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Buyer/Seller Rights and Conditions

A. Fees.

 

Membership Fees and Service Fees. Sellers who wish to sell their Content through the Service must join TEACHWISE. Two types of membership are available for Sellers: (i) Basic Membership and (ii) Premium Membership. Basic Members who are Sellers pay no annual membership fee. Premium Members who are Sellers must pay an annual membership fee of $44.95. Basic Members and Premium Members who are Sellers both will be charged service fees on sales made through the Service, as set forth in greater detail in Section 3C below. Sellers can upgrade membership from the Basic level to the Premium level at any time. Buyers who wish to purchase Content through the Service also must join TEACHWISE. Buyers pay no membership fee to join TEACHWISE and there is no service fee for Buyers who purchase materials from Sellers through the Service.

 

Shipping, Handling and Processing Charges. Sellers may charge for shipping, handling, and processing of the physical materials that are sold via the Service by including the shipping, handling, and processing method and charges in the sale price of the item.

 

B. Pricing of Content.

 

Sellers are solely responsible for setting the prices for the sale of their Content distributed through the Service, including for both electronic and physical materials, provided that such pricing (for items that are not offered free of charge). Sellers are obligated to sell their Content at the prices listed on the Service.

 

C. Agreement of Seller to Pay Service Fees and to Upload or Ship Content.

 

In consideration for the services provided by TEACHWISE, you (Seller) agree to pay TEACHWISE a service fee (“Service Fee”) for all Content you sell to Buyers through the Service, in accordance with the following: (i) Basic Members will pay a Service Fee equal to 25% of the sale price of each item of digital Content sold plus 30 cents per item; (ii) Basic Members will pay a Service Fee equal to 25% of the sale price (excluding shipping) of each item of new physical Content sold plus 30 cents per item; (iii) Basic Members will pay a Service Fee equal to 25% of the sale price (excluding shipping) plus 30 cents per item, for each item of used physical Content sold; (iv) Premium Members will pay a Service Fee equal to 10% of the sale price of each item of digital Content sold; (v) Premium Members will pay a Service Fee equal to equal to 10% of the sale price (excluding shipping) of each item of new physical Content sold; (vi) Premium Members will pay a Service Fee equal to 10% of the sale price (excluding shipping) for each item of used physical Content sold.

 

For each transaction, TEACHWISE will automatically deduct the Service Fee from the sale price collected from Buyers through the Service, and then will distribute the remaining amounts to the Seller a weekly basis for premium members and bimonthly for basic members : (a) TEACHWISE will collect payment from Buyers at the time Content is purchased through the Service, (b) TEACHWISE will notify you (the Seller by email of the sale once payment has been verified and collected from the Buyer, (c) in the case of physical Content, TEACHWISE will provide the Seller with the Buyer’s shipping address and any other information required for the Seller to fulfill the order. If you are in breach of these Terms, for example due to violation of the conduct provisions in Section 6 hereto, TEACHWISE reserves the right, according to its sole discretion, to withhold any funds that would otherwise be due to you under these Terms, and either _keep those funds permanently_, or refund them to the Buyers who purchased content from you. TEACHWISE reserves the right to delay payment. Monthly payments will be made through PayPal for all Sellers. TEACHWISE reserves the right to add, remove or otherwise alter the payment processors used by the Service. If you (as a Seller) cannot acquire an account with an approved payment processor, we may consider an alternative form of payment on a case-by-case basis. We make no representation regarding the services provided by our payment processors, and are not responsible for delays in payment caused by them. TEACHWISE will charge a fee for making each Monthly Payout that is equal to but not more than the cost to TEACHWISE from its respective payment processors for making the payout. This fee is subject to change at the discretion of the payment processors, and will be taken directly out of your Monthly Payout. You agree that upon notification of a sale of Content, you will promptly ship the relevant physical Content sold by you through the Service, in accordance with any representations made by you on the Service and/or in connection with such Content, including, for example, with respect to the pricing and shipping of such Content, and in any event in accordance with all applicable state and federal laws, rules, regulations, and/or industry standards. Sellers are not authorized by the Service to ship to any address other than that which is provided to it by TEACHWISE.

 

D. Additional Agreements and Obligations of Sellers.

 

By listing an item for sale, or uploading it to the Service, you (Seller) represent and warrant to prospective Buyers that you have the right and ability to sell and to ship, and that the listing is accurate, current, and complete and is not misleading or otherwise deceptive. You further represent and warrant that the Content, and use of the same will not infringe any right – including, but not limited to the copyright or trademark right – of any third party.

 

If you are a Seller of digital Content, you agree to make at least one sample of such digital Content available to Buyers at no charge at all times when you are offering digital Content for sale via the Service. When selling digital Content, you agree that the entire product being sold must be contained within the download offered, and that no part of such digital Content will be delivered separately or require an additional purchase, for example via a third-party website or other channel.

 

Additionally, unless otherwise authorized, Sellers agree not to – and agree to cause their affiliates, agents, employees and contractors not to – use or disclose to any third party any order information, or other data or information regarding Buyers or any other users of the Service, which is obtained through the Service or disclosed to Sellers by TEACHWISE in connection with a transaction made via the Service, for any purpose except as necessary to complete transactions made through the Service and otherwise fulfill their obligations under this Agreement (including, without limitation, for purposes of solicitation, advertising, direct marketing, harassment, invasion of privacy, or any other objectionable conduct).

