Thank You Teacher and Coach Site Terms of Use

Last updated April 29, 2014                                                                                             

1. General Conditions and Definitions

These Site Terms of Use (“Terms of Use”) describes the terms of use of www.thankyouteacher.com (the “Site”).  Thank You Teacher and Coach™ is operated by Big Thank You, LLC, an Illinois limited liability company, d/b/a Thank You Teacher (“we” or “Thank You Teacher”).  By accessing or otherwise using this Site, you (“you” or “User”) agree to be bound by these Terms of Use and by the Thank You Teacher Privacy Policy.  To use this Site you must be at least 13 years of age.  By attempting to use this Site, you represent that you are 13 years of age or older and, if less than 18 years of age but at least 13 years of age, you represent that you have the consent and involvement of your parent or legal guardian.  If you do not agree with these Terms of Use and the Privacy Policy, or are legally unable to agree to these terms, then you may not use this Site.

2. Updates to Site Terms of Use

We may update or change these Terms of Use from time to time by posting the revised Terms of Use on the Site. The revised Terms of Use are effective immediately upon posting.  You agree to be bound by any such revisions.  You should periodically visit this page to determine the current Terms of Use.

3. Site Accessibility and Security

A User of the Site shall be responsible for obtaining and maintaining all data lines, computer software and hardware, and other equipment needed to access and use this Site.  Thank You Teacher shall not be liable for any damages to, or viruses that might infect, your computer or other property as a result of your access to or use of this Site.  You acknowledge that sometimes there are interruptions in Internet service that are beyond the control of Thank You Teacher, and Thank You Teacher shall not be responsible for any data lost during Internet transmissions.  While it is Thank You Teacher’s intention to make this Site accessible 24 hours per day, 7 days per week, you acknowledge that this Site may be interrupted, suspended, or terminated from time to time for any, or no, reason.  Thank You Teacher shall not be responsible for any User’s inability to access the Site.

4. Services Offered by Thank You Teacher

The Site provides a portal designed to enable (a) a parent to access the amazon.com website to purchase a gift certificate for a teacher or coach, (b) a person to access the amazon.com website to use an e-gift card to purchase products or services, or (c) a parent to nominate a teacher or coach for recognition on the Site (collectively, “Services”).  When a parent completes the information requested on this Site, accepts these Terms of Use, and clicks through to the amazon.com website to purchase a gift card for a teacher or coach, we will send an email to the teacher or coach, at the email address provided by the parent.  That email will advise the teacher or coach that someone was thinking about him/her on thankyouteacher.com.  When a person purchases a gift card or other good or service on the amazon.com website after clicking through from this Site, amazon.com will fulfill the e-gift card purchase pursuant to amazon.com’s terms and conditions.

When a parent enters content in the form on this Site to nominate a teacher or coach for recognition (“Nomination”), Thank You Teacher will review the Nomination.  On a monthly basis, Thank You Teacher may identify from among the Nominations received one or more teachers or coaches who, in Thank You Teacher’s sole discretion, will be recognized on the Site.  The Site will maintain a gallery of recognized teachers and coaches, which it may update and refresh from time to time, removing and adding recognitions as Thank You Teacher, in its sole discretion, deems appropriate.  By nominating a teacher or coach through the Site, you grant Thank You Teacher a nonexclusive, royalty-free, sublicensable, perpetual, and irrevocable right to use, reproduce, adapt, publish, or distribute your Nomination and to use your name in conjunction with the Nomination alone or as part of other works in any form, media, or technology whether now known or hereafter developed.  You represent and warrant that you own or otherwise control all rights to the Nomination that you submit and that it is accurate, does not violate this Agreement, and will not cause injury to any person or entity and that you will indemnify Thank You Teacher for all claims resulting from Nomination that you submit.

5. Fees

There is no fee to you to use the Services on this Site.  Any purchases you make or services you use on the amazon.com website are subject to the costs or fees disclosed on that website.  Thank You Teacher is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com.  When a User accesses the Site, completes the information requested on the Site, clicks through to amazon.com, and during that visit to amazon.com purchases a gift card or other good or service on the amazon.com website, amazon.com will send to Thank You Teacher an affiliate marketing fee (AMF), which is a percentage of the amount spent by the User on amazon.com during that visit.

6. Accuracy of Your Content

It is your responsibility to ensure the accuracy and completeness of the information you enter on the Site and on the amazon.com website.  If you do not enter complete and accurate information, we might not be able to advise the intended recipient of the gift card that someone was thinking of him/her on the Thank You Teacher Site and amazon.com might not be able to fulfill your purchase order or to fulfill it accurately.  THANK YOU TEACHER IS NOT RESPONSIBLE FOR CONTACTING YOU IF THE EMAIL ADDRESS YOU ENTER IS NOT ACCURATE OR FOR OTHERWISE ATTEMPTING TO CORRECT INACCURATE EMAIL ADDRESSES.

7. Links to Third Party Websites

The Site may contain links to third party websites provided by other content providers, including amazon.com website.  When you leave click on one of these links, you leave this Site.  If you access such linked websites, you do so at your own risk.  It is your responsibility to evaluate the accuracy, usefulness, and reliability of any CONTENT ACCESSIBLE THROUGH OUR SITE.  Thank You Teacher expressly disclaims any representations regarding the content on such third party websites.  Refer to Section 9 of these Terms of Use for more details governing limitation of liabilities and disclaimer of warranties.  Also see Thank You Teacher’s Privacy Policy for more information.

