Planbook Terms of Service

Acceptance of Terms

Welcome to Planbook, an online lesson management system. Planbook provides its services to you, subject to the following conditions. When using Planbook services, you and Planbook shall be subject to any posted guidelines or rules applicable to such services. Planbook may update these conditions from time to time without notice.

Description of Service

Planbook provides users with access to online services that allow you to create and manage classes, lessons, and events over the Internet and share these items with others. Unless explicitly stated otherwise, any new features that augment or enhance the current services, including the release of new services, shall be subject to the Terms of Service (TOS). You understand and agree that all services are provided "AS-IS" and that Planbook assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

In order to use the services, you must obtain access to the World Wide Web, either directly or through devices that access Web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

Your Registration Obligations

In consideration of your use of Planbook, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted on the Account Information page (such information being the "Account Information") and (b) maintain and promptly update the Account Information data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Planbook has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Planbook has the right to suspend or terminate your account and refuse any and all current or future use of Planbook's services (or any portion thereof).

Accounts may not be Shared

You understand that Planbook accounts may not be shared. A Planbook account may be used only by the single individual whose name appears in Account Information. If Planbook has reasonable grounds to suspect that an additional person has been accessing your account without having rendered proper payment to Planbook, Planbook has the right to suspend or terminate your account and refuse any and all current or future use of Planbook services.

Please review our Privacy Policy, which governs your visit to Planbook, to understand our practices.

Member Accounts, Passwords, and Security

When you use Planbook, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account and password. When you visit Planbook or send e-mails to us, you are communicating with us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Member Conduct

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Planbook, are entirely responsible for all Content that you post, e-mail, or otherwise transmit via Planbook. Planbook does not control the Content posted via Planbook, as such, does not guarantee the accuracy, integrity, or quality of such Content. Under no circumstances will Planbook be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed, or otherwise transmitted via Planbook.

You agree to not use Planbook to:

upload, post, e-mail or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to, a Planbook official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through Planbook;
upload, post, e-mail or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, e-mail, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of any party;
upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation that are designated for such purpose;
upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
interfere with or disrupt Planbook services or servers or networks connected to Planbook services, or disobey any requirements, procedures, policies, or regulations of networks connected to Planbook services;
intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law;
"stalk" or otherwise harass another; or
collect or store personal data about other users.

You acknowledge that Planbook may not pre-screen Content, but that Planbook and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via Planbook. Without limiting the foregoing, Planbook and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

You acknowledge and agree that Planbook may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third- parties; or (d) protect the rights, property, or personal safety of Planbook, its users, and the public.

You understand that the technical processing and transmission of Planbook services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Indemnity

You agree to indemnify and hold Planbook, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to, or transmit through Planbook, your use of Planbook services, your connection to Planbook services, your violation of the TOS, or your violation of any rights of another.

No Resale of Service

You agree not to reproduce, duplicate, or copy any portion of Planbook, use of Planbook services, or access to Planbook services.

General Practices regarding Use and Storage

You acknowledge that Planbook may establish general practices and limits concerning use of Planbook services, including without limitation posted Content that will be retained by Planbook services, the maximum disk space that will be allotted on Planbook servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access Planbook services in a given period of time. You agree that Planbook has no responsibility or liability for the deletion or failure to store any data and other communications or other Content maintained or transmitted by Planbook services. You acknowledge that Planbook reserves the right to delete accounts that are inactive for an extended period of time. You further acknowledge that Planbook reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Modifications to Service

Planbook reserves the right at any time to modify or discontinue, temporarily or permanently, Planbook services (or any part thereof), with or without notice. You agree that Planbook shall not be liable to you or to any third party for any modification, suspension, or discontinuance of Planbook services.

Termination

You agree that Planbook, in its sole discretion, may terminate your password, username, account (or any part thereof) or use of Planbook, and remove and discard any Content within Planbook services, for any reason, including, without limitation, for lack of use or if Planbook believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Planbook may also in its sole discretion and at any time discontinue providing Planbook services, or any part thereof, with or without notice. You agree that any termination of your access to Planbook services under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Planbook may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or Planbook services. Further, you agree that Planbook shall not be liable to you or any third party for any termination of your access to Planbook services.

Proprietary Rights

You acknowledge and agree that Planbook services and any necessary software used in connection with Planbook services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through Planbook services is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.

Disclaimer of Warranties

You expressly understand and agree that:

This site is provided by Planbook on an "as is" and "as available" basis. Planbook makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk.

Planbook makes no warranty that (i) Planbook services will meet your requirements, (ii) Planbook services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of Planbook services will be accurate or reliable, (iv) the quality of any products, services, information, or other material obtained by you through Planbook services will meet your expectations, and (v) any errors in the software will be corrected.
To the full extent permissible by applicable law, Planbook disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Planbook does not warrant that this site, its servers, or e-mail sent from Planbook are free of viruses or other harmful components. You expressly understand and agree that Planbook shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Planbook has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use Planbook services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into, through or from Planbook services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on Planbook services; or (v) any other matter relating to Planbook services.
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 might have additional rights.

Notice

Notices to you may be made via either e-mail or regular mail. Planbook services may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on Planbook services.

Trademark Information

Planbook.com, the Planbook logo, and other Planbook logos and product and service names are trademarks of Planbook. Without Planbook's prior permission, you agree not to display or use in any manner, the Planbook Marks.

Copyrights and Copyright Agents

Planbook respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Planbook with the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed upon;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and e-mail address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Planbook can be reached as follows:

Teacher Innovations, Inc.
P.O. Box 549
Yorkville, IL 60560

By phone: (888) 205-5528

By e-mail: support@planbook.com

General Information

The TOS constitute the entire agreement between you and Planbook and govern your use of Planbook services, superseding any prior agreements between you and Planbook. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. The TOS and the relationship between you and Planbook shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. You and Planbook agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Kendall, Illinois. The failure of Planbook to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. 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 Planbook services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

Violations

Please report any violations of the Terms of Service to support@planbook.com.

Last Update

Planbook Terms of Service was last updated on July 1, 2020