using our Services, you acknowledge and agree that The TeamBuilders Group may keep records of activities or content in connection with the Services. The TeamBuilders Group may also disclose these activities or content in connection with the Services if required to do so by the law or in the good faith belief that this action is reasonable and necessary to: Comply with the law or legal process; Enforce these Terms of Service; Respond to claims that the activities in connection with the Services that violate the rights of third parties; or To protect the rights, property, or personal safety of The TeamBuilders Group, Service users, or the public.
NO LIABILITY FOR THIRD PARTY WEBSITES OR SERVICES
MODIFICATION OF TERMS
USE OF SERVICES
This Agreement lists rules and guidelines for using our Services, including (but not limited to) how these Services can be copied or used. By accessing, registering for or using the Services, you agree to be bound by the following rules:
The TeamBuilders Group Code of Conduct
The TeamBuilders Group gives students and teachers an innovative set of learning resources and experiences including curricula and assessments some of which are web-based and some of which reply on in-person contact with materials, peers, and instructors. “User Posts” refer to all information, data, text, utterances, nonverbal communication, software, music, sound, photographs, graphics, video, messages, tags, or other materials – whether publicly communicated/posted or privately shared/transmitted during the use of the The TeamBuilders Group Services.
By using The TeamBuilders Group and participating in the The TeamBuilders Group Services, you agree that your User Posts will not contain anything that is or could appear to be:
Threatening, bullying, harmful, stalking another user, harassing, hateful;
Racially, ethnically, or otherwise objectionable;
Untrue, misleading, libelous, invasive to another person’s privacy or protected data;
Pornographic, sexually explicit, unlawful or plagiarized;
Infringing or allegedly infringing on a third party’s intellectual property rights, including patent, trade secret, copyright, trademark, right of publicity or other proprietary rights;
Anything that you do not have the legal right to transfer;
Anything that you are legally bound not to disclose under contractual or fiduciary relationships including, but not limited to, inside information or proprietary and confidential business information;
Unsolicited, undisclosed, or unauthorized advertising;
Software viruses or any other malicious computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunication equipment;
Data or information obtained by the unauthorized access of another’s computer or account with which such a posting or submission would constitute unauthorized use; and
Any other post or submission that violates applicable local, state, national or international law, regulation or statute (including export laws).
The TeamBuilders Group takes conduct and use violations very seriously. If you use the Services in a prohibited way listed above, or if you use the Services in a way that The TeamBuilders Group deems to be unacceptable, it will result in immediate account suspension or cancellation and the possibility that The TeamBuilders Group will pursue civil remedies without providing advance notice.
Responsibility for User Posts
Any User Posts that are either communicated publicly or privately on the The TeamBuilders Group Services is the sole responsibility of the user who posted it. Your access to the The TeamBuilders Group Services and User Posts is AT YOUR OWN RISK. The TeamBuilders Group cannot be held responsible for any damage resulting from errors or omission in User Posts or User Data or any damage that is suffered as a result.
User Post Content Disclaimer
The TeamBuilders Group Services may contain User Posts or links to content that direct you to third-party websites you find inappropriate or offensive. The TeamBuilders Group has no way to control nor does it have a duty to take any action with regard to how you interpret or use content on The TeamBuilders Group Services. You are solely responsible for how you view and interpret User Posts on the The TeamBuilders Group Services.
User Identity Disclaimer
While the online component of The TeamBuilders Group’s services is a closed, educational environment, The TeamBuilders Group cannot guarantee the identity of any users with whom users interact on our Services or access data you have provided to The TeamBuilders Group. The TeamBuilders Group also cannot guarantee which users gain access to the Services.
A Note to Parents/Guardians Regarding User Posts:
Some of the services provided by The TeamBuilders Group are provided in an online learning environment and other services are provided in the classroom environment, both are meant for educational use. Our services are either provided on the Internet or data that is collected in the classroom is later shared using the Internet. As with every Internet-based service, it is important to be aware of your surroundings and to be smart about the information you post online. The TeamBuilders Group encourages parents to stress the importance of and talk about online safety with their children, and to discuss best practices for using online services. A great resource about talking to your children about being online can be found here.
MONITORING USER POSTS
The TeamBuilders Group expressly disclaims any and all liability in connection with User Posts. BY USING OUR SERVICES, YOU UNDERSTAND AND AGREE THAT The TeamBuilders Group RESERVES THE RIGHT, BUT DOES NOT ASSUME RESPONSIBILITY, TO MONITOR USER POSTS ON OUR SERVICES. ALL CONTENT ON THIS WEBSITE IS PRESENTED TO YOU “AS IS” AND “AT YOUR OWN RISK.”
The TeamBuilders Group reserves the right to modify or remove User Posts in it sole discretion and without prior notice. The TeamBuilders Group also reserves the right to terminate a user’s account and access to Services at any time in its sole discretion and without prior notice.
