Terms and Conditions / Terms of Service
This is a contract. Please read carefully before agreeing to the terms and conditions set forth herein.
TeachExcel shall be used to refer to the website “TeachExcel.com” including all content and functionality available through this website.
By using and/or visiting this website (collectively, including all content and functionality available through the TeachExcel.com domain name, the "TeachExcel Website", or "website"), you signify your agreement to (1) these terms and conditions (the "Terms of Service", or “Terms”), and the privacy notice, found at www.teachexcel.com/privacy/privacy.php and incorporated here by reference. If you do not agree to any of these terms or the TeachExcel privacy notice, please do not use the TeachExcel Website or services.
Modification of Terms of Service
TeachExcel reserves the right to modify these Terms of Service at any time. Any change to these Terms of Service is effective immediately. It is solely your responsibility to check the Terms of Service to ensure that you are fully aware of what is contained herein and to be aware of any changes that are made. Notice of changes to the Terms of Service may be given to active subscribers of the site via email or a posting on TeachExcel however you agree to periodically check these Terms of Service to ensure that you are fully aware of its contents. Any use of TeachExcel shall be deemed acceptance of the current Terms of Service.
Authorized Use of This Website
Users are prohibited from violating or attempting to violate the security of this website. TeachExcel has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. TeachExcel may suspend your account or subscription access while it conducts an investigation. Users are required to enter a user name and password to access their account and subscription services. It is the sole responsibility of the user, you, to maintain the secrecy of your user name and password.
You represent and warrant that you are the person on whose behalf you claim to accept these Terms of Service, or, if you are entering into these Terms of Service on behalf of a person or entity, you represent and warrant that you have the power and authority to enter into these Terms of Service and bind the person or entity whom you represent. You also represent and warrant that you are an adult who is legally able to enter into these Terms of Service.
You may not use the account, subscription, or user name or password of someone else at any time. You agree to notify TeachExcel immediately of any unauthorized use or loss of your account, user name, password and/or credit card information. You also agree to notify TeachExcel immediately if you are aware of or suspect other unauthorized use of this website and/or the content on this website. TeachExcel will not be liable for any loss that you incur as a result of someone else using your user name and password with or without your knowledge. You may be held liable for any losses incurred by TeachExcel, its affiliates, parent company, officers, directors, employees, consultants, agents or representatives due to someone else’s use of your account, user name or password.
TeachExcel will never ask you for your password.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the TeachExcel website is not intended for children under 13. If you are under 13 years of age, then please do not use the TeachExcel website.
The user, you, expressly agree to refrain from doing, either personally or through an agent, any of the following “Prohibited Conduct”:
- Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to this website that in any way affects the use, enjoyment or service of the site, or adversely affects TeachExcel’s computers, servers or databases.
- Capture, download, save, upload, print or otherwise retain information and content available on the site other than what is expressly allowed by these Terms of Service.
- Permit or provide others access to an account or subscription using your user name and password or the name and password of another user.
- Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on this website.
- Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on this website.
- Transfer this website’s content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to this website’s content; or “deep link” to this website’s content.
- Violate or attempt to violate TeachExcel’s security mechanisms, access any data or server that you are not authorized to access or otherwise breach the security of this website or corrupt this website in any way.
- Engage in any other conduct which violates the Copyright Act or other laws of the United States.
- Use any device (such as a “web crawler” or other automatic retrieval mechanism) or other means to harvest information about other users, this website.
- Use this website to violate a third party’s intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party’s intellectual property rights.
- Misrepresent your identity or personal information when accessing this website; forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by TeachExcel.
- Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on this website; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability.
- Advertise or otherwise solicit funds, goods or services on this website.
- Provide any commercial hosting service with access to this website and/or the content on this website.
To ensure that users of this website do not engage in Prohibited Conduct, TeachExcel reserves the right to monitor use of this website and reserves the right to revoke or deny access to a user’s account or subscription if the use of that account or subscription suggests prohibited conduct. Access to the materials available to accounts and subscriptions on this website beyond that of normal patterns of use that suggest systematic copying of the materials constitutes abuse and will result in revocation or denial of Access to an account or subscription. The terms “normal patterns” and “abuse” shall be determined solely by TeachExcel.
You agree not to violate any U.S., foreign or international software or technology export laws and regulations, including without limitation the U.S. Export Administration Regulations.
TeachExcel does not guarantee the accuracy of the information contained within this site. TeachExcel does not guarantee that, as a paying member, you will see no ads on the website. Some ads may show as a result of you not clearing your browser cache, new pages being added with mistaken ad code, ad code mistakenly left in pages, etc. Also, ads may appear in the on-site google search results from the internal site-searching feature. Links to other websites contained within menus or any partner site links will also not be removed for paying members. TeachExcel does not guarantee that all videos on its website will be of any specific resolution, size, or quality. TeachExcel is not required to provide downloadable files for all videos or tutorials on its website.
