Terms and Conditions
By using, accessing, or purchasing from this website ("Site"), which is owned and operated by The Teacher's Crate, Inc. (herein referred to as "The Teacher's Crate" or "The Teacher's Crate™"), you acknowledge that you have read, understood, and agree to the following Terms of Service ("Terms" or "Agreement"). If, at any time, you do not agree to these Terms, please do not use this Site. The Teacher's Crate™ reserves the right to revise these Terms at any time by updating this posting. Please read and review these Terms periodically. As a condition of your use of this Site, you agree that you are at least 18 years of age or are visiting the Site under the supervision of an adult or guardian and that you possess the authority to enter into a binding legal agreement. We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site via a browser. We reserve the right to revise the products and services available on the Site and to impose rules for and limits on use of the Site or to restrict your access to part, or all, of the Site without notice. We reserve the right to revoke your access at any time for any reason, including as a result of a violation of these Terms, without notice. The Teacher's Crate™ reserves the right to change these terms & conditions of use at any time without notice. By accessing or using any part of the site, you accept these terms, without limitation or qualification. You may not use any portion of the site if you do not agree with all of the terms set forth below. Price information found on this site is subject to change without notice. We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.
Use of the Website
We give you permission to access and use the Site for your personal use, and to copy, distribute, and transmit the content of this Site only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the Site for your personal use. No mechanized or other systematic process for harvesting information from this Site for any purpose, including without limitation, any commercial purpose, is permitted. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Site is strictly prohibited, unless authorized in writing. You further agree not to change or delete any proprietary notices from materials downloaded from this Site. You may print a copy of the information displayed on this Site for your personal use. That means, that except as set forth above, you may not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information obtained by your use of this Site. This restriction means, among other things, that you may not mirror on your own website any portion of this Site or display through your own website any results pages or other information from this Site without express written permission. We reserve the right to change any information, features and functions of the Site without prior notice. We may deny you access to all or part of the Site without prior notice if you engage in any conduct or activities that we determine, in our sole discretion, violate this Agreement, our rights or the rights of any third party. We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms and The Teacher's Crate™ has no obligation to investigate the authorization or source of any such access or use of the Site. You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to your whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify The Teacher's Crate™ of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security. You may receive emails regarding your account or promotions for special offers, including third party offers.
Registration and Membership
Monthly boxes for The Teacher's Crate subscriptions are shipped to your address at the price listed. You may receive emails regarding your account or promotions for special offers, including third party offers. You can cancel your membership anytime without charge by contacting Customer Support. Please refer to the Help Center for further details.
Billing and Payments
Product Information; Limitation on Quantities
Excluding any content which may be submitted by Members from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Site will be available.
Risk of Loss
Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss or damage for such merchandise will pass to you upon our delivery to the carrier. All missing or damaged shipments or items must be reported within 30 days of shipping to qualify for a replacement or refund based on product availability. If the product is available, a replacement will be shipped and a refund will not be issued or considered. Damaged items must be reported and include a photo in the ticket submission. Damaged items will be reviewed by the support agent and a replacement will be issued only for damaged products and does not cover or include packaging of said item. Blemishes to packaging will not be considered as part of a damaged item. All refunds will be at the discretion of customer support.
The technology underlying, and the entire content included in, the Site, including but not limited to text, graphics or code is copyrighted as a collective work under Canada and other copyright laws, and is the property of The Teacher's Crate™ and is protected by copyright and other intellectual property or proprietary rights. The collective work includes works that are licensed to The Teacher's Crate™. Copyright 2015 The Teacher's Crate™. All rights reserved. We do not investigate to determine if such works are accurate nor can we provide assurance that all such works are free of typographical errors. We cannot guarantee information displayed on this Site to be 100% accurate.
All trademarks, service marks, and trade names of The Teacher's Crate™ on the Site are trademarks or registered trademarks of The Teacher's Crate™, or of their respective owners.
User Generated Content
By sharing, submitting and uploading any of your data including but not limited to photographs, images, video, music, art, or comments, you grant The Teacher's Crate™ a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, prepare derivative works of, display and perform your user data in any legal manner for the benefit of The Teacher's Crate™. You acknowledge and agree that you are solely responsible for all the user data that you make available through The Teacher's Crate™. Accordingly, you represent and warrant that: (1) you have all rights, licenses, consents and releases necessary to grant The Teacher's Crate™ the required rights to disseminate any user data, (2) neither your data nor your posting, uploading, publication, submission or transmittal of this data or The Teacher's Crate™ use of your uploaded data (or any portion thereof) on, through or by the means of The Teacher's Crate™ will infringe, misappropriate or violate a third party’s' patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.
