Last updated April 29, 2014
1. General Conditions and Definitions
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
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.
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
8. Intellectual Property
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.
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
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
14. Site Termination and Continuing Obligations
15. Dispute Resolution
16. Waivers, Section Headings, Completeness, and Severability
17. Contacting Us