Terms & Conditions
1. User's Acknowledgment and Acceptance of Terms
2. Description of Services
Teacher’s Boutique offers a platform for selling and purchasing new or used teaching methods or products. You are solely responsible for providing, at your own expense, all equipment necessary to use the services, including a computer and modem; smart phone if using the mobile application(s); your own Internet access (including payment of telephone service fees associated with such access); and/or your own Data access (including payment of data service fees associated with such access).
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays, and disruption of other network transmissions are completely beyond our control.
You understand and agree that the products and services available on this site and on our mobile application are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings.
Our Services provide a platform where users may access this site or download our mobile application to access and browse listings of teaching methods or products which can be purchased new or used. Teach Smart, LLC is not a party to any transaction users may enter into with other users as a result of using our Services. Teach Smart, LLC has no control over the quality or availability of the teaching methods or products listed. All questions and disputes regarding listings are between users.
To cancel your registration, please contact our Support Team directly at
firstname.lastname@example.org. You understand that deleting the mobile application does not cancel your registration with us. Upon request, we will delete user’s registration information.
3. Registration Data and Privacy
Depending on the user, in order to access some of our Services, including placing an order on our site or through our mobile application, we may require a separate account and password that can be obtained by completing our online registration form, which requests certain information and data ("Registration Data") and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.
Your registration will be cross-platform between the mobile application and website. Any notifications or communications will work across platforms so that a user may take certain action on the website and receive notifications on their mobile application, for example.
4. User Designations
Our services are available to several types of users, including Guests, Sellers and Buyers, all of which shall be broken down in this section. You understand and agree that the services available on this site or mobile application may vary depending on your designation as a Guest, Seller and Buyer. If you have any questions regarding any of these designations, please contact email@example.com.
- Guests consist of any user browsing our site or mobile application.
- Sellers are users who create accounts that offer teaching methods or products either new or used for sale through our site or mobile application.
- Sellers must have a PayPal Pro account in order to operate and receive payments for products sold through our site or mobile application.
- Buyers are users who access and use our Services to purchase items found on our site or mobile application.
5. Product Orders; Payments; Returns
If you place an order through our site or mobile application that requires payment of a fee, you agree to pay all fees associated with such order at the moment the order is placed. For all charges for services on this site, we will bill your credit card. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address and telephone number, and to provide us with any changes in such information within fifteen (15) days of the change.
If, for any reason, your credit card company refuses to pay the amount billed for the service, you agree that we may, at our option, suspend or terminate your access to the service and require you to pay the overdue amount by other means acceptable to us. We may charge a fee for reinstatement of suspended or terminated accounts. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
The purchase price shall be set by Seller in their sole discretion. As payment for Services we provide through our site or mobile application, Teach Smart, LLC will retain ten (10%) percent of the purchase price on every completed transaction. Teach Smart, LLC reserves the right to change the percentage retained at any time. In the event that ten (10%) percent of the purchase price to be retained is less than one ($1.00) dollar, Teach Smart, LLC will retain one ($1.00) dollar. A completed transaction occurs when Seller accepts an order placed by Buyer and Buyer remits payment in full, including any taxes or shipping fees. Fees to Seller will be released through the third party payment processor, PayPal. Seller may request a payout of earned funds after every ten ($10) dollars is earned. Upon such a request, Teacher’s Boutique will release the funds to Seller’s PayPal account. Sellers acknowledge they are responsible for paying all sales tax, regulatory fees, and other taxes on each sale made through our site or mobile application as required by law. It is Seller’s responsibility to consult with a tax professional to determine if Seller and its sales are subject to tax for items sold through our site or mobile application.
Orders may be cancelled by 12 noon CST the day after an order is placed without charge by notifying customer service via email: firstname.lastname@example.org. If an order is cancelled after that time, user accepts any fees associated with such action.