The TeamBuilders Group respects the intellectual property rights of others and expects you to do the same with The TeamBuilders Group and third party intellectual property. To the extent permitted by applicable law, you are NOT ALLOWED to:
decompile, disassemble, or electronically transfer our Services to third parties;
modify our Services in any way;
reverse engineer, or permit others to reverse engineer, our Services;
copy the user manuals, help features, user forums and other documentation associated with our Services;
rent, lend, publicly perform, present, broadcast or distribute our Services;
make derivative works of our Services;
translate our Services into another computer language;
use our Services on a device that you do not own or control; or
copy, modify, transfer, or use our Services in a way that is not specifically mentioned by us in these Terms of Service.
Harmful or Illegal Use
By using the Services, you agree to respect The TeamBuilders Group and fellow Service users. To the extent permitted by applicable law, you are NOT ALLOWED to:
permit multiple users to share a single user name to our Services;
attempt to access other networks or accounts that do not belong to you on our network;
undergo any act that interferes with the Services of another user or network;
circumvent security measures on the network or our Services;
engage in illegal activities or engage in activities harmful to the operations of The TeamBuilders Group, our Services or other customers and users;
use the network or Services to collect or use any personally identifiable information (“PII”) including, without limitation, account names, email addresses, User Posts or other User Data;
engage in terroristic activities;
send or store infringing, obscene, libelous, or otherwise unlawful or tortious material, including material that is harmful to children or that violates any third party IP or privacy rights; or
Provide false data on any of the Services.
INTELLECTUAL PROPERTY RIGHTS
The content provided in the Services, except all User Posts, is owned by or is licensed to The TeamBuilders Group. This includes, but is not limited to the text, graphics, photos and interactive features created by and for The TeamBuilders Group (collectively, “The TeamBuilders Group Content”). This also includes trademarks, service marks, and logos contained in our Services (“The TeamBuilders Group Marks”), subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. By registering for our Services, you are not granted a right or license to the The TeamBuilders Group Content or Marks.
The The TeamBuilders Group Content and Marks displayed on our Services are provided to you under this agreement AS IS for educational use alone. The TeamBuilders Group Content must not be copied, reproduced, transmitted, distributed, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever. This includes any use, copying, or distribution of The TeamBuilders Group Content obtained through the Services for any commercial purpose.
If you believe that your work has been copied in a way that constitutes copyright infringement, you must provide The TeamBuilders Group with the following information via email to email@example.com:
An electronic or physical signature of the person authorized to act on behalf of the copyright owner or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the allegedly infringing material is located on the The TeamBuilders Group Services, with enough detail that we are able to find it on the Services;
Your Address, Telephone Number, and Email Address where you may be reached;
A statement by you that you have a good faith belief that the use of the material is not authorized by copyright or intellectual property owner, it’s agent, or the law;
A statement made by you, under the penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or that you are authorized to act on their behalf;
USER DATA AND ACCOUNTS
The TeamBuilders Group owns all data, information, or material that Users submit to the Services (“User Data”). The TeamBuilders Group cannot be held responsible for the deletion, correction, destruction, damage, loss or failure to store any User Data.
If your information changes, it is your responsibility to update your account to reflect these changes. If The TeamBuilders Group feels that your account information is not complete, current, or accurate, or that your account violates these Terms of Service, The TeamBuilders Group may suspend or terminate your account.
A designated school administrator or teacher will be in charge of creating student accounts for The TeamBuilders Group Services for his or her classroom once parental consent is explicitly obtained or implicitly granted by agreeing to the school’s Acceptable Use policies. Parents should always consult the school’s Acceptable Use policies and practices for protecting their children on the Internet.
Student Accounts for Children Under 13 Years Old
The Children’s Online Privacy and Protection Act (COPPA) requires us to obtain parental consent from a child’s parent or legal guardian before we can collect personal information from children under 13 years of age. Therefore, we only collect personal information through the Services from a student under 13 where that student’s school, district, or teacher has agreed to obtain parental consent for that child to use the Services and disclose personal information to us.
TERM AND TERMINATION
Termination or Cancellation by The TeamBuilders Group
The TeamBuilders Group reserves the right, at its sole discretion, to terminate your password, account, or use of the Services and may withhold, remove and/or delete User Data without notice if you materially breach this Agreement. A material breach of this Agreement includes, but is not limited to, your failure to abide by these Terms and Conditions.
If The TeamBuilders Group suspends or cancels your account, your right to use the Services will stop immediately. Once your account is cancelled and deleted, you will not have access to any User Data that you contributed on our Services.
REPRESENTATIONS AND WARRANTIES
The TeamBuilders Group’S REPRESENTATIONS AND WARRANTIES
The TeamBuilders Group represents and warrants that in performing the Services provided in this Agreement that:
It has the authority and is legally able to form a binding contract with you;
It will, at a minimum, conform to generally accepted industry standards and practices;
It will be qualified by education and experience to perform the duties required in this Agreement; and
It is sufficiently staffed and equipped to fulfill its obligations under this Agreement.
YOUR REPRESENTATIONS AND WARRANTIES
By registering for and using our Services:
You represent and you warrant that you are legally able to form a binding contract with The TeamBuilders Group (either for yourself or on behalf of your child), and you are not barred from receiving Services under the laws of the United States or other jurisdictions.
