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TERMS OF USE
Last Updated Jan. 4th, 2025

By accessing, using or browsing on the Site, or by continuing to do so, you expressly accept and agree to be bound by these Terms of Service (the “Agreement”) and our Privacy Policy. In accepting these Terms of Services, you agree that the Agreement will apply whenever you use the Site. This Agreement constitutes a valid and binding agreement between Mathometry, (the “Company,” “us”, “we”) and you (“you,” “your”, “user,” “member”). If you have any questions about this Agreement, please send us an e-mail via our contact page. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU SHOULD EXIT THIS SITE IMMEDIATELY.

1. MEMBERSHIP TYPES

All downloadable and digitally consumed Resources in the All Access Math Hub can only be used in accordance with a membership, which can either be an “Individual Membership” or a “School Membership.” Your use of any Resource, regardless of membership type and whether the membership is purchased by you, transferred to you by your Organization, or purchased for you as a gift or on your behalf by your school or other entity, is subject to this Resource Licensing Policy and other terms set forth in these Terms.

An Individual Membership may only be assigned to a single specific individual user (“Assignee”) (e.g. one specific teacher) for that Assignee’s use. As an Assignee of an Individual Membership, you are permitted to:

  • By purchasing an All-Access Membership (“Membership”), you are granted a personal, non-transferable license to access Mathometry's resources for the duration of your active subscription. You may use the resources for personal, educational, and instructional use only (“Personal Use”). This means you can use Resources for your own personal purposes and to teach your students.
  • Print and make copies of downloadable Resources as necessary for Personal Use. Copies may be made and provided to your students as necessary. Copies may also be made for classroom observers, supervisors, or school administrators for review purposes. Membership includes access to all new and updated resources while your subscription is active. Mathometry may add, modify, or retire resources at its discretion.
  • You may not post or otherwise make the Resource available on any website, application, shared drive or other sites or services. You may not share, send, sell, sublicense, or transfer resources to someone else for their own Personal Use. Each Individual Membership is for use by one specific educator only. The unauthorized use or distribution or copyrighted or other proprietary content is illegal and could subject YOU to termination of your membership and substantial damages. 
  •  Membership is currently available on a Semi-Annual (6 month) or Annual (12 month) Plan. Your rate is locked in for as long as your Membership remains active and in good standing. If your Membership is canceled or lapses, re-enrollment will be subject to the then-current pricing. Memberships renew automatically unless canceled before the renewal date. Because resources are delivered digitally with instant access, all sales are final and refunds are not available.

2. ELIGIBILITY

By registering for an Account or using our Services, you represent and warrant that you are at least 18 years old. We may ask for proof of your age or identity at any time in order to verify your Account and we may close or suspend access to your Account if you violate this rule or if we are unable to verify your age or identity.

You’ll be asked to provide a username for your Account. Your username can’t be inappropriate, offensive, or something that violates the rights of someone else. You’ll also be asked to pick a password to protect your Account. Together this information is used to access your Account. It’s your responsibility to keep your login information confidential and you’re responsible for any and all activity that happens under your Account whether or not you authorized it. If you believe that your Account has been accessed by an unauthorized person, please contact our Customer Service team at [email protected].

3. OWNERSHIP AND INTELLECTUAL PROPERTY
All intellectual property in the Site and any and all materials Mathometry furnishes through the Site are the sole property of Mathometry and are protected to the fullest extent possible by copyright, trademark and other intellectual property laws. No part of any materials and content, digital or otherwise, may be reproduced or transmitted in any form or by any means except as noted below.

You may print copies of resources on this Site for individual classroom or personal use only. You are strictly prohibited from  distributing, publishing, commercially exploiting, or otherwise transferring any such materials in any format or medium whatsoever without written permission from the owner of this website.

4. CHANGES TO SITE AND/OR TERMS AND CONDITIONS OF SERVICE
Mathometry reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Site or this Agreement, in whole or in part, at any time. Changes to this Agreement will be effective when posted on the Site. You agree to review the Site periodically to be aware of any changes. Your continued use of the Site after any changes to this Agreement are posted will be considered acceptance of those changes. You also hereby consent to the exchange of information and documents from us to you electronically over the Internet or by email and accept the risks including security and privacy risks from internet and e-mail communications.