Except as otherwise specifically provided, the site and the products offered on the site are provided on as "as is" and "as available" basis without warranties or any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, The Teacher's Crate™ disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. The Teacher's Crate™ does not represent or warrant that the functions contained on the site will be uninterrupted or error-free, that the defects will be corrected, or that the site or the server that makes the site available are free or viruses or other harmful components. The Teacher's Crate™ does not make any warrantees or representations regarding the use of the materials on the site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Applicable Law may not allow limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
The Teacher's Crate™ will not be liable for any indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the site or materials on or provided through the site, even if The Teacher's Crate™ has been advised of the possibility of such damages. In no event will The Teacher's Crate™ liability to you exceed the amounts that you paid to The Teacher's Crate™ in connection with your The Teacher's Crate™ membership. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, The Teacher's Crate™ shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. The Teacher's Crate™ shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, The Teacher's Crate™ shall immediately issue a credit to your credit card account in the amount of the charge. The Teacher's Crate™ has no liability on injury or damage caused by products within the crate. Solely responsible by brand or manufacturer. These Terms are applicable to you upon your accessing the Site. These Terms, or any part of them, may be modified or terminated by The Teacher's Crate™ without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, and Miscellaneous, shall in all events survive any termination of these Terms and your use of the Site. DISPUTE RESOLUTION EITHER YOU OR The Teacher's Crate™ (THE "COMPANY") MAY, WITHOUT THE OTHER'S CONSENT, ELECT MANDATORY, BINDING ARBITRATION FOR ANY CLAIM, DISPUTE, PROCEEDING, OR CONTROVERSY BETWEEN YOU AND THE COMPANY NO MATTER WHAT THE LEGAL THEORY (CONTRACT, TORT, INTENTIONAL TORT, FRAUD, AGENCY, NEGLIGENCE, STATUTORY OR REGULATORY PROVISIONS, OR ANY OTHER SOURCES OF LAW) OR REMEDY SOUGHT (DAMAGES, INJUNCTION, FINES, PENALTIES, OR OTHERWISE) ("CLAIMS"). "CLAIMS" INCLUDE DISPUTES OVER THE APPLICATION, ENFORCEABILITY, OR INTERPRETATION OF THIS ARBITRATION PROVISION. ALTERNATIVELY, CLAIMS MAY BE BROUGHT IN SMALL CLAIMS COURT WHERE APPLICABLE. CLAIMS MUST BE BROUGHT IN YOUR AND THE COMPANY'S NAMES ONLY AND NOT ON ANY CLASS ACTION, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL BASIS. NO ARBITRATOR OR COURT WILL BE ABLE TO CONSOLIDATE MULTIPLE PARTIES CLAIMS OR AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY TO THE ACTION. YOU AGREE TO USE YOUR BEST EFFORTS NOT TO ALLOW ANY OTHER PERSON TO BRING ANY CLAIM OR SEEK ANY RECOVERY IN YOUR NAME. CLAIMS WILL BE GOVERNED BY THE LAW OF THE PROVINCE OF MANITOBA, EXCEPT THAT ALL CLAIMS MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CLAIM AROSE OR BE FOREVER BARRED. IF YOU BELIEVE YOU HAVE A CLAIM YOU MUST NOTIFY THE COMPANY (WITHIN ONE YEAR OF THE CLAIM ACCRUING) BY COMPLETING THE FORM AT HTTPS://HELP.AVERLEARNING.COM. THE COMPANY MAY THEN OFFER TO SETTLE YOUR CLAIM.
Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where the goods sold over the internet is taxable.
We control and operate the Site from Canada. We make no representation that materials on the Site are appropriate or available for use outside Canada. If you choose to access this Site from outside Canada, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. All pricing is in US dollars. Any subscriptions under an incorrect plan will be canceled and any applicable charges refunded without notice to the subscriber.
The Teacher's Crate™ may deliver notice to you by means of e-mail, a general notice on this Site, or by other reliable method.
Use of Site
Use of the Site for any illegal or unauthorized purpose is strictly prohibited.
You agree to indemnify, defend, and hold harmless The Teacher's Crate™, its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms, or any activity related to use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.