Counselor CreatedtmTerms and Conditions
The following describes the terms on which counselorcreated.com (referred to herein as “Counselor Created”) offers you access to our services. Your permission to use the Counselor Createdtm service, and the licenses granted herein, are expressly conditioned upon your acceptance of these Terms and Conditions.
Description of Service
Counselor Createdtm is a web-based service that provides counselors with an online marketplace to buy and sell educational materials directly from and to each other. Individuals who sell Counseling Resources via Counselor Createdtm are referenced as “Sellers” and counselors who purchase resources via Counselor Createdtm are referenced herein as “Buyers.” The digital goods available for sale on this site must be original digital materials (“Counselor Resources”) created by the Seller. Counselor Createdtm at no time owns or sells any product for or on behalf of Sellers.
Counselor Createdtm advertises its brand and its contents through several means beyond its own website, including e-blasts, displays at professional conferences, ads on other websites and in paper-based catalogs. The means and frequency by which this service is advertised is likely to change from time to time and is solely at its own discretion.
By registering with Counselor Createdtm or by using the Service in any manner, you agree to all that is stated in this agreement. These Terms and Conditions apply to both Counselor Createdtm visitors and members.
Fees, Services, Pricing & Payments
Membership Fees, Service Fees & Transaction Fees
Any Seller who wishes to sell his or her Counseling Resources through Counselor Createdtm must join as a member. Two types of memberships are available for Sellers: Standard Membership and Premiere Membership.
Standard Members pay no annual membership fee.
Premiere Members pay an annual fee of $49.95.
Sellers who are Standard Members and Premiere Members both will be charged service fees on sales made through Counselor Createdtm. The fees for Standard Members are based on sales of the Seller’s Counseling Resources and equal to 50% of gross sales of these products. The fees for Premiere Members are equal to 25% of gross sales of the Seller’s Counseling Resources. Sellers can upgrade membership from the Standard level to the Premiere level at any time.
Buyers who wish to purchase Counseling Resources through the Service also must join Counselor Createdtm with the understanding that no annual membership fee is charged to them for this service.
Earning Counselor Createdtm (CC) Points
For each purchase of a Counseling Resource from Counselor Createdtm, 10% of the sale price (not including any taxes or other fees collected) will be credited to the Buyer in the form of Counselor Createdtm Points (Hereafter called CC Points). Corresponding points will be deducted from a Buyer’s account for any payments that are not collected or are refunded. CC Points can be accumulated by a Buyer and can be redeemed anytime for credit toward the purchase of any YouthLight published products (1 CC Point = $1.00 off YouthLight purchase). CC Points are not transferfable or sellable to any other person or entity. They must be redeemed by the buyer who has accumulated CC points directly themselves.
CC Points can only be redeemed online at www.youthlight.com. CC Points will be honored up to a maximum of 3 years before they expire. Upon expiration, CC Points will no longer be able to be redeemed and their value will become $0. It is the sole responsibility of Buyers to keep track of their points and expiration dates. CC Points may be redeemed all at one time, or in any increments of whole points. In the event that YouthLight or Counselor Createdtm terminates its services, then the holders of CC Points will be notified through the Counselor Createdtm website that there will be a final date in which CC Points may be redeemed for purchase of YouthLight resources. Note that this final redemption opportunity could fall before the regular 3 year expiration date for any accumulated points.
Additional Obligations of Sellers, Buyers & Visitors
You must be 18 years or older to visit or use in any way the Counselor Createdtm website.
Sellers
Sellers are solely responsible for setting the prices for the sale of their Counseling Resources distributed through Counselor Createdtm. Also, sellers are obligated to sell their Counseling Resources at the prices they list on the Counselor Createdtm site.
Sellers agree to upload a minimum of one free Counseling Resource to Counselor Created. This can be done during or before uploading any other items for sale on the Counselor Created site. This (these) free items must remain available for Buyers to download free of charge the entire time the Seller has products for sale on the site.
For each transaction, Counselor Createdtm will automatically deduct the sales Service Fee from the sale price collected from Buyers, and then will distribute the remaining amounts to the Seller on a per request basis as follows: (a) Counselor Createdtm will collect payment from Buyers at the time Counseling Resources are purchased. All monies due to Sellers will be paid to such Sellers upon request of payout once the minimum amount for payout is reached. Minimum payout amount is currently set at $25.00 but Counselor Createdtm reserves the right at any time to change that amount and/or delay payment until that amount is reached. Payments will be made through PayPal to all Sellers. Counselor Created reserves the right to add, remove or otherwise alter the payment processors used by the Service.
By listing an item for sale, or uploading it to the Service, Sellers represent and warrant to prospective Buyers that they have the right and ability to sell, and that the listing is accurate, current, and complete and is not misleading or otherwise deceptive. Sellers further represent and warrant that the Counseling Resources, and their use will not infringe upon any right – including, but not limited to the copyright or trademark rights – of any third party.
For any item Sellers upload for sale, they agree to give Buyers permission to print and make copies of free and purchased resources. Purchasers are authorized by the owner or creator of the material to print and/or make copies of these materials for personal use and/or classroom, small group or individual student instruction.