Only authorized users of an account are allowed to login to that account or subscription. Only one individual may access and use an account. Each account is considered to be valid for only one user. If the user shares access to his/her account with other users, this account is considered to be invalid and may be suspended. An account may also be suspended if TeachExcel feels that the account has been used to copy or otherwise distribute content such as videos, tutorials, or downloadable files from TeachExcel. Suspension of an account is up to the sole discretion of TeachExcel and will be based on whether we feel the Terms of Service have been breached. In such an instance, the user will not be refunded or given any credit for the amount already paid for the account or subscription.
Member Website Usage
TeachExcel hereby grants each subscriber a limited, non-exclusive, non-sublicensable and non-transferable license to access the content and information available in our subscriber’s members section according to the provisions contained herein, and subject to the payment of the applicable subscription fees and adherence to these Terms of Service. This includes the content that is viewable to subscribers after they login if they have an active account at TeachExcel. Having an active account is reliant upon the full payment of a subscription at TeachExcel and adherence to these Terms of Service.
Each multi-user account may only allow its employees or agents to access the subscriptions under the multi-user account. Once a person is no longer an employee or agent of the company or person who paid for the multi-user account or license they will no longer have access to the multi-user subscription from TeachExcel. Each multi-user account has a limited number of subscriptions associated with it, dependent upon the number of subscriptions that were purchased for that account. These subscriptions may not be used or accessed by more than the authorized number of users, which is the number of accounts or subscriptions that were purchased on the account.
The purchase of a subscription to TeachExcel does not confer any ownership interest or rights to the contents of the website.
You, the user, are not allowed or permitted to download, distribute, or transfer any content contained on or from TeachExcel. This includes but is not limited to the video tutorials and downloadable files. You may also not give anyone other than yourself access to your account on TeachExcel. TeachExcel is not responsible for you being locked out of your account as a result of such actions. If you forget your login information we cannot ensure that you will be able to log back into that account as we do not have access to your password; the only thing TeachExcel may do is to give you a temporary password that is emailed to the email address associated with your account.
The operability of the website is in no way guaranteed for all computers, browsers, operating systems, or configurations. It is the sole responsibility of the user to determine whether or not they will be able to use this website and correctly view content including videos, tutorials, and downloadable files.
TeachExcel does not guarantee that the user will become a better user of any Microsoft Office program as a result of visiting its website or becoming a member, subscriber, or account holder on its website.
TeachExcel makes a reasonable attempt to keep your information secure and private. This includes encrypting all purchases made on the website.
The security of TeachExcel and your information is of great importance to us. This website has reasonable security measures in place to protect the loss, misuse and alteration of your information under our control, but we make no assurances about our ability to prevent any such loss, misuse or alteration, and we shall have no liability to you or any third party from any loss, misuse or alteration. We do not warrant that your access to the website is completely secure.
You should promptly notify TeachExcel if your account, user name or password have been lost or stolen.
TeachExcel may modify access to features of a specific account or all accounts and or subscriptions on the website as needed. Reasons for this include but are not limited to updating the website, modifying specific content, or performing site maintenance.
From time to time, users or subscribers may be unable to access any or all parts of the website due to conditions beyond TeachExcel’s control. Such conditions include, but are not limited to: force majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of the website to its users or subscribers, TeachExcel will take all commercially reasonable steps to ensure access is restored within a reasonable period of time. The term “commercially reasonable,” as used in these Terms of Service, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money.
Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and internet service necessary for use of this website. If a user is not on a broadband or faster internet connection it is not recommended that they purchase a subscription to this website. No refunds will be given to a user solely based on the fact that they have a slow or inconsistently operable internet connection.
TeachExcel reserves the right to cancel any membership or subscription or account on the website at any time if it believes that the user, account, member, or subscriber has breached, is planning to breach or may breach these Terms of Service. TeachExcel may cancel any membership or subscription or account if the user of the account fails to pay for the subscription or if there is suspicion of the user engaging in illegal activity in regards to his/her account.
TeachExcel may store the keywords and text that you use in your searches within this site. If done, this is to ensure we are offering our users exactly the tutorials that they want and need.
Fees, Renewals, and Refunds
All purchases of subscription services on TeachExcel are billed on a recurring basis unless otherwise explicitly mentioned. Recurring or automatic billing is the automatic billing of an account every billing period. A billing period is the length of the subscription; for instance, this could be for one month, six months, twelve months, or a different length of time. On the last day of the current billing period the user will be billed for the next billing period, which is the length of the last billing period or the length of the billing period as chosen by the user in their account settings. This process shall be referred to as “subscription renewal.”
Users have the ability to turn off the subscription renewal feature that is mentioned above. However, by default, on the initial purchase of a subscription, the subscription renewal feature will be enabled. It is the sole responsibility of the user to disable the subscription renewal feature in their account settings.
It is up to the purchaser of the account to turn the automatic subscription renewal feature off before the next billing date if they do not want to be billed for the service for the next period. Subscription fees cannot be refunded after they have been charged on an account; this includes for the initial purchase of a subscription, a manual update of a subscription, and an automatic subscription renewal.
