Washburn Educational Resources, LLC

P.O. Box 72
Garner, NC 27605
Email address: info@brittanywashburn.com

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Effective Date: December 16, 2017

TERMS OF USE

These Terms of Use (“Terms”) govern your access to and use of the Brittany Washburn Website (as defined below), and the Products (as defined below). In addition, these Terms govern all purchases made through the Services (as defined below). In addition to these Terms, your access to and use of the Services are governed by the Brittany Washburn Website Privacy Policy, which can be found at https://www.brittanywashburn.com (the “Privacy Policy”), and which is incorporated into these Terms by reference. Please read them carefully. These Terms constitute a binding agreement between you and Brittany Washburn Website, Inc. (“Brittany Washburn Website,” “we” or “us”). BY ACCESSING OR USING THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT ACCEPT THESE TERMS, YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.

Brittany Washburn Website reserves the right to revise these Terms at any time, at its sole discretion and with or without notice, by posting an updated version to https://www.brittanywashburn.com. You should visit this page periodically to review the most current Terms. By continuing to access or use the Services after updated terms have been posted, you agree to be bound by the updated Terms. Certain portions of the Services or Products may have additional terms and conditions and may require you to agree to such terms and conditions.

DEFINITIONS

• “Content” means all content contained in the Website, including all text, images, audio content, videos, designs, graphics, information, logos, downloadable content, software, and any other content contained therein and all patents, copyrights, trademarks, service marks, intellectual property and/or other proprietary information of Brittany Washburn Website.
• “Product(s)” means any products purchased from Brittany Washburn Website by Brittany Washburn or through the Brittany Washburn Website or TeachersPayTeachers.
• “Services” means the all services provided by Brittany Washburn Website through the Website and the Products.
• “Brittany Washburn Website” or “Website” means any websites, web pages, and any subpages under Brittany Washburn Website by Brittany Washburn’s control, whether partial or otherwise, including www.brittanywashburn.com and any subpages.
• “User,” “you,” and “your,” means you and all individuals and/or entities on whose behalf you are accessing or using the Services for any reason.

PURCHASES – Shipping Policy

No physical goods are sold here. Nothing will be shipped to you. Upon receipt of your order, you will either be prompted to begin your download immediately or you will receive an e-mail from us with instructions to complete your download. If you are prompted to begin your download immediately, your completion of the download will constitute delivery to you of the item(s) you purchased.

If you receive an e-mail from us with instructions to complete your download, the receipt by you of the e-mail will constitute delivery by us to you of the item(s) you purchased.

In case you are unable to download the item(s) you purchase or you do not receive an e-mail from us with instructions to complete your download, you must contact us within 5 days from the date of your order. If you do not contact us within 5 days from the date of your order, the item(s) you purchased will be considered received, downloaded and delivered to you.

PURCHASES THROUGH WEBSITE OR THE APPS

1. Delivery.
   1. Because the products are digital, they are non-refundable.
   1. When you receive the e-mail with your files, please note that the links have a limited number of downloads (usually 10 unless otherwise specified). Download to your device(s) immediately. 
   1. Please note where you save the files.  Then you can open and print them whenever you’d like.
   1. Digital downloads are only to be accessed by the purchaser. You may not share your account info with anyone else in order for them to download the file and you do not have permission to share the file with any other teachers. 
   1. You may not share the direct download URL with anyone. The URL has custom coding tracing it back to your user account. Your account may be suspended if you share this URL with anyone (including students). 
2. Pricing. Except where otherwise noted, the list price displayed for any Product represents the full price, less any applicable sales or tax, of the product, less any applicable sales or other taxes or other charges. Despite our best efforts, a small number of items in our catalog may be mispriced and, in the event of a mispricing, Brittany Washburn Website reserves the right to charge the correct price.
3. Refunds and Exchanges. Due to the nature of digital downloads, all sales are final after the purchaser has downloaded their purchased product.
4. Affiliations. Brittany Washburn Website is not related to or affiliated with Apple, Inc. or Google, Inc.

ELIGIBILITY

By accessing or using the Services, you represent and warrant to Brittany Washburn Website that (i) you are of legal age to form a binding contract, or, if you are a minor, you have your parent’s permission to access or use the Services, and your parent has read and agrees to these Terms on your behalf; (ii) all information you provide is accurate, current and complete; (iii) you will maintain the accuracy and completeness of such information; and (iv) if you are accepting these on behalf of an institution, school, company or other legal entity, you have the authority to bind that institution, school, company or legal entity to these Terms. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. These Terms are void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

USAGE

You agree and warrant that you will not use the Services in a manner that is illegal or otherwise inconsistent with the Terms. In addition, you will not use the Services in a manner that Brittany Washburn Website, in its sole discretion, deems objectionable. Brittany Washburn Website reserves the right to restrict, suspend, or terminate your access to the Services at any time without notice for any reason. You agree that you will only access the Services through the Website or the Apps. You agree not to do any of the following:

• attempt to decipher, decompile, disassemble or reverse engineer or otherwise hack the Services or any software used to provide the Services;
• attempt to breach any security or authentication measures of the Services;
• avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Brittany Washburn Website or any other third party to protect the Services or the Content;
• use the Services or the Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
• take any actions that damage or tamper with the Services;
• interfere or attempt to interfere with other users’ use of the Services;
• impersonate or misrepresent your affiliation with any person;
• violate any applicable law of regulation; or
• encourage or enable any other individual to do any of the foregoing.

Brittany Washburn Website will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Brittany Washburn Website may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Brittany Washburn Website has no obligation to monitor your access to or use of the Services or the Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Brittany Washburn Website reserves the right, at any time and without prior notice, to remove or disable access to the Services or any Content, that Brittany Washburn Website, in its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Services.