6. Conduct on site and mobile application
Your use of the site is subject to all applicable laws and regulations, including Netiquette, and you are solely responsible for the contents of your communications through the site. By posting information in or otherwise using any communications service, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that:
- (a) Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
- (b) Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- (c)Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- (d) Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- (e) Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
- (f) Impersonates any person or entity, including any of our employees or representatives; or
- (g) Any other activity that in the sole judgment of Teach Smart, LLC, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Teach Smart, LLC or its users to any harm or liability of any type.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site or mobile application may be available to you or other authorized users of the site or mobile application. You shall not interfere with anyone else's use and enjoyment of the site, mobile application or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your membership without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
7. Product Reviews
All reviews must be based upon actual first-hand experiences with the products, materials, or sellers you are reviewing and must be accurate, truthful and complete in all respects. Reviews which contain hyperlinks are not permitted and may be removed by our site at any time without notice to you.
8. Mobile Device and Services
Teach Smart, LLC provides certain services available via mobile device including the ability to browse services and site from a mobile device, access certain features through an application downloaded and installed on a mobile device and make in-app purchases via mobile device (collectively referred to as “Mobile Services”). By accessing and using our website; accessing and using our website on your mobile device and/or purchasing, downloading and using our Mobile Services, you acknowledge and agree that you may receive certain communications from the Mobile Services (such as SMS, MMS, text messages, mobile e-mails, or other electronic communications means). You understand and agree that by using our Mobile Services, you may incur fees from your wireless service carrier and you are solely responsible for the payment of such fees, including for text messages and data. Not all Mobile Services may work with all carriers or devices.
You understand and agree that your carrier's normal rates and fees, such as text messaging and data charges, will still apply, regardless of whether or not we charge a fee for our Services.
9. Social Media Connections and Features
10. Third Party sites and Information
This site may link you to other sites on the Internet, such as USPS for shipment and delivery of products, or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
11. Intellectual Property Information
Copyright © 2017 Teach Smart, LLC All Rights Reserved.
Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See "User’s Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
Users may create listings on our site or mobile application to share teaching methods or products which they offer for sale. Only one item may be listed on a single listing. Seller shall not upload more than three (3) images per item. All listings will be publicly available on our site and mobile application.
Sellers: By listing on our site, you acknowledge and agree to the following:
- Any teaching method or product you list is in your possession or subject to your control and that offering it for sale does not violate any third party’s rights;
- You will not list any restricted products including but not limited to firearms, harmful or hazardous products, animals or other living creatures, and consumable items;
- All information included in your listing is accurate and that the information in your listing honestly describes and displays the teaching method or product that is listed; and
- If you no longer own the item you agree to remove the listing or list an “Out of Stock” notice within a reasonable amount of time after being sold out.
13. User's Materials
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals; accordingly, we request that you do not submit them to us in any circumstance.
We respect the intellectual property of others and we ask you to do the same. If you or any user of this site believes its copyright, trademark, or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
- (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;
- (c) Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- (d) Identification of the material that is claimed to be infringing, or to be subject to infringing activity, and that is to be removed and information reasonably sufficient to permit us to locate the materials;
- (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, 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 being infringed.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.
Designated Agent for Claimed Infringement:
Teach Smart, LLC
5535 Memorial Drive
P.O. Box 1155
Houston, Texas 77007
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
14. Disclaimer of Warranties
ALL PRODUCTS, MATERIALS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (a) THE PRODUCTS, SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (b) THE PRODUCTS, SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (d) THE QUALITY OF ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS. It is user’s responsibility to review any and all materials, methods, or products purchased on our site or mobile application to ensure it is appropriate for intended education level and current educational standards.
THIS SITE AND/OR MOBILE APPLICATION COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of our Services, you may have opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance, and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE OR MOBILE APPLICATION FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
Content available through this site or mobile application often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with Teach Smart, LLC. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Teach Smart, LLC spokesperson speaking in his/her official capacity.
