Terms and Conditions

When you purchase resources from Little Elephant Teacher, LLC you agree to the following:

Little Elephant Teacher
An AFFILIATED SITE FOR Little Elephant Teacher, LLC

Terms and Conditions of Purchase

These Terms and Conditions of Purchase (these “Terms and Conditions of Purchase”) sets forth your rights and responsibilities for accessing Little Elephant Teacher Materials and its sub-domains and affiliated sites, as well as Little Elephant Teacher, LLC (“Little Elephant Teacher” “my”, “me” or “I”) pages and accounts on Facebook®, Twitter®, LinkedIn®, Google Plus®, and YouTube® (the “Sites). Please read both these Terms and my Privacy Policy carefully, which is incorporated into these Terms. This document constitutes a legally binding contract between Little Elephant Teacher, LLC (“LET”) and other associated materials and sites linked hereto and operated or controlled by Little Elephant Teacher, LLC (herein referred to as “Company”), and you regarding your purchase of video webinar content, website content, and printable materials (herein referred to as the “Program” or “Program Materials”). The program shall be deemed to be incorporated herein by reference in addition to this website’s terms of use (the “Terms and Conditions”) and privacy policy (“Privacy Policy”). These Terms and Conditions of Purchase, the Terms and Conditions, and the Privacy Policy are collectively referred to herein as this “Agreement.” In the event of any conflict between these documents with respect to your purchase, these Terms and Conditions of Purchase shall prevail over the Terms and Conditions; and the Terms of Use shall prevail over the Privacy Policy. By purchasing this product, you (herein referred to as “Client”) agree to the following terms as a condition of your participation in the Program.

THE SECTION BELOW, TITLED “BINDING ARBITRATION,” CONTAINS A BINDING ARBITRATION AGREEMENT. BECAUSE THIS SECTION AFFECTS YOUR LEGAL RIGHTS, WE ASK THAT YOU PLEASE READ THEM.

When you purchase resources from Little Elephant Teacher, LLC you agree to the following:

Resources will not be shipped

The resources in the shop are digital products. They will be available to you as an instant download. Products are NOT hard good and will not be physically mailed to the customer. The customer is responsible for printing and assembling the resources (or using them digitally if they are a digital resource)

Refunds and Return Policy

We stand behind our products and your satisfaction with them is important to us. However, because our products are digital goods delivered via an Internet download, we do not offer refunds, returns, or exchanges.  Even though refunds are not offered, we are willing to do our best to make you a happy customer. With our Happiness Guarantee, we will offer a store credit if you are not happy with your purchase so you can choose a more suitable resource. Please contact us here if you have any questions.

Copyright & Terms of Use

These resources include a single-use license. This means they are for the use of one teacher to make as many copies as he or she needs to make for personal use, and for the classes they teach. If any other educators would like to use this resource, they must purchase their own copies from the website.

All resources are © Copyright Little Elephant Teacher, LLC. All rights reserved. Permission is granted to copy pages specifically designed for student or teacher use by the original purchaser or licensee. The reproduction or redistribution of any other part of this product is strictly prohibited. Copying any part of this product and placing it on the Internet in any form (even a personal/ classroom website) is strictly forbidden. Doing so is a violation of the Digital Millennium Copyright Act (DMCA).


Customer Information

All orders are processed using a secure server (SSL). Little Elephant Teacher, LLC does not store any payment information on their servers. Any payment information you choose to save for future purposes will be stored on third party gateways (such as Stripe or PayPal) on their secure servers. Little Elephant Teacher, LLC is not responsible for your payment information.

Terms of Use

By purchasing a resource from Little Elephant Teacher, you are agreeing that the contents are the property of Andrea Russman and Little Elephant Teacher and licensed to you only for classroom/personal use as a single user. I retain the copyright, and reserve all rights to this product.

You May:

  • Use items (free and purchased) for your own classroom students, or your own personal use.

  • Reference this product in blog posts, at seminars, professional development workshops, or other such venues PROVIDED there is both credit given to myself as the author and a link back to my TPT store is included in your post/presentation.

  • Distribute and make copies of free items only to other teachers PROVIDED there is credit given to Andrea Russman and Little Elephant Teacher and a link back to my TPT store.

You May Not:

  • Claim this work as your own, alter the files in any way, or remove/attempt to remove the copyright/watermarks.

  • Sell the files or combine them into another unit for sale/free.

  • Post this document for sale/free elsewhere on the internet. (This includes Google Doc links on blogs.)

  • Make copies of purchased items to share with others is strictly forbidden and is a violation of the Terms of Use, along with copyright law.

  • Obtain this product through any of the channels listed above. Thank you for abiding by universally accepted codes of professional ethics while using this product.


ADDITIONAL TERMS AND CONDITIONS

  1. GOVERNING LAW. The Parties have entered into this Agreement in the State of Iowa and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes arising out of the Agreement shall be determined in accordance with the laws of the State of Iowa, United States of America, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction. In the event of any action or proceeding arising out of, relating to or concerning this Agreement, or litigation arising from the terms and conditions of this agreement, including, without limitation, any claim of breach of contract, shall be determined in accordance with the laws of the State of Iowa, and that venue of any action will be located in the District Court of Linn County, Iowa. 

