Terms and Conditions
ACCEPTANCE OF
TERMS
Prepdog.com, a domain and web site owned and operated by 4
Teachers by Teachers, LLC provides its service to you, all service
is subject to the following Terms and Conditions. All or part of
the Terms and Conditions may at any time be updated without notice
to you. When using Prepdog.com you shall be subject to all
guidelines pertaining to the service provided by Prepdog.com,
included in the Terms and Conditions.
DESCRIPTION OF
SERVICE
Prepdog.com provides users, specifically teachers and
parents, a learning tool to help students learn and practice
mathematics, language usage, reading, science, and various other
subjects that maybe added in the future. Unless specifically stated
otherwise all updates will be included under the Terms and
Conditions outlined in this document. You understand and agree that
the Service is provided "as-is" and Prepdog.com and 4 Teachers by
Teachers, LLC assumes no responsibility for timelines (amount of
time to reply or complete a transaction), deletion of data,
misdelivery or the dropping of packets due to Internet connections
beyond the control of Prepdog.com and 4 Teachers by Teachers, LLC,
and or the failure to store user communications or personalized
settings.
In order to access the service of Prepdog.com it is up to you to
obtain Internet access through which ever means possible, you are
responsible for any fees associated with Internet access.
Prepdog.com and 4 Teachers by Teachers, LLC does not provide
Internet access or any equipment necessary to access the Internet
as part of service.
REGISTRATION OR
MEMBERSHIP OBLIGATIONS
Membership service is subject to the following obligations,
you agree to: 1) provide current , accurate, truthful information in
the registration form . 2) maintain registration information in the
event of any changes during the use of service. If any information
provided in the registration is false, inaccurate, misleading,
incomplete, or deceptive Prepdog.com and 4 Teachers by Teachers, LLC
has the right to suspend or terminate your account and services.
Upon any violation Prepdog.com and 4 Teachers by Teachers, LLC
reserves the right to refuse use of service for all future use.
PRIVACY POLICY
Registration data and personal information is subject to our
Privacy Policy.
MEMBER ACCOUNT,
PASSWORD, USER NAME, AND SECURITY
You will receive a username and a password for your
membership account upon completion of the registration process and
the signing of a FERPA compliance agreement. You are responsible
for keeping your user name and password confidential, and
maintaining your account. You are also responsible for all
activities that occur under your user name and password under your
account as they relate to laws in your state, COPPA, and FERPA. You
agree to notify Prepdog.com at
contact@prepdog.com
immediately upon any unauthorized use of your account or breach of
security. You also agree to logout from your account at the end of
each session. Prepdog.com and 4 Teachers by Teachers, LLC will not
be held liable for any loss or damage arising from your failure to
comply with guidelines and conditions stated in MEMBER ACCOUNT,
PASSWORD, USER NAME, AND SECURITY.
Membership entitles you to your account only, you may not share your
account with any other persons unless express authorization is given
by Prepdog.com or 4 Teachers by Teachers, LLC.
MEMBER CONDUCT
You understand that all information included but not limited
to data, text, software, digital photographs, vector graphics,
trademarks, copyright material, digital illustrations and drawings,
artwork, games, logos, video clips, sound clips, music clips, email
messages or other communications, names, service marks, and various
other materials, whether publicly or privately posted or
transmitted are the responsibility of the member for which the
material originated. You agree that all material that you upload,
transmit, email, or post is your responsibility and not Prepdog.com
or 4 Teachers by Teachers, LLC. Prepdog.com or 4 Teachers by
Teachers, LLC does not control the content posted in the computer
management system, Moodle, and as such does not guarantee the
accuracy, integrity, and or quality of the content posted and or
transmitted. Under no circumstances will Prepdog.com or 4 Teachers
by Teachers, LLC be held liable in any way for content, including
but not limited to , for any errors, omissions, or copyright and
trademark infringements in any content, or for any loss or damage of
any kind incurred as a result of the use of the content transmitted,
posted, emailed, or any other means by which the service was made
available.
You understand that your data may be transmitted over various
networks and that these networks maybe subject to technical updates
and changes. These updates may cause loss of data and or delays in
service. Prepdog.com and 4 Teachers by Teachers, LLC will not be
held liable for any loss of data in the event of any changes to
network or communication equipment.
INTERNATIONAL USE
You agree to comply with local, state, and national laws that
pertain to content, FERPA, FTC, and COPPA. Specifically, you agree
to comply with all applicable laws regarding the transmission of
data exported from the United States or the country for which you
reside.
INDEMNITY
You agree to indemnity and hold Prepdog.com, 4 Teachers by
Teachers, LLC, Prepdog.org, affiliates, president, vice president,
treasurer, contractors, and mascots from any claim or demand,
including reasonable attorneys' fees, made by any third party due to
arising out of Content you submit, email, or post through the
service, your use of the service, your connection to the service,
your violation of the Terms and Conditions, or your violations of
any rights related to the service.
NO RESALE OF
SERVICE
Prepdog.com and 4 Teachers by Teachers LLC provide practice
tests, tutorials, lessons, and various other material for free.