8. Intellectual Property

“Thank You Teacher” and “Your Gift Is Their Choice” are trademarks of Big Thank You, LLC.  All rights in respect of these trademarks are expressly reserved.  Everything located on or in this Site is the exclusive property of Big Thank You, LLC or used with the express permission of the copyright or trademark owner.  Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Big Thank You, LLC or the copyright owner.  Permission is granted to display, copy, and download the materials on this Site only for personal, non-commercial use in compliance with these Terms of Use, provided that you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials.  By downloading the material from this Site, you do not acquire any ownership interest or rights to the copyrighted material.

9. Our Representations, Disclaimer of Warranty, and Limitation of Liability

An integral part of Thank You Teacher’s Services is providing you with a seamless connection to amazon.com’s services.  Amazon.com has its own policies and procedures, and Thank You Teacher shall make reasonable efforts to comply with these policies and procedures.  HOWEVER, THANK YOU TEACHER makeS NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES THAT AMAZON.COM WILL MAINTAIN POLICIES, PROCEDURES, OR SERVICES THAT ENABLE THANK YOU TEACHER TO PROVIDE ITS SERVICES.  IN THE EVENT THAT THE AMAZON.COM CEASES TO PROVIDE POLICIES, PROCEDURES, OR SERVICES THAT ENABLE THANK YOU TEACHER TO PROVIDE ITS SERVICES, THANK YOU TEACHER MAY TERMINATE OR SUSPEND ITS SERVICES OR ANY COMPONENTS THEREOF, IN WHICH CASE THANK YOU TEACHER MAY PROVIDE A SUBSTITUTE COMPONENT.  IF THANK YOU TEACHER TERMINATES OR SUSPENDS ITS SERVICES IN THEIR ENTIRETY, IT OWES YOU NO FURTHER OBLIGATIONS.

You expressly agree that YOUR use of this site is at your sole risk. THIS SITE AND ALL INFORMATION, CONTENT, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY THANK YOU TEACHER ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.  neither THANK YOU TEACHER nor any of its affiliates, employees, agents, or third party content providers or licensors MAKE ANY REPRESENTATIONs, guarantees, or WARRANTies as to the merchantability or fitness for a particular purpose of the services.  WE DO NOT make any REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, except as expressly stated in THESE TERMS OF USE.

THANK YOU TEACHER DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; OR ITS SERVERS ARE FREE OF VIRUSES, TROjAN HORSES, MALWARE, OR OTHER HARMFUL COMPONENTS.  THANK YOU TEACHER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, special, CONSEQUENTIAL, and PUNITIVE DAMAGES, even if we have been advised of the possiblity of such damage.

10. Your Representations and Warranties

In addition to your representations and warranties in Section 4 of these Terms of Use, you represent that all the information you provide on this Site is true and accurate.  You agree not to post on this Site any information that is illegal, obscene, threatening, defamatory, invasive or infringing of others’ privacy or publicity rights, infringing of intellectual property rights, or otherwise injurious to third parties.  You agree that by using this Site you are at least 13 years of age and, if less than 18 years of age but at least 13 years of age, you represent that you have the consent and involvement of your parent or legal guardian.

11. Indemnification

You agree to defend, indemnify, and hold harmless Thank You Teacher, its affiliates, and their respective members, directors, officers, employees, and agents from and against all claims and expenses, including attorney fees, arising out of your use of this Site.

12. Force Majeure

Thank You Teacher shall not be liable for any delay or failure to perform the Services in whole or in part due directly or indirectly to any circumstances beyond Thank You Teacher’s control, including, without limitation, war, terrorism, cyberterrorism, riot, flood, act of God, court order, governmental action, fire, or failure of suppliers, social media, or subcontractors.

13. Communication from Thank You Teacher

By accepting these Terms of Use and provide us with information, including your email address, you agree to receive administrative emails and announcements from Thank You Teacher.  See Thank You Teacher’s Privacy Policy regarding what information we collect from you and how we use that information.  You agree to receive communications from Thank You Teacher in an electronic form and agree that all terms and conditions, agreements, notices, disclosures, and other communication that Thank You Teacher provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in a writing.

14. Site Termination and Continuing Obligations

Thank You Teacher may terminate these Terms of Use at any time for any or no reason without prior notice.  The provisions of Sections 7, 8, 9, 10, 11, and 15 shall survive termination of these Terms of Use.

15. Dispute Resolution

The parties agree that these Terms of Use shall be interpreted under the laws of the State of Illinois without reference to its conflict of laws provisions.  The parties agree that, as to any dispute arising out of or related to these Terms of Use, they shall submit such dispute to an impartial mediator located in Cook County, Illinois for resolution.  If the parties are unable to resolve the dispute by mediation, then the parties may bring an action in a court located in Cook County, Illinois or, if a federal action, in the Northern District of Illinois.  The parties hereby consent and agree to submit to the jurisdiction of and venue in such courts and waive any argument of forum non conveniens.

16. Waivers, Section Headings, Completeness, and Severability

These Terms of Use and the Privacy Policy constitute the entire agreement between the parties.  No waiver by Thank You Teacher of any breach or default of these Terms of Use shall be deemed to be a waiver of any preceding or subsequent breach or default.  The section headings used in these Terms of Use are for convenience only and are in no way intended to describe, interpret, define, or limit the scope, extent, or intent of these Terms of Use.  If a provision of these Terms of Use or the application thereof to any person or circumstance shall be invalid, illegal, or unenforceable to any extent, the remainder of these Terms of Use and the application thereof shall not be affected and shall be enforceable to the fullest extent permitted by law.

17. Contacting Us

You may contact us at any time about these Terms of Use by emailing us at info@thankyouteacher.com.


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