Under no circumstances will Teach Smart, LLC or its Affiliates be liable for any loss or damages caused by your reliance on information or advice obtained through this site. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinions, advice, or other content available on or through this site or mobile application.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; CONSEQUENTLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
15. Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM PERSONAL INJURY, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE OR MOBILE APPLICATION.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE OR MOBILE APPLICATION, INCLUDING, WITHOUT LIMITATION, THE PROCESSING OF ORDERS.
You understand that Teach Smart, LLC does not run background checks on users of the site. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS AND AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH USERS OF OUR SERVICES WHETHER ONLINE OR OFFLINE. IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY ACT OR OMISSION OF ANY USER OF OUR SERVICES.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; CONSEQUENTLY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
17. Participation in Promotions
From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation, or responsibility for any part of any such correspondence or promotion.
18. Use of site and Storage of Material
You acknowledge that we may establish general practices and limits concerning use of the services available on our site and mobile application, including without limitation the maximum number of days that uploaded content will be retained on the site, the maximum disk space that will be allotted or our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this site or mobile application, including Registration Data, Profile Information, Inventory Lists, Wish Lists, Saved Items, Earnings History, Purchasing History, Chat History, or Bookmarks.
19. Security and Password
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made, and acts or omissions that occur through, the use of your password and account, including any mail sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.
20. Export Controls
Software available on or through this site or mobile application is subject to United States Export Controls. No software from this site may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country listed above or of any such country listed on any list named above.
21. International Use
Although our Services may be accessible worldwide, we make no representation that materials on this site or mobile application are appropriate or available for use in locations outside the United States, and accessing the site or mobile application from territories where the contents of the site or mobile application are considered to be illegal is prohibited. Those who choose to access this site or mobile application from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site or mobile application is void where prohibited.
22. Termination of Use
The aggrieved Party must give written notice of any claim to the other Party as soon as practicable after the aggrieved first knew or should have known of the facts giving rise to the claim. The written notice shall describe the nature of all claims asserted and the facts upon which those claims are based and shall be mailed to the other Party by certified or registered mail, return receipt requested according to Section 25 below. You agree that all arbitration proceedings shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA) or the Judicial Arbitration and Mediation Services (JAMS) and that the aggrieved Party must initiate a claim with AAA or JAMS and pay the initial filing fees.
A single neutral arbitrator shall be chosen by Teach Smart, LLC and compensation of the neutral arbitrator and any other administrative fees of the AAA or arbitrator expenses shall be borne by the Parties equally, and shall be paid before the award is delivered to the Parties. The Parties agree that there shall be no disclosure of documents other than the disclosure, prior to the hearing, of documents that each side will present in support of its case. All arbitration proceedings shall take place in Harris County, Texas. The award shall be rendered within thirty (30) days of the appointment of the sole arbitrator, unless the arbitral tribunal determines that the interest of justice or the complexity of the case requires that such limit be extended. Any award of the arbitrator(s) may be entered as a judgment in any court having jurisdiction.
24. Governing Law
This site (excluding any linked sites) is controlled by us from our offices within the State of Texas, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Texas, by accessing this site, both of us agree that the statutes and laws of the State of Texas, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Superior Court of Harris County and the United States District Court for the Southern District of Texas with respect to such matters.
All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. Notices to us must be sent to the attention of Customer Service at email@example.com, if by e-mail, or at Teach Smart, LLC 5535 Memorial Drive, Suite F, P.O. Box 1155, Houston, Texas 77007, if by conventional mail. Notices to you may be sent either to the e-mail address supplied for your account or to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site or notifications through the mobile application to inform you of changes to the site or other matters of importance. Such broadcasts shall constitute notice to you.
26. Entire Agreement
You agree not to sell, resell, reproduce, duplicate, copy, or use for any commercial purposes any product received or ordered through our site or mobile application or any portion of this site or mobile application or use of or access to this site or mobile application.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site and mobile application arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
28. Contact Information