Terms of Use

1. Membership Renewal, Renewal Notification and Cancellation

MEMBER AUTHORIZES THAT THEIR LESSON PLANET MEMBERSHIP SHALL BE AUTOMATICALLY RENEWED UPON COMPLETION OF THEIR CURRENT MEMBERSHIP TERM (THE RENEWAL DATE), UNLESS THE MEMBER INDICATES OTHERWISE. Members are sent two courtesy membership auto-renewal reminders via email (at 30 days and 10 days) prior to their renewal date (note: members are responsible for updating any changes to their email address via the 'Your Account' link within Lesson Planet). Upon the renewal date the member's credit card shall be charged the standard, 12-month Lesson Planet Membership fee ($29.95 as of September 1 2007), regardless of their current term length or membership price. Members may elect to cancel the auto-renewal of their membership prior to their annual renewal date. Experience has shown that most Lesson Planet members appreciate the convenience of having their membership auto-renewed upon their renewal date. However, if for any reason, a member does not want to have their membership auto-renewed on their renewal date, the member simply needs to log-in to www.lessonplanet.com, click on the "Your Account" link and "cancel membership renewal" prior to their renewal date.

Note: From time to time a member may not receive their 30 day and 10 day auto-renewal reminder emails. If this occurs it is likely because either the member's ISP inadvertently blocked the reminder emails or during the year the member changed their email address (and simply forgot to let Education Planet know). We want you to want to be a member! If your Lesson Planet membership did auto-renew (as scheduled and agreed upon) and you prefer that it had not auto-renewed, simply let us know as soon as possible by emailing support@lessonplanet.com and we will promptly credit your account. If a Lesson Planet Member has not logged into Lesson Planet for the 10 months prior to their renewal date, then their membership account will not auto-renew and instead will expire upon their renewal date. Please note in order to improve our service and simplify the sign up process, on March 8th, 2006 existing Lesson Planet Silver Memberships were upgraded to Lesson Planet Gold Memberships.

2. Availability of Services

Education Planet's Lesson Planet Membership (Lesson Planet and Teacher Web Tools) services (collectively, the "Membership Services") are available only to one registered user (each, a "Member") with Education Planet.

3. Member's Responsibilities

Members must be aware of and comply to The Children's Online Privacy Protection Act (COPPA). This Act defines the standards for protecting the privacy of children online. To protect the privacy of the people EP members may use our tools with, you must comply with the following:

If you use any Member Services to collect any personally identifiable information (i.e. e-mail addresses) about anyone under the age of 13, you must first obtain verifiable parental consent. Under COPPA verifiable parental consent includes consent communicated by telephone, fax or mail. COPPA does not consider consent submitted via e-mail verifiable.

Member shall not provide Member's password to any third person or permit its use by any third person. Members are fully responsible for use of their account by authorized third parties (i.e. students, parents, colleagues). Subscribers are also responsible for any misuses of the services by third parties. Member understands and acknowledges that neither Education Planet nor any of its third-party product or service providers shall be responsible for any lost data, inaccurate output, or work delays resulting from any services or products provided by Education Planet.

4. Standards of Conduct

While using Education Planet services as a member, you agree to respect the rights other people and property. Education Planet reserves the right to prohibit conduct that we believe may be harmful to any of our users. Examples of behavior that is considered unacceptable and in violation of this Terms of Service policy include:

Posting or transmitting any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.

Post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component;

Upload, post, publish, transmit, data mine, reproduce, or distribute in any way, information, software or other material obtained through the Education Planet Site which is protected by copyright, or other intellectual property right, or derivative works with respect hereto, without obtaining permission of the copyright owner or right holder.

5. Memberships Non-Transferable

Education Planet memberships and all rights of Members to receive Membership Services, are non-transferable.

6. FREE TRIAL MEMBERSHIP OFFERS

From time to time we encourage the use of our service with a Free Trial (Free Trial) Membership offer, generally between 10 and 31 days long. Free Trial Membership offers are only available to first time members of Lesson Planet. Free trials cannot be combined with any other offer. Only one free trial may be redeemed per household. Lesson Planet may, at its option, extend or decrease the number of days of a Free Trial. You must have Internet access and a valid credit card to redeem a free trial offer. At any time during the Free Trial you may cancel your membership by completing cancel free trial form available at www.lessonplanet.com during the free trial period Upon completion of your Free Trial, if you choose not to cancel, your card will be charged the standard (or discounted) fee for an annual Lesson Planet Membership.

7. Education Planet Privacy Policy

Education Planet is very concerned about and committed to preserving the privacy of all of its users, however, Education Planet cannot ensure or guarantee privacy for Education Planet users. It is therefore recommended that this service not be used for the transmission of confidential information. Any such use shall be at the sole risk of the user, and Education Planet and its affiliate and related companies shall be relieved of all liability in connection therewith. All use of the Membership Services and the Education Planet website is subject to Education Planet's Privacy Policy, which may be reviewed by clicking here. Though Education Planet promotes responsible privacy policies, Education Planet cannot control or be responsible for the privacy practices of third-party websites or service providers to which the Education Planet website contains links, or for the privacy practices of providers of services or products that are available from the Education Planet website or membership plans.

