Bill Davidson d/b/a The Davidson Group (“TDG”) provides information about math education and math education products for your (alternately referred to herein as “you”, “Customer” or “User”) use and enjoyment. “The Service” (as defined herein below) of TDG is operated by Bill Davidson (collectively, "us", "we" or the “Company"). By using or accessing our website with the URL of http://teacherbilldavidson.com or the mobile version of the website (collectively and individually, the "Site") that sells math education products (the “Service”) you signify that you have read, understand and agree to be bound by these terms of use ("Terms of Use"). The Company reserves the right, at its sole discretion, to modify, add, change or delete portions of these Terms of Use at any time without notice. If the Company does this, it will post the changes to these Terms of Use on this page and indicate at the top of such page the date on which such terms were last revised. Your continued use of the Site or the Service after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to adhere to these or to any future Terms of Use, do not use or access (or continue to use or access) the Site or the Service. It is your responsibility to regularly check the Site to see if the Terms of Use have been changed and to review any such changes.
PLEASE READ THESE TERMS OF USE VERY CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL REMEDIES, RIGHTS AND OBLIGATIONS. THESE INCLUDE VARIOUS EXCLUSIONS AND LIMITATIONS, AS WELL AS A DISPUTE RESOLUTION CLAUSE THAT GOVERNS THE MANNER OF DISPUTE RESOLUTION.
Product Availability
We cannot guarantee that a product that appears available on the Site is available for download at all times. In rare cases, the download of a product file may fail. PRICES AND AVAILABILITY OF THE PRODUCTS ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. The listing, description of, or reference to, a product or service on the Site does not imply that the product is presently available. In the event a product is listed at an incorrect price due to a typographical error or any other reason, we shall have the right to refuse or cancel any order placed for such product at the incorrect price, even if the order has been confirmed and/or your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall promptly issue a credit to your credit card account in the amount of the incorrect price.
Order Acceptance
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason or for no reason at all. If we must cancel an order, our customer service representative will contact you.
Tax
We are required by law to charge applicable sales tax on products downloaded to those jurisdictions that charge such a tax and in which we operate.
Changes/Cancellations
We are unable to modify or cancel an order once it has been placed.
Returns
No returns are accepted.
Security
In consideration of your use of the Site, you agree to (a) maintain the security of your password and identification; (b) provide current, complete and accurate information about yourself, as may be requested by any registration forms on the Site (collectively, "Registration Data"); (c) promptly update and maintain such Registration Data; (d) keep any other information you provide to the Company accurate, complete and current; and (e) be fully responsible for all use of your account and for any actions that may occur using your account.
Proprietary Rights in Site Content
All content on the Site and available through the Service, including without limitation the designs, text, graphics, music, sound, photographs, pictures, video, information, applications, software and other files, and their arrangement and selection (collectively, the "Site Content"), are the proprietary materials and property of the Company or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, sold or transmitted in any form or by any means, in whole or in part, without the Company's prior written permission. Nothing in these Terms of Use shall be construed as conferring any license to any intellectual property rights, whether by implication, estoppel, or otherwise.
Trademarks and Trade Dress
“The Davidson Group” and other Company graphics, logos, designs, page headers, button icons, scripts and service names are the trademarks and / or trade dress of Company in the U.S.. The Company’s trademarks and trade dress, as applicable, may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
Copyright
The copyrights in and to all math education products offered for sale on the Site belong one hundred percent (100%) to TDG.
Privacy
By using the Site or the Service, you are consenting to have your personal data transferred to and processed by us anywhere in the world. See our Privacy Policy on the Site for more details.
Modification of the Site and the Services
We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.
External Links
We may provide links to other websites from time to time. These links are provided for your convenience. We do not endorse or take responsibility for the content of those websites, are not responsible for the availability of them, and will not be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to access linked websites you do so at your own risk.
Disclaimers
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, providers, servers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Site or the Service. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage, personal injury or death, resulting from anyone's use of the Site or the Service. The Site and the Service are provided on an as-is basis. Company hereby expressly disclaims any and all representations and warranties, whether express or implied, including without limitation warranties of title, fitness for a particular purpose, merchantability or non-infringement. The Company does not and cannot promise certain results from use of the Site and/or Service. Nor does the Company represent or warrant that content or materials on the Site or the Service are complete, accurate or error-free or that the Site or its servers are free from viruses or other harmful elements. EXERCISE CAUTION AND FORETHOUGHT IN DOWNLOADING ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT, LOCATE AND ERADICATE VIRUSES. WITHOUT LIMITING ANY OF THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AT YOUR OWN RISK AND DISCRETION AND THAT YOU ARE AND WILL BE SOLELY RESPONSIBLE FOR YOUR USE OF SUCH SERVICE AND ANY DAMAGES TO YOUR MOBILE DEVICE, TELEPHONE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. The Company hereby expressly reserves the right to change any and all content, other items, and software used or contained in the Site, the Service, and any other services offered through the Site at any time without notice.
Limitation on Liability
IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, EVEN IF THE COMPANY IS AWARE OR HAS BECOME AWARE OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED ONE THOUSAND U.S. DOLLARS ($1,000). YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY IS HELD TO BE UNENFORCEABLE FOR ANY REASON, THEN OUR MAXIMUM LIABILITY FOR ANY OF THE FOREGOING TYPES OF DAMAGES SHALL BE LIMITED TO THE AMOUNT THAT WE RECEIVE FOR THE TRANSACTION THAT GAVE RISE TO THE CLAIM.
Miscellaneous Terms of Use
We may be required by federal or state law to notify you of certain occurrences. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Sites or by delivering them to you via email. You may update your email address by visiting the Site where you have provided your contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You have the right to request that we provide such notices to you in paper format, and may do so by contacting TDG at bdavidson40@gmail.com. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. These Terms of Use, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and TDG and govern your use of the Site, superseding any prior agreements that you may have with us. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Use shall continue in effect.
Arbitration
These Terms of Use shall be construed in accordance with the laws of the State of California, and the parties irrevocably consent to bring any action to enforce these Terms of Use before an arbitration panel. YOU AND COMPANY AGREE THAT, EXCEPT AS MAY OTHERWISE APPLY AND BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION. Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules (the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) be instituted more than one (1) year after the cause of action arose.
Other
These Terms of Use constitute the entire agreement between you and Company regarding the use of the Site and/or the Service, superseding any prior agreements between you and Company relating to your use of the Site or the Service. The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
Notices
All formal notices from you to us shall be sent to: The Davidson Group, 11229 Greenlawn Avenue, Culver City, California 90230. All notices to you shall be sent to the email address that you provide to us when you register. Such notice shall be deemed given one (1) business day after the email is sent.