AFFILIATE PROGRAM

This website offers an affiliate program. Anyone can apply to be an affiliate here: https://brittanywashburn.com/affiliate-portal/. Your membership in the affiliate group will more likely be accepted if you’re an educator with social media accounts where you can share your unique links.

Affiliate perks include:

• Custom affiliate links you can use to promote.
• 20% store credit for referral orders for non-subscription products.
• 10% store credit for referral orders for subscription products. You’ll receive credits every time the subscription renews.

LIMITED LICENSE

Subject to your compliance with these Terms, Brittany Washburn Website grants you a limited, non-exclusive, non-transferable license to access and use the Services solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Website, the Services or the Content except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Brittany Washburn Website or its licensors, except for the licenses and rights expressly granted in these.

While under no obligation to do so, we do attempt to respond to questions and comments submitted to us via e-mail that are not published on the Website. Although we value our Users’ feedback, please do not submit any proprietary information, suggestions or materials via e-mail or our website. We are not obligated to compensate you for such submissions, which will become the property of Brittany Washburn Website. By submitting such materials, you release your proprietary, intellectual property and all other rights.

INTELLECTUAL PROPERTY

The Services are protected under patent, copyright, trademark, and/or other laws of the United States and foreign countries. The Services and all Content are the property of Brittany Washburn Website or its licensors. The compilation, collection, arrangement, or assembly of all Content is the exclusive property of Brittany Washburn Website and is protected as well. Any code or software code that Brittany Washburn Website creates, generates or displays in the Services are also protected and you may not copy or adapt such code.

You may not modify, publish, transmit, create derivative works, or in any way exploit any of the Content of the Website. Except as otherwise expressly permitted under copyright law, no copying, redistribution, publication or commercial exploitation of downloaded material from the Website is permitted without express written permission from Brittany Washburn Website and any other copyright owner.

If any copying, redistribution or publication of copyrighted material is expressly permitted, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You shall be liable for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, downloading or submission. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Brittany Washburn Website without Brittany Washburn Website’s express written consent. You may not use any meta tags or any other “hidden text” utilizing Brittany Washburn Website’s name or trademarks without the express written consent of Brittany Washburn Website.

DISCLAIMER OF WARRANTY

BRITTANY WASHBURN WEBSITE MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES OR ANY PRODUCT WILL MEET YOUR REQUIREMENTS OR OPERATE OR BE AVIALABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS OR THAT THE SERVICES OR ANY SERVERS USED BY THE SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY WEBSITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, YOU ARE SOLELY RESPONSIBLE FOR SUCH COSTS AND BRITTANY WASHBURN WEBSITE SHALL NOT BE LIABLE FOR SUCH COSTS. THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. BRITTANY WASHBURN WEBSITE MAKES NO REPRESENTATION OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT ON THE SERVICES OR WITH REGARD TO THE PRODUCTS.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE ENTIRE RISK OF USING THE SERVICES REMAINS WITH YOU AND IN NO EVENT SHALL BRITTANY WASHBURN WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST PROFITS, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES OR THE PRODUCTS, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BRITTANY WASHBURN WEBSITE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL BRITTANY WASHBURN WEBSITE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR PRODUCTS EXCEED THE AMOUNTS YOU HAVE PAID TO BRITTANY WASHBURN WEBSITE FOR USE OF THE SERVICES AND THE AMOUNTS YOU PAID FOR THE PRODUCTS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BRITTANY WASHBURN WEBSITE AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

INDEMNITY

You agree to defend, indemnify, and hold harmless Brittany Washburn Website its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, suits, proceedings actions, demands, liabilities, damages, losses or expenses, including without limitation reasonable legal and accounting fees, arising out of, resulting from or related to (i) your use of the Services or (ii) your breach of these Terms, including your representations and warranties herein.

TERM AND TERMINATION

These Terms (as updated) will remain in full force and effect for so long as you access or use the Services. Brittany Washburn Website reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to suspending, disabling or terminating your access to and ability to use the Services and/or any other services provided to you by Brittany Washburn Website, upon any breach by you of these Terms or any impermissible use or access of the Services or for any other reason in the sole discretion of Brittany Washburn Website. The provisions of these Terms will remain in effect even after you cease using the Services.

MISCELLANEOUS

1. Privacy. See the Privacy Policy or information and notices concerning Brittany Washburn Website’s collection and use of your personal information.
2. Third-Party Websites and Content. The Services may contain links to third-party websites, advertisers, services or resources that are not owned or controlled by Brittany Washburn Website. Any such links are provided solely as a convenience and not as an endorsement by Brittany Washburn Website of the contents on such third-party websites. You acknowledge and agree that Brittany Washburn Website is not responsible for the content of linked third-party websites and does not make any representations or warranties regarding the content or accuracy of materials on such third-party website or the security thereof. If you access any linked third-party websites, you do so at your own risk. You agree that Brittany Washburn Website shall not be liable for any loss of damage of any sort relating to your dealings with third parties.
3. Commercial Use. You agree not to make any unauthorized commercial use of the Services.
4. Access Outside the United States. Brittany Washburn Website makes no claims that the Services may be lawfully viewed, downloaded, used or accessed outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access Services, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
5. Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, Brittany Washburn Website’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect Brittany Washburn Website’s ability to enforce such term at any point in the future.
6. Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without Brittany Washburn Website’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. Brittany Washburn Website may assign or transfer these Terms, in its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
7. Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Brittany Washburn Website and you regarding the Services and the Products, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Brittany Washburn Website by Brittany Washburn and you regarding the Services and the Products.

If there are any questions regarding Brittany Washburn Website or these Terms, please contact Brittany Washburn Website at:

info@brittanywashburn.com