If you are a Teacher, you represent and warrant that you are authorized and have permission to use the The TeamBuilders Group Services in your classroom.
If you are a Teacher, you also warrant and represent that you can enter this legal contract on behalf of your district or school.
If you are a school, district, or teacher, you warrant and represent to The TeamBuilders Group that you are solely responsible for complying with COPPA, and you will obtain advance, written consent from all parents and guardians of students under the age of 13.
You agree to provide current and accurate identification, contact, and other information as part of the registration process for access to our Services.
You agree to be solely responsible for all content on your account. Your account, including your username and password, are personal to you and should not be used by any other user or legal entity.
You agree to be solely responsible for maintaining the confidentiality of your account information, and you are responsible for all activities that occur under your account.
You agree to immediately notify The TeamBuilders Group of any unauthorized use of your account or any other breach of security. The TeamBuilders Group will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your account secure.
You understand that all User Posts and User Data are the sole responsibility of the account owner from which the User Post or User Data originated.
The TeamBuilders Group reserves the right, but does not assume the responsibility, to monitor or review any activity on The TeamBuilders Group’s Services. You agree that you are responsible for the conduct of your account and any User Data that is created, transmitted, stored, or displayed by, from, or within your account while using the Services. You will be held responsible for any consequences, legal or otherwise, that arise from your use of the Services.
You agree that you will not engage in any activity that interferes with or disrupts The TeamBuilders Group services or servers or networks connected to The TeamBuilders Group services.
You represent and you warrant that you will not use The TeamBuilders Group Services in any way considered “prohibited” (please read the “Use of Services” section above for more information). These actions are subject to the strict regulation of The TeamBuilders Group and are grounds for suspension or termination of your account.
By accessing, registering for, using, or downloading our Services you agree to indemnify, defend and hold harmless The TeamBuilders Group, its officers, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors from any liability, loss, claim and expense (including attorneys’ reasonable fees) related to:
Any claim due to or arising out of your violation of the Terms of Service, including but not limited to a claim arising out of a breach of your representations or warranties made under these Terms of Service;
Your use of and/or access (or any use or access by a third party on your account) to the websites or Services;
Your violation of any third party right, including without limitation, any copyright, property, moral or privacy right; or
The unavailability of websites or Services.
In the event that a claim, suit, or action (“Suit”) is brought against you, we will provide notice of this Suit to your contact information we have on file.
LIMITATION OF LIABILITY
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with our Services is to request that your user profile be deleted and to stop using the Services.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL The TeamBuilders Group, ITS OFFICERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE The TeamBuilders Group SERVICES, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER The TeamBuilders Group HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO The TeamBuilders Group SERVICES WILL NOT BE MORE THAN THE AMOUNTS PAID BY YOU TO The TeamBuilders Group DURING THE PRIOR THREE MONTHS IN QUESTION.
THE The TeamBuilders Group SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS THAT ARE ASSOCIATED WITH THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. The TeamBuilders Group IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM THESE PROBLEMS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, The TeamBuilders Group SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. The TeamBuilders Group DOES NOT WARRANT THAT ITS SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SERVICES WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA. YOU AGREE THAT YOUR USE OF The TeamBuilders Group SERVICES IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A The TeamBuilders Group AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY.
EXCLUSIONS AND LIMITATIONS
Some states and/or jurisdictions do not allow the exclusion of implied warranties or for liability limitations to be placed on certain types of damages (including incidental or consequential damages). Nothing in this Agreement is intended to exclude or limit any condition, warranty, right or liability that may not be lawfully excluded or limited.
NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in these Terms of Service, there will not be third party beneficiaries to the Terms of Service.
You acknowledge and agree that no joint venture, partnership, employment or agency relationship is intended or created between you and The TeamBuilders Group by this Agreement.
You agree that The TeamBuilders Group may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on The TeamBuilders Group Services.
Choice of Law and Forum
The Terms of Service and the relationship between you and The TeamBuilders Group are governed by the laws of the Commonwealth of Pennsylvania. You and The TeamBuilders Group agree to submit to the personal and exclusive jurisdiction of the courts located within Allegheny County, Pennsylvania.
Location and Data Transfers
Our Services and the servers that make the The TeamBuilders Group website available may not be located in the country where you live and are governed by U.S. Law. By using the The TeamBuilders Group services, you agree to the transfer, collection, processing and use of data by The TeamBuilders Group.
The TeamBuilders Group may assign or transfer (whether by merger, reorganization, consolidation, Intellectual Property or otherwise) this Agreement or any obligation incurred under this Agreement. The TeamBuilders Group may assign this Agreement without your consent to a subsidiary or affiliated company that currently exists or that may be created in the future. This Agreement will be binding upon and inure to the benefit of the parties and their respective successors.
Waiver and Severability of Terms
If any provision of this Agreement is illegal or unenforceable, that provision is severed from this Agreement and the other provisions remain in force. If The TeamBuilders Group does not enforce any right or provision in this Agreement, it does not create a waiver of these rights of provisions unless they are acknowledged or agreed by The TeamBuilders Group in writing.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of The TeamBuilders Group Services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
QUESTIONS OR ADDITIONAL INFORMATION