 

E. Member Sponsored Advertisements of Sellers.

 

Sellers may elect to purchase promotional space on the Service. The pricing and availability of such promotional space is made available via a module accessible through your Seller Dashboard. All purchases of promotional space are non-refundable. The cost of purchase will be deducted from your Monthly Payout. If your Monthly Payout is below $1, you agree that TEACHWISE may charge your credit card or PayPal account for any promotional space purchased.

 

F. Agreement of Buyers to Pay for Purchases.

 

When you (Buyer) purchase original digital Content you will have the ability to download the materials for as long as the materials are available through the Service. We may, in our sole discretion, make original digital Content you purchase available indefinitely, but your access to such materials may be disabled if the material is removed from the Service, for example, by the original seller as a result of the original seller’s account being closed or the materials being removed in response to an intellectual property complaint or Digital Millennium Copyright Act notification. For this reason, we encourage you to download any original digital Content you may purchase, and to backup those materials accordingly. TEACHWISE cannot restore access to, or provide copies of, purchased materials that have been removed from our Service.

 

You agree not to share your purchases with your colleagues unless you have purchased additional copies. You agree not to post your purchased or freely downloaded files on the Internet.

 

You agree to pay in full for all Content purchased through the Service, and agree that TEACHWISE may charge your credit card, PayPal or other account for any Content purchased, including any applicable shipping charges, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued to or in connection with your Member Account.

 

YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL SALES PRICES AND FEES, AND FOR PROVIDING TEACHWISE WITH VALID CREDIT CARD INFORMATION OR PAYPAL ACCOUNT DETAILS FOR PAYMENTS OF ALL SUCH FEES AND CHARGES.

 

You agree that delivery of the Content to you, whether electronically delivered or physically shipped and delivered to you, does not transfer to you any commercial or promotion use rights in the Content. You agree that your use of the Service (including your purchase of Content) constitutes your acceptance of and agreement to use the Service and such Content solely in accordance with this Agreement, and that any other use of the Service or Content may violate copyright and other laws of the United States, other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. As a condition of use, you agree not to share your purchases with your colleagues unless you have purchased additional licenses.

 

G. Electronic Signatures and Contracts.

 

Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

 

H. Limitations.

 

Your direct interactions (if any) with other visitors to or Members of the Service, including the purchase of, sale of, payment for, and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and that individual. Like with any web-based interaction, we suggest that you use caution and good judgment. You further understand and agree that TEACHWISE is not involved in any actual transactions made through the Service, and that it is not the agent or representative of any Seller, or Buyer (or any visitor) for any purpose whatsoever and that it is not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other visitor’s or Member’s use or disclosure of your personally identifiable information. For details about our information collection practices, please see our Privacy Policy. IF THERE IS A DISPUTE BETWEEN YOU AND ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY MEMBER OR VISITOR OF THE SERVICE), TEACHWISE IS UNDER NO OBLIGATION TO BECOME INVOLVED, AND YOU HEREBY RELEASE TEACHWISE FROM ANY CLAIMS, DEMANDS, OR DAMAGES OF ANY KIND AND OF ANY NATURE ARISING OUT OF OR RELATING TO ANY SUCH DISPUTE. You agree that you are solely and exclusively responsible for any federal, state, or local taxes, including sales taxes, that might apply to any sales you make in connection with Service.

 

I. Refund Policy

 

All physical and digital product sales are final, and no refunds are available.

 

TEACHWISE may in its sole discretion make certain exceptions to this policy on a case-by-case basis, for example if: (a) a digital file is defective; (b) a product description is materially deceptive or misleading; or (c) a physical item has not been shipped within two weeks of an order being placed. If such an exception is made, TEACHWISE may issue to the buyer a refund for such purchase in any manner it deems appropriate, including without limitation in the form of store credit.

 

As a buyer, it is your responsibility to determine that you have the appropriate hardware/software to make use of digital files, that the file format is appropriate for your needs, and that the content you are purchasing is legal and noninfringing. No refunds are available in these cases. Products removed from the Service due to a complaint of copyright/trademark infringement, or for any other reason, are not eligible for a refund.

 

If TEACHWISE elects to issue a refund to a buyer, the amount refunded will be deducted from the seller’s next Monthly Payout, provided however that if the seller’s next Monthly Payout is less than the refund amount(s), TEACHWISE may charge such refund amount(s) to the seller’s credit card, PayPal account, or other payment processor account.

 

J. Transfer of Title

 

TEACHWISE does not transfer legal title or ownership of items from the Sellers to the Buyers, and nothing in this Agreement shall modify the applicable provisions of Uniform Commercial Code 2401(2) and Pennsylvania Uniform Commercial Code 2401(2), which provide that, unless otherwise explicitly agreed between a seller and a buyer, legal title to a purchased item transfers to the buyer upon physical delivery of the item to the buyer from the seller. Accordingly, unless a Buyer and Seller agree otherwise, legal ownership to any item of Content passes to the Buyer upon the physical delivery of such item of Content from the Seller to the Buyer.

 

K. Transfer of Title

 

TEACHWISE does not transfer legal title or ownership of items from the Sellers to the Buyers.

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