TeacherVision® Membership Terms (Revised 8/2016)

FEN LEARNING, INC. ("FEN") operates the TeacherVision® service available at www.teachervision.com (the "Site” or “TV Site”). These Membership Terms govern your purchase of a paid TeacherVision Membership (“TV Membership Service”), and related items or services. Please read them carefully before completing your purchase. FEN may update these Membership Terms, from time to time. Your purchase will be governed by the Membership Terms in place at the time your purchase was made.

Your use of the www.teachervision.com website (the “Site” or the “TV Site”) will be governed, separately, by the Website Terms of Use.

I. MEMBERSHIP, ACCOUNT OBLIGATIONS AND RECURRING CHARGES

In consideration of use of the TV Membership Service, Member agrees to: (a) provide true, accurate, current and complete information about Member during the registration process, and (b) to maintain and update this information to keep it true, accurate, current and complete. This information about a Member shall be referred to as "Registration Data." If any information provided by Member is untrue, inaccurate, not current or incomplete, FEN has the right to terminate Member's account and refuse any and all current or future use of the TV Membership Service.

Member agrees to pay for the TV Membership Service on time and in full. Member agrees that any credit card or billing information provided corresponds to an account that Member is authorized to use. Member acknowledges and agrees that FEN is permitted to charge or bill such account in order to collect payment and to continue to do so in the future for renewal subscriptions.

Cancellation. If you are using the Site on a free-trial basis, your access is limited to the online content (lesson plans, printables, resources) on teachervision.com. Unless otherwise specified, you are limited to one free-trial membership per year. All new subscriptions to the TV Membership Service come with a 60 day money back guarantee. If you are not satisfied for any reason, please cancel your account by calling Customer Support at 1-800-498-3264. We must receive your request on or before the 60th day after your subscription starts. If you decide to cancel after the 60th day of your new subscription but before the sixth month anniversary, then we will refund the amount paid that exceeds your prorated subscription fee (calculated by dividing the days of active subscription from the date of registration to cancellation, by the total number of days the subscription would have been effective had it not been for the cancellation (i.e., 365 if it's a one year subscription), and multiplying the result with the amount of the subscription fee actually paid by Member). There will be no refund of any amount: (i) if you cancel your new subscription after the sixth month anniversary date, or (ii) if you cancel any renewal subscription at any time.

Automatic Renewal. All existing subscriptions to TV Membership Service paid via credit card will be automatically renewed upon subscription expiration (the last day of the stated subscription term). Payment for such renewal term, at the applicable then standard subscription price, will be automatically charged in the same manner and method of payment as the initial subscription was made or in the manner and method of payment as updated online by the Member after initial subscription was made, and the Member will be notified that such automatic renewal has occurred. Member agrees that any credit card or billing information provided corresponds to an account that Member is authorized to use, and Member acknowledges and agrees that FEN is permitted to charge such account in order to collect payment and to continue to do so in the future for renewal subscriptions.

Memberships are non-transferable and non-refundable, except at FEN’s sole discretion or as may be required by law.

For additional information on Membership charges and how to cancel your TV Membership to avoid renewal charges, please see our FAQs on this topic.

Tax. For certain purchases on this Site, FEN may be required to collect sales, use or similar taxes. In states or regions that impose such tax, a purchase is subject to tax unless specifically exempt. Where applicable, such taxes will be billed as a separate item and paid by the User or Member. FEN will collect tax as required by law unless the User or Member has a valid sales tax exemption certificate on file with FEN.

II. MODIFICATIONS TO OR DISCONTINUANCE OF THE SERVICE

FEN reserves the right to modify or discontinue, temporarily or permanently, the Site, the TV Membership Service, or any parts thereof. In the case of any scheduled temporary or permanent discontinuance of the TV Membership Service, FEN will endeavor to provide reasonable advance notice to Members. If FEN permanently discontinues the TV Membership Service prior to the end of a Member’s then-current subscription term, provided such Member actually paid the subscription fees, FEN will refund the amount paid that exceeds such Member’s prorated subscription fee (calculated by dividing the days of active subscription from the date of registration/node/37131al to the date of permanent discontinuance of the TV Membership Service by FEN, by the total number of days the subscription would have been effective had it not been for the discontinuance (i.e., 365 if it's a one year subscription), and multiplying the result with the amount of the subscription fee actually paid by the Member). No refunds, partial or otherwise, will be provided for any temporary discontinuance of the Site, including the TV Membership Services or any portions thereof, including, without limitation, for emergency or routine maintenance or due to reasons beyond FEN’s reasonable control.

FEN reserves the right to change the price of the subscription to the TV Membership, provided that such price change will not apply to the then-current term of any subscription then existing.

III. MEMBER ACCOUNT, PASSWORD AND SECURITY

Member is responsible for maintaining the confidentiality of the password and other credentials for Member’s TV Membership account, and is fully responsible for all activities which occur under Member's username, password or other credentials for Member’s TV Membership. Member may not share or allow another person to use such credentials. Member agrees to immediately notify FEN of any unauthorized use of Member's username, password or other credentials for Member’s TV Membership or any other breach of security.

IV. NO RESALE OF SERVICE

Member agrees not to release or resell the TV Membership Service or use of or access to the Site including the TV Membership Service.

V. CONTENT STORAGE

FEN assumes no responsibility for the deletion or failure to store any content submitted by the Member in connection with Member’s use of the TV Membership Service. FEN may, with or without notice to Member, establish an upper limit on the size of such content it will maintain for any Member.

VI. TERMINATION

Member agrees that FEN may terminate Member's account to the TV Membership Service including username, password or other credentials and/or use of the Site including the TV Membership Service or any portions thereof, if FEN believes (a) that Member has breached these Terms of Use, or (b) that Member has violated the rights of FEN or other Members or parties. No refunds of any subscription fees will be given for any such termination. Member acknowledges and agrees such termination of service may be effected without prior notice, and acknowledges and agrees that FEN may immediately delete files and data in or related to Member's account and bar any further access to such files or the TV Membership Service. In the case of failure to pay subscription fees by their due date, FEN will provide a minimum of 30 days advance notice of such termination, after which time it may delete files and data in or related to Member's account, and bar any further access to such files or the TV Membership Service.

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