Have children's reading books that you no longer use? Bundle them by grade level, theme, series, author, reading ability, or other reading metric. There are classroom teachers looking for your unused books!
By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.
1. CLASSROOM2CLASSROOM is a Marketplace
CLASSROOM2CLASSROOM acts as a marketplace to allow users who comply with CLASSROOM2CLASSROOM's policies to offer, sell and buy certain educational goods within a fixed-price format. Classroom2Classroom is not directly involved in the transaction between buyers and sellers. As a result, Classroom2Classroom has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Classroom2Classroom does not pre-screen users or the content or information provided by users. Classroom2Classroom cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, Classroom2Classroom does not transfer legal ownership of items from the seller to the buyer.
Classroom2Classroom cannot guarantee the true identity, age, and nationality of a user. Classroom2Classroom encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.
You agree that Classroom2Classroom, a marketplace, and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Classroom2Classroom. You use the Classroom2Classroom service at your own risk. Transactions must originate and terminate within the United States of America.
2. Membership Eligibility
Age: Classroom2Classroom's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Classroom2Classroom may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use Classroom2Classroom's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by Classroom2Classroom's policies as stated in the Agreement and the Classroom2Classroom policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Classroom2Classroom, each of which is incorporated herein by reference and each of which may be updated by Classroom2Classroom from time to time without notice to you:
· Fees Policy
· Copyright and Intellectual Property Policy
In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by Classroom2Classroom from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Classroom2Classroom of any unauthorized use of your password or any breach of security. You also agree that Classroom2Classroom cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Classroom2Classroom without Classroom2Classroom's express written permission.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on Classroom2Classroom you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account.
Account Transfer: You may not transfer or sell your Classroom2Classroom account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service: Classroom2Classroom's services are not available to temporarily or indefinitely suspended Classroom2Classroom members. Classroom2Classroom reserves the right, in Classroom2Classroom's sole discretion, to cancel unconfirmed or inactive accounts. Classroom2Classroom reserves the right to refuse service to anyone, for any reason, at any time.
3. Fees and Services
Joining and setting up a shop on Classroom2Classroom is free. Classroom2Classroom does not charge a fee for listing an item for sale. Classroom2Classroom does charge a percentage of the sale price when the item sells. Classroom2Classroom's Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for Classroom2Classroom's services are effective after Classroom2Classroom provides you with at least fourteen (14) days' notice by posting the changes on the Site. However, Classroom2Classroom may choose to temporarily change the Fees Policy and the fees for Classroom2Classroom's services for promotional events (for example, back-to-school); such changes are effective when Classroom2Classroom posts the temporary promotional event on the Site. Classroom2Classroom may, at Classroom2Classroom's sole discretion, change some or all of Classroom2Classroom's services at any time. In the event Classroom2Classroom introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).
All fees due Classroom2Classroom will be collected from the final transaction before funds are distributed to sellers. Fees associated with PayPal are not controlled by Classroom2Classroom and are the responsibility of the seller.
4. Listing and Selling
Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with Classroom2Classroom's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your Classroom2Classroom shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing.
Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding Classroom2Classroom transaction fees, misrepresent the item's location, or use another user's account without permission.
5. Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to Classroom2Classroom and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on Classroom2Classroom.
Restricted Activities: Your Content and your use of Classroom2Classroom shall not:
1. Be false, inaccurate or misleading
2. Be fraudulent or involve the sale of illegal, counterfeit or stolen items
3. Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also, Classroom2Classroom's Copyright and Intellectual Property Policy)
4. Violate this Agreement or any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
5. Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall
6. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Classroom2Classroom staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
7. Be obscene or contain child pornography
8. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
9. Host images not part of a listing
10. Modify, adapt or hack Classroom2Classroom or modify another website so as to falsely imply that it is associated with Classroom2Classroom;
11. Appear to create liability for Classroom2Classroom or cause Classroom2Classroom to lose (in whole or in part) the services of Classroom2Classroom's ISPs or other suppliers
Re-Posting Content: By posting Content on Classroom2Classroom, it is possible for an outside website or a third party to re-post that Content. You agree to hold Classroom2Classroom harmless for any dispute concerning this use. If you choose to display your own Classroom2Classroom-hosted image on another website, the image must provide a link back to its listing page on Classroom2Classroom.
Idea Submissions: Classroom2Classroom considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and Classroom2Classroom shall not be liable for the disclosure or use of such Material. If, at Classroom2Classroom's request, any member sends Material to improve the site (for example through the Forums or to customer support), Classroom2Classroom will also consider that Material to be non-confidential and non-proprietary and Classroom2Classroom will not be liable for use or disclosure of the Material. Any communication by you to Classroom2Classroom is subject to this Agreement. You hereby grant and agree to grant Classroom2Classroom, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
7. Information Control
Classroom2Classroom does not control the Content provided by users that is made available on Classroom2Classroom. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using Classroom2Classroom, you agree to accept such risks and that Classroom2Classroom (and Classroom2Classroom's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Classroom2Classroom. Please use caution, common sense, and practice safe buying and selling when using Classroom2Classroom.
