Learn More >

FAQ

TheLessonPlanBook

AGREEMENT BETWEEN USER AND AllofE Solutions (the "Company")

AllofE Solutions' TheLessonPlanBook management system ("Services") is offered to you conditioned upon your acceptance without modification of the terms, conditions and notices contained herein (collectively, the "Terms of Use"). Your use of the System constitutes your agreement to all the Terms of Use.

I. Grant of License

The Company grants you a limited, non-exclusive, non-transferable license to use the Services for your own personal and non-commercial use only.

II. Subscription/Fee Based Services

You are initially granted a FREE subscription to the Services for a limited period of time as specified on the Service pricing page, NEED LINK TO PRICING WITH CONTENT RELATED TO FREE SUBSCRIPTION. You may extend the expiration date by purchasing additional time on the subscription. If the current date passes the expiration date, the subscription has expired. In this event, AllofE reserves the right to cancel immediately this Agreement in its entirety and suspend access to the Services.

III. Permitted Use

The Services are restricted for use only by K-12 School Teachers that are currently teaching in the United States at a K-12 School District or Private School. You may only use the system if you are actively teaching at a K-12 school operating in the United States. You may use the Services and the features, information, pictures and other data contained therein (collectively, the "Data") only for educational, non-commercial purposes. You may access, view and make copies of the Data in the Site for educational, non-commercial use. You specifically agree that use of the Services by you other than indicated above is a violation of the terms of this License.

IV. Prohibited Uses

Company imposes certain restrictions on your permissible use the Services and you agree to abide by such restrictions in any use of your account by you or anyone you wrongfully authorize or intentionally or unintentionally allow to use your account. You are prohibited from and agree to refrain from violating or attempting to violate any security features of the Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, 'flooding,' 'spamming,' 'mail bombing,' or 'crashing;' (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Services. Any violation of system or network security may subject you to civil and/or criminal liability. Commercial uses are strictly prohibited. Further restrictions on the use of the Services and its Data are provided in the following sections.

V. Registration, Accounts and Passwords

Use of the Services may require registration or subscription. Should you choose to register or subscribe, you agree to provide accurate and current information as required by the registration or subscription process, and to promptly update such information as necessary to insure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration or subscription to the Services, and (b) all activities that occur under such password or account. The Company shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your failure to comply with this section.

VI. Copyrights and Trademarks

The entire content included in the Services, including, but not limited to, text, design, graphic interfaces, code and the selection and arrangement thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of the Company. The collective work includes works that are licensed to the Company and all rights are expressly reserved. All trademarks, service marks, and trade names (collectively the "Marks") are trademarks or registered trademarks of and are proprietary to the Company.

VII. Links

In some areas of the Services, links to third-party Web sites are provided allowing you leave the system. The linked Web sites are not under the control of Company and Company is not responsible for the contents of any linked web site or any link contained in a linked web site. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the web site.

VIII. Data Integrity

The Services are regularly backed up. In the unlikely event that the Services should experience system failure, Company will make its best efforts to return the system to its exact state as it existed prior to the failure. In the event this is not possible, the most recent backup will be restored. You understand and accept that such loss of data can occur.

IX. System Availability

The Services have been designed to provide a highly available environment. However, the Services may become temporarily unavailable due to upgrades, system maintenance or unforeseen technical issues. In these instances, Company will make its best effort to return the system to its functioning state as soon as feasible. You understand and accept that said temporary system unavailability may occur throughout the duration of this Agreement.

X. Responsibility for Content

The Company does not and cannot review all communications and materials posted to the system and is not in any manner responsible for the content of these communications and materials. In consideration of the content on the system, you agree not to: (a) post, transmit, link to, or otherwise distribute any materials, information or content constituting advocating or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using the Services; (b) post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information; or (c) post, transmit, link to, or otherwise distribute any information, materials or content which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component.

XI. Compliance with Intellectual Property Laws

When using the Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, 'Content') in violation of any third party's copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights. You agree to abide by laws regarding intellectual property ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your username or password. You agree that the burden of proving that any Content does not violate any laws or third party rights rests solely with you.

XII. Modifications to the Services

In an effort to improve quality, reliability, performance and features, Company shall make changes to the Services throughout the duration of this Agreement. Company reserves the right to modify the Services without notice.

XIII. Limitation of Liability

In no event shall Company be liable for any special, incidental, reliance, indirect or consequential damages or any damages whatsoever resulting from the loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of the software, documents, provision of or failure to provide services, or information available from the Services. You agree to indemnify and hold Company and its officers, agents, employees, and other partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of its use of the Services and any of the subject matter set forth in this Agreement.

XIV. Termination

At the sole discretion of Company, the Services may be suspended or shut down. Any prepaid or unused subscription fees will be refunded as prorated to the remaining time left on the Agreement. In the unlikely event termination should occur, Company will provide you with written notice by U.S. Mail or email. In the event of termination, Company agrees that it will continue to provide the Services until the end of the nearest academic calendar year.

You acknowledge and agree that Company in its sole and absolute discretion, may, suspend or terminate access to the Services upon violation of these Terms of Use. You further agree that Company shall not be liable as a result of any such suspension or termination.

XV. Disclaimer of Warranties

You understand that the Services are provided "as is." Company will make its best effort to maintain a properly functioning system and will respond to any malfunction as expeditiously as possible under the circumstances in existence when the non-conformance occurs. Company makes no guarantee that you will not experience downtime, malfunction or problems due to network issues, software bugs, system failures, and/or unforeseen circumstance outside the control of Company.

SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

XVI. General Provisions

This agreement is personal to you, and you may not assign your rights or obligations to anyone. The Terms of Use constitute the entire agreement between the Company and you pertaining to your use of the Services and supersede any prior agreements between you and the Company with respect to the subject matter hereof. The Company's failure to insist upon or enforce strict performance of any right or provision of the Terms of Use shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in the Term of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. No changes to the Terms of Use shall be made except by a revised posting on this page or except as otherwise expressly contemplated herein.

XVII. Governing Law

These Terms of Use shall be governed in all respects by the laws of the State of Kansas without regard to conflicts of law principles. You also consent to the jurisdiction and venue of the courts of State of Kansas and waive to the right to contest jurisdiction and venue of the courts located in Kansas on the grounds of inconvenience or otherwise and, further, waive any right to bring any action or proceeding arising out of, under or in connection with these Terms of Use in any court outside of Kansas.

XVIII. Acknowledgement

BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.