  2. BINDING EFFECT. This Agreement shall be binding upon, is for the sole benefit of the Parties hereto, and inure to the benefit of the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. The Parties have no right to assign this Agreement, by operation of law or otherwise. 

  3. D) TERMINATION. Little Elephant Teacher, LLC is committed to providing all customers with a positive experience. If you fail, or Little Elephant Teacher, LLC suspects that you have failed, to comply with any of the provisions of this Agreement, Little Elephant Teacher, LLC, in its sole discretion and on notice to you, may: (a) limit, suspend, or terminate your access to the Products and/or your participation in program without refund; and/or (b) terminate this Agreement. Your obligations to Little Elephant Teacher, LLC under this Agreement will survive expiration or termination of this Agreement for any reason.

  4. E) MODIFICATIONS AND AMENDMENTS. Little Elephant Teacher, LLC reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your access and use of the Products. Such modifications and additional terms and conditions shall be effective immediately and incorporated into this Agreement. Your continued use of the Products will be deemed your acceptance thereof. The changes may be listed in an area accessible to you on Little Elephant Teacher, LLC’s website or you may be notified by either email or postal mail. If you have any questions, please contact us directly at support@littlelephanteacher.com

  5. INDEMNIFICATION. To the extent permitted by applicable laws, both Parties agree to defend, indemnify, and hold harmless the respective party, its owners, officers, directors, employees, affiliates, contractors, licensors, successors, or assigns from and against any and all liabilities and expenses whatsoever — including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements — which any of them may incur or become obligated to pay arising out of or resulting from breach of this Agreement. 

  6. BINDING ARBITRATION. ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT ARE TO BE SETTLED BY BINDING ARBITRATION IN THE STATE OF Iowa, OR ANOTHER LOCATION MUTUALLY AGREEABLE TO THE PARTIES. ANY ARBITRATION AWARD MAY BE CONFIRMED IN A COURT OF COMPETENT JURISDICTION.

  7. EQUITABLE RELIEF. You acknowledge and agree that in the event of a breach or threatened violation of Little Elephant Teacher, LLC intellectual property rights and confidential and proprietary information by you, Little Elephant Teacher, LLC will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. Little Elephant Teacher, LLC may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the Arbitration referenced above. You consent to the personal and subject matter jurisdiction of the federal and state courts in Linn County, Iowa, United States of America, for purposes of any such action by Little Elephant Teacher, LLC.

  8. ENTIRE AGREEMENT, COMPLIANCE WITH LAW, WAIVER. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous understandings, agreements, inducements, or conditions, express or implied, written or oral, between the parties. This agreement expressly supersedes any, and all prior written and/or oral agreements, and the terms and conditions of this agreement cannot be modified without the express written consent of both parties. The terms and conditions of this Agreement shall be binding upon the parties, their personal representatives, successors, and assigns and may not be assigned to any third-party beneficiary. The parties shall comply with all applicable laws in performing this agreement. The law shall prevail whenever there is any conflict between any provision of this Agreement and any law. If the Parties choose to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing. 

Little Elephant Teacher, LLC will prosecute such misconduct to the fullest extent permitted by law.

Little Elephant Teacher, LLC provides you with the Products solely for your personal, noncommercial use, and you agree that you will not use any of the Product Content in any way except for use in compliance with this Agreement. You will not use any Product Content in a manner that constitutes an infringement of Little Elephant Teacher, LLC’s rights or that has not been authorized by Little Elephant Teacher, LLC. More specifically, unless explicitly authorized in this Agreement, you may not modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works of, exploit, or distribute in any manner or medium (including by email or other electronic means) any Product Content. However, you may download and/or print one copy of individual pages of the Product Content for your personal, noncommercial use, provided that you keep intact all copyright and other proprietary notices.

By using the products, you understand and are aware that you may not create derivative works, resource guides, marketing or business materials, source material, intellectual property, websites, blogs, web content, or any other works that reference Little Elephant Teacher, LLC the Products, or the Product Content, or infringe on any of Little Elephant Teacher, LLC’s or its licensors’ intellectual property in any way. All copyrights, trademarks, and other intellectual property rights in and to the Products and the Product Content (including the compilation of content, postings, links to other internet resources, and descriptions of those resources) are owned by Little Elephant Teacher, LLC and/or its licensors, which reserve all of their rights, title, and interest in law and equity. THE USE OF THE PRODUCTS, EXCEPT AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF Little Elephant Teacher, LLC AND/OR ITS LICENSORS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND OTHER INFRINGEMENT.


The trademarks, service marks, and logos of Little Elephant Teacher, LLC (the “Little Elephant Teacher, LLC Trademarks”) used and displayed in the Products are registered and unregistered trademarks or service marks of Little Elephant Teacher, LLC. Nothing in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the trademark as part of a link to or from any site is prohibited unless the establishment of such a link is approved in advance by us in writing. All goodwill is generated from using Little Elephant Teacher, LLC Trademarks inures to our benefit.