Other Resources: Classroom2Classroom is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Classroom2Classroom does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Classroom2Classroom shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
8. Resolution of Disputes and Release
In the event a dispute arises between you and Classroom2Classroom, please contact Classroom2Classroom.
Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Alameda County, California, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the California. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and Classroom2Classroom agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Should you have a dispute with one or more users, or an outside party, you release Classroom2Classroom (and Classroom2Classroom's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Classroom2Classroom encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
Classroom2Classroom, for the benefit of users, may try to help users resolve disputes. Classroom2Classroom does so in Classroom2Classroom's sole discretion, and Classroom2Classroom has no obligation to resolve disputes between users or between users and outside parties. To the extent that Classroom2Classroom attempts to resolve a dispute, Classroom2Classroom will do so in good faith based solely on Classroom2Classroom's policies. Classroom2Classroom will not make judgments regarding legal issues or claims.
9. Classroom2Classroom's Intellectual Property
CLASSROOM2CLASSROOM, and other Classroom2Classroom graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Classroom2Classroom, LLC. in the U.S. and/or other countries. Classroom2Classroom's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
Classroom2Classroom may contain robot exclusion headers which contain internal rules for software usage. Much of the information on Classroom2Classroom is updated on a real-time basis and is proprietary or is licensed to Classroom2Classroom by Classroom2Classroom's users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access Classroom2Classroom for any purpose whatsoever. Additionally, you agree that you will not:
1. Take any action that imposes, or may impose, in Classroom2Classroom's sole discretion, an unreasonable or disproportionately large load on Classroom2Classroom's infrastructure
2. Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) or other allowed uses as set out in this agreement from the Site except to the extent expressly permitted by Classroom2Classroom's or otherwise without the prior express written permission of Classroom2Classroom and the appropriate third party, as applicable
3. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
4. Bypass Classroom2Classroom's robot exclusion headers or other measures Classroom2Classroom may use to prevent or restrict access to Classroom2Classroom
Without limiting any other remedies, Classroom2Classroom may, without notice, and without refunding any fees, delay or immediately remove Content, warn Classroom2Classroom's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
13. No Warranty
CLASSROOM2CLASSROOM, CLASSROOM2CLASSROOM'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CLASSROOM2CLASSROOM'S SUPPLIERS PROVIDE CLASSROOM2CLASSROOM'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. CLASSROOM2CLASSROOM, CLASSROOM2CLASSROOM'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND CLASSROOM2CLASSROOM'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM CLASSROOM2CLASSROOM SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
14. Liability Limit
IN NO EVENT SHALL CLASSROOM2CLASSROOM, AND (AS APPLICABLE) CLASSROOM2CLASSROOM'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR CLASSROOM2CLASSROOM'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, CLASSROOM2CLASSROOM'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
CLASSROOM2CLASSROOM'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF CLASSROOM2CLASSROOM'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO CLASSROOM2CLASSROOM IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD CLASSROOM2CLASSROOM AND (AS APPLICABLE) CLASSROOM2CLASSROOM'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
16. No Guarantee
Classroom2Classroom does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Classroom2Classroom's control.
17. Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Classroom2Classroom service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on Classroom2Classroom's net income).
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
19. No Agency
You and Classroom2Classroom are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
20. Classroom2Classroom Service
21. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of California, excluding its conflicts of laws rules, and the United States of America.
Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 8 (Resolution of Dispute and Release), 9 (Classroom2Classroom's Intellectual Property), 10 (Interference), 11 (Breach), 12 (Privacy), 13 (No Warranty), 14 (Liability Limit), 15 (Indemnity), 16 (No Guaranty), 18 (Severability), 19 (No Agency), 21 (Choice of Law) shall survive any termination or expiration of this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Classroom2Classroom; Attn: Legal Department; 4835 Golden Rd., Pleasanton, CA 94566 (in the case of Classroom2Classroom) or, in your case, to the email address you provide to Classroom2Classroom (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Classroom2Classroom may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Classroom2Classroom. In such case, notice shall be deemed given three days after the date of mailing.
For issues with intellectual property, please provide the notice as specified in Classroom2Classroom's Copyright and Intellectual Property Policy.
The services hereunder are offered by Classroom2Classroom Inc., located at 4835 Golden Rd., Pleasanton, CA 94566. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
Lexile® is the registered Trademark of MetaMetrics. AR™ is the Trademark of Renaissance Learning, Inc. DRA™ is the Trademark of Pearsons Education, Inc.
When you make a sale on Classroom2Classroom, you will be charged a fee 10% of the total sale price. This fee is not applied to shipping. PayPal fees are currently paid by Classroom2Classroom. We reserve the right to assess a handling fee that is paid by the buyer. The handling fee will range from $.30 to $.89 per transaction.
2. Paying fees
All fees will automatically be paid to Classroom2Classroom or PayPal via the payment processing gateway used by Classroom2Classroom.
All fees and items on Classroom2Classsroom are listed in US Dollars.
Attn: Legal Department
4835 Golden Rd,
Pleasanton, CA 94566