Additionally, unless otherwise authorized, Sellers agree not to disclose to any third party any order information, or other data or information obtained from Buyers, which is obtained through this Service.
Buyers
Buyers who purchase Counseling Resources from Counselor Createdtm, will have the ability to download the materials from the website for as long as the materials are available through the Service. Counselor Createdtm may at its sole discretion discontinue any products on its site at any time. Note that Counselor Createdtm will not provide opportunities to re-access purchased materials once they have been discontinued from Service. To protect items purchased from Counselor Createdtm, it is the responsibility of Buyers to download and back-up copies of purchased products.
Buyers agree not to share their purchases with their colleagues unless they have purchased additional downloads and/or licenses from the Seller(s) for to cover this. Buyers also agree not to post any purchased Counselor Createdtm products on the Internet or make copies for sharing at professional meetings and/or conferences.
Paying by Purchase Orders
If you choose to pay for a download with a School Purchase Order, note that invoices submitted through in this way must be paid within 45 days of the date on which Counselor Createdtm invoices the school. If unpaid at that time, you agree to pay Counselor Created directly by Pay Pal or credit card to cover the invoiced bill and then you will be responsible for seeking reimbursement from the school or school district.
Other Member Obligations
You are responsible for keeping Counselor Createdtm up to date with valid credit card information and PayPal account details.
You agree to not use any of the products you purchase from Counselor Createdtm for any other use such as inclusion in any commercial product or advertisement, without written permission from the Seller of that product.
You are responsible for all activity that occurs under your Counselor Createdtm Username.
You agree not to transmit any spyware, malware, or any other harmful or destructive digital code to the Counselor Createdtm website or to anyone affiliated with sales through Counselor Createdtm.
You agree that Counselor Createdtm is not responsible for any content, information, links or other items posted by users on this Service.
Limitations
You understand and agree that Counselor Createdtm is not involved in any actual transactions made through its Service, and that it is not the agent or representative of any Seller, Buyer or visitor and further 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. If there is a dispute between you and any third party (including, without limitation, any member or visitor of the service), Counselor Createdtm is under no obligation to become involved, and you hereby release Counselor Createdtm 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, independently from Counselor Createdtm for any federal, state, or local taxes, including sales taxes, that might apply to any sales you make in connection with the Service.
Refunds
All Counselor Createdtm product sales are final, and no refunds are available.
Counselor Createdtm may in its sole discretion make certain exceptions to this policy on a case-by-case basis. If for example Counselor Createdtm determines that a file is defective, it may make an attempt with or without the Seller to resolve the issue.
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 non-infringing. No refunds are available in these cases. Products removed from the Counselor Createdtm site due to a complaint of copyright/trademark infringement, or for any other reason, are not eligible for a refund.
Ownership of Seller Submitted Content
When Sellers submit or upload content on or through the Service, Sellers retain ownership of any copyright they claim to their submitted content.
Indemnification
By accepting this Agreement, you agree to indemnify and hold Counselor Createdtm and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any and all claims, demands, liabilities, expenses, or tax assessments, including reasonable attorneys’ fees, arising out of any claim made by any third party or any action taken by any governmental or regulatory body (including, without limitation, the Federal Trade Commission or any state attorney general), due to, arising out of, or relating to any product, content, information, or materials that you submit, sell, purchase, post, transmit, provide, or otherwise make available through the Service, your use of the Service, your connection to the Service, your actual or alleged breach of this Agreement (including our Copyright Policy and Privacy Policy), your actual or alleged infringement of any third party intellectual property or proprietary rights, or your actual or alleged violation of any applicable laws, rules, regulations, or rights of another.
Warranty Disclaimers
You agree that the site and the service are provided on an “as is” and “as available” basis, and that your use of the service provided by Counselor Createdtm shall be at your sole risk.
Limitation of Liability
You agree that Counselor Createdtm, its affiliates, and its and their officers, directors, employees, and/or agents shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, reputation, use, or data or other intangible losses, resulting from: (a) the access to, use, or the inability to access or use the service; (b) 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 the service; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the service; or (e) any other matter relating to the service. Counselor Createdtm’s liability to you or any third party shall in no event be, in the aggregate, greater than the lesser of (a) the total amounts paid by you to Counselor Createdtm during the twelve (12) months prior to the claim or action allegedly giving rise to such liability, or (b) one hundred dollars ($100.00).
Notices
Counselor Createdtm may provide you with notices, including, without limitation, those regarding changes to the Terms and Conditions and other service-related announcements, by email or postings on the Counselor Createdtm website.
Counselor Createdm may change or amend these Terms and Conditions. If we make material changes, we will notify you, either through the user interface, in an email notification, or through other reasonable means. Your use of the Service after the date such change(s) become effective will constitute consent to the changed terms. If you do not agree to the changes, you must immediately stop using the Service. Otherwise the new terms will apply to you.
Future Changes in the Service and Assignment
Counselor Createdtm reserves the right at any time to modify, suspend, or discontinue providing this Service or any part thereof with or without notice. Counselor Createdtm will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
Counselor Createdtm may assign all or portions of this agreement and/or any Counselor Created assets to one or more successors at its sole discretion without prior notice.