Subscriptions that are automatically renewed will be billed on the same day of the month that the subscription was purchased, where possible. If there is no corresponding date the subscription will be billed on the last day of the next month. For instance, a one month subscription that was purchased on May 31 would end on June 30.
TeachExcel may increase or decrease subscription fees at any time for any reason. If fees are changed a notice will be emailed to current subscribers or posted on the website.
If the automatic subscription renewal feature is unable to bill you due to outdated credit card information or any other reason, it will be solely up to you to manually update your subscription. This means that it will be solely up to you to purchase another subscription through the My Account page. Once another subscription has been purchased, if the automatic subscription renewal feature is enabled, the automatic subscription renewal feature will continue to work, meaning that when the next billing period arises, you will be automatically billed. No refunds will be allowed for trial periods or discounted subscription prices.
If a user does not pay via paypal or credit card, the automatic subscription renewal feature may not work. If you want to ensure that you can use this feature, pay by credit card.
Trial Periods and Discounts
Trial periods and discounts are only good for the time period that is associated with the specific trial period or discount. Unless otherwise mentioned, after the end of a discount or trial period, the user may be billed at the regular price for the subscription and this billing may occur via the automatic subscription renewal feature.
Copyrights, Trademarks, Other Proprietary Rights
TeachExcel or its third party content providers shall retain all worldwide rights in the intellectual property in and on the website, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the "look and feel" of the website, its color combinations, layout, and all other graphical elements, and the copyrights in and to its original content. Except as expressly stated on the website or in these Terms, nothing that you read or see on the website may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of TeachExcel, except as provided in these Terms. Nothing in these Terms grants you an express or implied license to use any of TeachExcel’s intellectual property.
In addition to TeachExcel’s other rights, it may terminate this Terms of Service at any time and at its sole and absolute discretion. TeachExcel may also terminate or cancel subscriptions without notice if it believes, in its sole judgment, that you have breached or may breach any term or condition of this Terms of Service, or engaged in conduct that TeachExcel deems inappropriate.
In the event of termination of the Terms of Service, each subscriber’s obligation to pay outstanding subscription fees shall survive.
YOU AGREE THAT YOUR USE OF THE TEACHEXCEL WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TEACHEXCEL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. TEACHEXCEL MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) 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 EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE TEACHEXCEL WEBSITE. TEACHEXCEL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE TEACHEXCEL WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TEACHEXCEL WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Governing Law, Forum, Venue, & Dispute Resolution
These Terms of Service and any claim or action related to or arising from these Terms of Service or content on the website shall be governed by Missouri law, without regard to any provision that would make the laws of another jurisdiction applicable. All disputes between you and TeachExcel shall be finally resolved through binding arbitration in Kansas City, Missouri U.S.A. The parties shall conduct discovery as agreed upon or as permitted by the arbitrator. The arbitrator shall be a retired judge from the Circuit Court of Jackson County, Missouri, U.S.A. The costs of the arbitrator and arbitration facilities (if applicable) shall be paid by the non-prevailing party. Each party consents to the exclusive jurisdiction and venue of Kansas City, Jackson County, Missouri for any claim or other action related to or arising from these Terms of Service. Each party shall bear his/her/its own expenses and attorneys’ fees related to any arbitration, claim or action.
Limitation of Liability
IN NO EVENT SHALL TEACHEXCEL , ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE TEACHEXCEL WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
NO DEALER, AGENT, OR EMPLOYEE OF TEACHEXCEL IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION, OR ADDITIONS TO THESE LIMITED WARRANTIES OR DISCLAIMERS.
TEACHEXCEL DISCLAIMS ALL WARRANTIES, AND SHALL HAVE NO LIABILITY FOR ANY DAMAGES ARISING FROM OR RELATED TO ANY SUPPORT SERVICES OFFERED FROM OUR WEBSITE INCLUDING BUT NOT LIMITED TO ANY AND ALL CONSULTING SERVICES, SUBSCRIPTION SERVICES, OR INFORMATION SERVICES.
You, the user, agree to defend, indemnify and hold harmless Teach Office LLC, TeachExcel , its parent company, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the TeachExcel Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Service and your use of the TeachExcel Website.
If any provision in the Terms of Service is deemed to be unenforceable, such determination will have no effect on the enforceability of the remainder of the Terms of Service. Each provision herein is considered to be separate and enforceable in and of itself without regard to any other provision.
Upon user’s breach or threatened breach of these Terms of Service, TeachExcel may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. TeachExcel’s remedies are cumulative and not exclusive. Failure of TeachExcel to exercise any remedy or enforce any portion of this agreement or Terms of Service at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the agreement or Terms of Service at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this agreement or Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. By Accessing this website, user signs for and accepts this shortening of the statutes of limitations. TeachExcel makes no representation that the content of this website is appropriate or available for use in all locations. TeachExcel operates this website from the United States of America and makes no representation that this website complies with any foreign or international laws. You agree to comply with all applicable local laws, including any international laws, in using this website. You may not assign your rights or delegate your duties under these Terms. The parties agree that no third party is an intended beneficiary of these Terms.