Some material is copyright material created by 4 Teachers by
Teachers, LLC and other material has been submitted by various
teachers. You may use the material free of charge for non commercial
use. If you would like to use any of the copyright material for
commercial use you must contact 4 Teachers by Teachers, LLC at
contact@prepdog.com
to discuss commercial use terms and conditions.
Prepdog.com also provides a service membership that enables teachers
to analyze data, post a web site, post and create individualized
tests utilizing question banks, lessons, and tutorials. You may not
transfer or sell your membership with out the express written
consent of Prepdog.com.
MODIFICATION TO
SERVICE
Prepdog.com and 4 Teachers by Teachers, LLC reserves the
right to modify or temporarily discontinue the service with or with
out notice. You agree that Prepdog.com and 4 Teachers by Teachers
shall not be held liable to you or any third party for any
modifications, suspension or temporary discontinuance of service.
In the event of permanent discontinuance Prepdog.com will refund the
balance due pro-rated to the time remaining on the membership.
TERMINATION
You agree that Prepdog.com or 4
Teachers by Teachers, LLC may terminate your user name, password,
and account (or any part thereof) or use of the service, for any
reason, including without limitations, if Prepdog.com or 4 Teachers
by Teachers, LLC believes that you have violated or acted
inconsistently with the Terms and Conditions. Prepdog.com or 4
Teachers by Teachers, LLC may also in its sole discretion and at any
time discontinue providing service without notice.
LINKS
The service may provide links to third party web sites. Due
to the fact that Prepdog.com and 4 Teachers by Teachers, LLC has no
control over third party web sites, you agree that Prepdog.com is
not held responsible or liable for the availability or the content
of those web sites. Prepdog.com and 4 Teachers by Teachers, LLC
does not endorse and is not responsible for the content,
advertising, products, or other materials available from third party
web sites and links. You agree that Prepdog.com and 4 Teachers by
Teachers, LLC shall not be held responsible or liable, directly or
indirectly, for any damages or loss caused or alleged to be caused
by or in connection with use of or reliance on any such content,
goods or services available on or through any site.
PREPDOG.COM
PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary
software used in connection with the Service ("Software") contain
proprietary and confidential information that is protected by
applicable intellectual property and other laws. You further
acknowledge and agree that information presented to you through the
Service is protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws. Except as expressly
authorized by Prepdog.com or 4 Teachers by Teachers, LLC or
advertisers, you agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on the Service or the
Software, in whole or in part.
Prepdog.com grants you a personal, non-transferable and non-exclusive
right and license to use the Service. You agree that you will not
copy, modify, create a derivative work of, reverse engineer, reverse
assemble or otherwise attempt to discover any source code, sell,
assign, sublicense, grant a security interest in or otherwise
transfer any right in the Software. You agree not to modify the
Software in any manner or form, or to use modified versions of the
Software, including (without limitation) for the purpose of
obtaining unauthorized access to the Service. You agree not to
access the Service by any means other than through the interface
that is provided by Prepdog.com or 4 Teachers by Teachers, LLC for
use in accessing the Service.
Furthermore, you understand that the Content is protected by
copyright and other laws in both the United States and elsewhere.
Under the terms of this agreement, it is expressly forbidden to
distribute the Content or any portion thereof by any means,
including but not limited to electronic and print, to any person or
entity who does not have a valid account. Prepdog.com or 4 Teachers
by Teachers, LLC reserves the right to cancel your organization's
license without refund if it is determined that you have violated
this portion of the agreement.
DISCLAIMER OF
WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE
IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PREPDOG.COM
AND 4 TEACHERS BY TEACHERS, LLC EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- b. Prepdog.com MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv)
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL
MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL
BE CORRECTED.
- c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL.
- d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM PREPDOG.COM AND OR 4 TEACHERS BY TEACHERS,
LLC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TERMS AND CONDITIONS.
LIMITATIONS OF
LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PREPDOG.COM AND 4 TEACHERS
BY TEACHERS, LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF PREPDOG.COM OR 4 TEACHERS BY
TEACHERS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH
OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE
SERVICE.
DOMAIN INFORMATION
Prepdog.com and Prepdog.org are registered domains of 4
Teachers by Teachers LLC.
GENERAL
INFORMATION
The Terms and Conditions constitute the entire agreement between
you and Prepdog.com and 4 Teachers by Teachers, LLC and govern your
use of the Service, superseding any prior agreements between you and
Prepdog.com and 4 Teachers by Teachers, LLC. You also may be subject
to additional terms and conditions that may apply when you use
affiliate services, third-party content or third-party software. The
Terms and Conditions and the relationship between you and
Prepdog.com and 4 Teachers by Teachers, LLC shall be governed by the
laws of the State of Idaho without regard to conflict of law
provisions. The failure of Prepdog.com and 4 Teachers by Teachers,
LLC to exercise or enforce any right or provision of the Terms and
Conditions shall not constitute a waiver of such right or provision.
If any provision of the Terms and Conditions is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions
of the Terms and Conditions remain in full force and effect. 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
Service or the Terms and Conditions must be filed within one (1)
year after such claim or cause of action arose or be forever barred.
The section titles in the Terms and Conditions are for
convenience only and have no legal or contractual effect.