8. Links to Other Sites

Education Planet's editors go to great efforts to provide only high quality education-related web resources that are valuable and appropriate for children. However, because Education Planet does not have control over the changing nature of content on sites that are listed in its directories, Education Planet lists Internet sites for use at the visitor's risk and explicitly disclaims any responsibility for the accuracy, content, or availability of information the resources may contain. Subsequently, Education Planet does not warrant or guarantee that information from a listed site will not contain material which some individuals may deem inappropriate or objectionable.

9. NO WARRANTIES

EDUCATION PLANET'S MEMBERSHIP SERVICES, EDUCATION PLANET WEBSITE(S) (INCLUDING ALL INFORMATION AND PRODUCTS THAT ARE REFERENCED OR LINKED TO ON EDUCATION PLANET WEBSITE(S)), AND ALL OTHER INFORMATION, DOCUMENTS, PRODUCTS, SOFTWARE, DOWNLOADS, SERVICES, AND INFORMATION PROVIDED BY EDUCATION PLANET AND ANY OF ITS THIRD-PARTY PRODUCT OR SERVICE PROVIDERS ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. EDUCATION PLANET ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR OTHER INADEQUACIES IN THE MEMBERSHIP SERVICES, EDUCATION PLANET WEBSITE(S) (INCLUDING ALL INFORMATION AND PRODUCTS THAT ARE REFENCED OR LINKED TO ON EDUCATION PLANET WEBSITE(S)), OR ANY OTHER INFORMATION, DOCUMENTS, PRODUCTS, SOFTWARE, DOWNLOADS, SERVICES, AND INFORMATION PROVIDED BY EDUCATION PLANET OR ANY OF ITS THIRD-PARTY PRODUCT OR SERVICE PROVIDERS.

10. LIMITATION OF LIABILITY

IN NO EVENT SHALL EDUCATION PLANET BE LIABLE TO ANY PERSON FOR ANY SPECIAL, GENERAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM NEGLIGENT OR CRIMINAL ACTS OF THIRD PARTIES, LOSS OF USE, LOSS OF DATA, LOST PROFITS, OR COMPUTER HARDWARE DAMAGE, IN CONNECTION WITH ANY OF THE MEMBERSHIP SERVICES, THE EDUCATION PLANET WEBSITE (INCLUDING ALL INFORMATION, SERVICES, AND PRODUCTS THAT ARE REFERENCED OR LINKED TO IN THE EDUCATION PLANET WEBSITE(S)), OR ANY OTHER INFORMATION, DOCUMENTS, PRODUCTS, SOFTWARE, DOWNLOADS, REPAIR SERVICES, ADVICE, AND INFORMATION PROVIDED BY EDUCATION PLANET OR ANY OF ITS THIRD-PARTY PRODUCT OR SERVICE PROVIDERS, WHETHER SUCH PERSON IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. Force Majeure

In the event Education Planet's delivery of the Membership Services is delayed, prevented, or otherwise made impracticable by reason of any acts of God, fires, floods, earthquakes, or other natural catastrophes; national emergencies, strikes, lockouts or other labor difficulties; computer "hacking" attack or computer virus; any law, order, regulation or other action of any governing authority; or any other cause beyond Education Planet's reasonable control, then Education Planet shall be excused from such delivery to the extent that it is delayed or prevented by such cause.

12. Indemnity

You agree to defend, indemnify and hold Education Planet and its affiliate and related companies harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any Violation of this Agreement by you or users of your account, or in connection with the use of the Education Planet Site or the Internet or the placement or transmission of any message, information, software or other materials on the Education Planet Site or on the Internet by you or users of your account.

13. Modifications to Terms of Service

Education Planet reserves the right to amend the Terms of Service that govern use of the Membership Services and the Education Planet website(s) at any time by (a) posting a revised version of the Terms of Service on the Education Planet website (www.educationplanet.com/termsofservice.html), or by (b) sending information regarding any amendment to the Terms of Service to the email address Member provides to Education Planet. Member is responsible for regularly reviewing the Education Planet website to be notified of any amendments to the Terms of Service. A Member's continued use of the Membership Services after such amended Terms of Service have been posted or information regarding such amended Terms of Service has been sent to Member shall be deemed acceptance by Member of the amended Terms of Service.

14. Suspension or Termination of Memberships

Education Planet reserves the right to suspend or terminate any Membership Services of any Member that Education Planet, in its sole discretion, determines are being used (a) fraudulently, (b) by any person other than Member (c) in violation of Member Responsibilities defined above. The disclaimers and limitations of liabilities served forth in this agreement shall survive.

15. General

In addition to the Terms of Service, Member agrees to be bound by the Privacy Policy and all other legal notices contained on Education Planet website(s), which collectively constitute the entire agreement between Member and Education Planet. Education Planet and/or third party providers may make improvements and/or changes in the products, services, programs, business or customer policies and prices described in their websites at any time without notice. California law will govern any action related to the Terms of Service, without regard to conflict of law principles. The Terms of Service shall be construed as if it was executed and performed in Santa Barbara, California. Any cause of action by a Member or other viewer of this website must be commenced within one (1) year after the cause of action arose or it shall be forever waived and barred. If any provision of the Terms of Service be held invalid or unenforceable, that portion shall be enforced to the maximum extent possible, and all other provisions contained in the Terms of Service shall remain in full force and effect. Education Planet's failure to enforce any provision of the Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such provision. The Education Planet website is available internationally and may contain references to Education Planet products, services, and programs that are not available in a viewer's country. These references do not imply that Education Planet intends to make such products, services, or programs available in such country.