5. MODIFICATIONS TO SITE AND/OR SERVICES
Mathometry reserves the right at any time to modify or discontinue, temporarily or permanently, the Site or any service or materials,  offered through the Site (or any part thereof) with or without notice. You agree that Mathometry shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any service offered through the Site.

6. COMPLIANCE WITH LAW
Any use of the Site including but not limited to posting, distributing, or otherwise making available any content or materials (including but not limited to text, graphics, video, software programs or audio) must be lawful and you expressly agree to avoid any use that is potentially or actually unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene or otherwise objectionable, or that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, national or international law, regulation or judicial ruling. You shall not post content or materials that generally contain advertising or any form of commercial solicitation. You shall not falsely claim to be or represent any third parties including but not limited to Mathometry personnel or another user or subscriber. Whilst using the Site, you shall not violate copyright, trade mark or other intellectual property rights or attempt to do so. You must not use the Site to interfere with or disrupt the Site or other users. For example, you must not initiate or spread computer worms, viruses or other types of malicious programs, make transmissions of any type or quantity which adversely affect the operation of the Site or jeopardizes the use of the Site or its performance for other users or violate or attempt to violate the security of the Site.

7. LINKED SITES
 Mathometry is not responsible for the content of any Web sites which may be linked to or from the Site (the "Linked Sites"). Links from the Site to the Linked Sites are for your convenience only and you access them at your own risk. Mathometry accepts no responsibility for any liability that may arise from your use of a Linked Site.

8. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
ALL SERVICES, MATERIALS AND RESOURCES PROVIDED THROUGH THIS SITE ARE ON ARE PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Mathometry DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN REGARD TO ANY INFORMATION, PRODUCT, OR SERVICE FURNISHED BY IT UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Mathometry DOES NOT GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES PROVIDED THROUGH THIS SITE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL MATERIALS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Mathometry DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SERVICES OR RESOURCES OFFERED THROUGH THIS SITE. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF ANY  MATERIALS PROVIDED THROUGH THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Mathometry DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS OBTAINED WITH ANY MATERIALS OR SERVICES  PROVIDED THROUGH THE SITE (INCLUDING BUT NOT LIMITED TO INCREASING, ENHANCING, OR OTHERWISE IMPROVING THE SUBJECT CAPABILITIES, TEST SCORES, OR PERFORMANCE OF ANY PERSON), IN TERMS OF ACCURACY, CORRECTNESS OR RELIABILITY, OR COMPLIANCE WITH ANY EDUCATIONAL OR ACADEMIC RULES, REGULATIONS, OR LAW IN ANY JURISDICTION.

ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM DOWNLOADING SUCH MATERIAL AND/OR DATA.

Mathometry EXPRESSLY DISCLAIMS ANY AND ALL INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES IN ANY EVENT EVEN IF ADVISED BEFOREHAND OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Mathometry'S LIABILITY FOR ANY LOSS, CLAIM, DAMAGE OR LIABILITY OF ANY KIND INCLUDING THAT WHICH MAY BE DUE TO Mathometry'S ACTUAL OR ALLEGED NEGLIGENCE, SHALL NOT EXCEED THE AMOUNT A SUBSCRIBER OR USER PAID FOR THE USE OF THIS SITE.

9. HOLD HARMLESS AND INDEMNIFICATION. By using the Site and/or the materials and services provided by the Site, you agree to indemnify and hold Mathometry and its respective parents, subsidiaries, affiliates and agents, and each of their respective officers, directors, employees and third party providers harmless, including but not limited to reasonable attorneys' fees, from and against any claim or demand, made by any third party due to or arising out of your use of the Site, or the use of the Site by any party using your account, including but not limited to violation of the Agreement or the infringement of any intellectual property or other right of any person or entity.

10. PRIVACY
Mathometry will collect, hold and use your personal information in accordance with its Privacy Policy available on the Site. You may opt out of receiving future mailings, or be removed from our database by contacting Mathometry with the details listed in the Privacy Policy.

11. GOVERNING LAW
If there is any dispute arising out of the Site, by using the Site, you expressly agree that any such dispute shall be governed by the laws of the State of New York . Neither the Convention on the International Sale of Goods nor the law of any country enacting that Convention will apply to this Agreement or to dealings between the parties in relation to this Agreement. You expressly agree to submit to the exclusive jurisdiction of the New York courts.

12. SEVERABILITY
If any provision of this Agreement or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provisions to other persons or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law.

13. ENTIRE AGREEMENT
It is hereby acknowledged that this Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter.