[Math]odology Terms of Use

Effective date: July 1st, 2020

 

Terms and Conditions of Use

These terms of use (the “Terms of Use”) govern and control your use of any online interfaces, websites, mobile applications, platforms, and other properties (collectively, this “Website”) owned, operated, controlled, administered, maintained, or developed by or at the request or direction of Mathodology, LLC, a Florida limited liability company, having an address of 926 East Coast Drive, Atlantic Beach, Florida 32233 (“Mathodology”, “us”). To access and use this Website, you must be 18 years of age or older. By accessing, browsing, or using this Website, you acknowledge that you have read, understood, and agreed to be legally bound by these Terms of Use. Your full and complete compliance with these Terms of Use is a material condition to your use of the Website. If you do not accept these Terms of Use, and/or do not agree to be bound by them, please promptly exit and refrain from using this Website. Mathodology reserves the absolute right to amend the Terms of Use in its sole authority and discretion and at any time by posting the amended terms on our Website.
Ownership and Restrictions on Use
This Website, including all pages within this Website and any material made available for download, purchase, or otherwise on or through this Website, is owned and operated by or at the request or direction of Mathodology and is the property of Mathodology, its licensors or suppliers, as the case may be. This Website is protected by the copyright and trademark laws of the United States and international copyright and trademark laws. No content, information, or other material on this Website, including, but not limited to, all data, files, documents, text, photographs, images, audio, video, audiovisual content or compositions, and any content, information, and other material accessed or purchased through or made available for use or download by or through this Website (collectively, “Information”) may be copied, distributed, modified, reproduced, published, republished, deconstructed, or used in whole or in part, except for those purposes expressly authorized by these Terms of Use or other purposes that Mathodology authorizes or approves in writing prior to such action. You are expressly prohibited from using framing, mirroring, or framing or mirroring techniques to enclose or deep link to any name, trademark, service mark, logo, Information, content, or other proprietary information, which shall include all images, text, page layout, design, formatting, or form or to access this Website or provide access to anyone else without the prior express written consent of Mathodology. Use of any scraper, crawler, spider, robot, or other automated means of any kind whatsoever to access or copy data on this Website, deep-linking to any feature on this Website, bypassing any robot exclusion headers of other measures which may be deployed or used to prevent, limit, or restrict access to this Website or any site linked to, by, or from this Website are expressly prohibited. You also agree not to introduce any Trojan, worm, virus, time bomb, or other means of disabling or otherwise impairing others’ use of the Mathodology site, servers, or content. No trademark, service mark, or other mark of Mathodology may be used in connection with any product or service which is not a product or service of Mathodology or in any manner that is likely to cause confusion among customers or the general public or in any manner that disparages or discredits Mathodology or the goodwill thereof.

The contents of this Website are intended solely for your personal or professional use. Any other use of this Website, including any unlawful use of this Website, is prohibited without the prior written permission of Mathodology. If you purchase a subscription through Mathodology’s website, then Mathodology grants you a limited, non-exclusive license to use the materials or other Information made directly available to you by Mathodology. The limitations on this license include the following:


Teaching Materials: If you subscribe to Mathodology’s teaching materials and are not a homeschool teacher, then for each license you purchase, you may copy, distribute, reproduce, or republish these materials in the ordinary course of your classroom teaching for up to 20 students. (Accordingly, if you have 35 students, two licenses will be required, for example.) This license is not intended to be made available to any classroom that does not purchase a corresponding set of 20 think!Mathematics books or workbooks, which are available on this website.


Homeschool Teaching Materials: If you subscribe to Mathodology’s teaching materials and are a homeschool teacher, then the above restrictions apply, except that you will not be required to purchase the corresponding set of books or workbooks. No homeschool license will be made available without receipt of a Homeschool Affidavit, which may be accessed by emailing [email protected].


Professional Development Materials: If you subscribe to Mathodology’s professional development materials, then for each license you purchase, you may copy the professional development materials solely for your own professional use. You may not share, republish, or otherwise distribute the professional development materials to any other person, except that you may reproduce for your students any material explicitly marked as student support material.
System Security, Security Features, Security Protocols, a Restricted Areas
You are hereby prohibited from violating, bypassing, or attempting violate or bypass any security, security features, or security protocols of, on, or protecting this Website. The foregoing includes, but is not limited to (i) accessing data not intended for you or logging onto a server or account that you do not have valid, prior authorization to access from the owner of such server or account; (ii) testing, scanning, or probing system, Website, or network vulnerabilities, capabilities, security or security features, or protections or breaching security or authentication measures or attempting any of the foregoing without valid and proper prior authorization; or (iii) unauthorized access or use of the Website or any portion thereof without valid and proper prior authorization to do so or access or use that violates these Terms of Use or any applicable law, rule, regulation, or court order. Any such violations of system, Website, or network security could subject you to civil or criminal liability. You agree to refrain from use of any device, system, software, code, or routine to interfere, hinder, delay, or interrupt the proper functions, workings, and execution of this Website or any activity or transactions conducted on this Website or attempting to do so. Portions or areas of this Website are or may be limited or require a User ID and password to access such portions or areas (“Restricted Areas”). You agree to access Restricted Areas with only the user ID and password issued to provided to you by Mathodology (“Your Credentials”) and to protect and keep Your Credentials strictly confidential. You agree not to share or disclose Your Credentials to others. Sharing of Your Credentials may result in a revocation of any license granted to you by Mathodology. You understand and agree that you are responsible for any and all activity on the Website taken by, under, or using Your Credentials. Mathodology may revoke, limit, or restrict Your Credentials or your access or use of the Website at any time and with or without cause.
Limitation of Liability
Given the unpredictability of technology and the online environment, Mathodology does not represent or warrant that the function or operation of this website will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available will be free of viruses or other harmful elements. As a visitor to or user of this Website, you assume full responsibility for any costs associated with the use of our Website. It is your sole responsibility to evaluate the accuracy, completeness, or usefulness of any Information or other content displayed or appearing on or available through this Website. Mathodology will not be liable for damages of any kind related to your use of or inability to access or use this Website. MATHODOLOGY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGERS WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY OF THE FOREGOING SUFFERED OR RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, THAT ARISE OUT OF OR RELATE TO THIS WEBSITE OR ANY WEBSITE-RELATED PRODUCTS, SERVICES, INFORMATION, CONTENT, OR ANY OTHER MATERIAL CONTAINED WITHIN, DISPLAYED ON, OR ACCESSIBLE OR AVAILABLE BY, ON, OR THROUGH THIS WEBSITE OR ANY LINKED WEBSITE, REGARDLESS OF WHETHER SAME IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR CAUSE OF ACTION AND REGARDLESS OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE, ANY LINKED WEBSITE, OR ANY WEBSITE-RELATED PRODUCTS, SERVICES, INFORMATION, CONTENT, OR ANY OTHER MATERIAL CONTAINED WITHIN, DISPLAYED ON, OR ACCESSIBLE OR AVAILABLE BY, ON, OR THROUGH THIS WEBSITE OR ANY LINKED WEBSITE IS TO CEASE USING IT. IF AND ONLY TO THE EXTENT ANY OF THE FOREGOING ARE FOUND, DEEMED, OR DECLARED VOID OR UNENFORCEABLE, MATHODOLOGY’S MAXIMUM AGGREGATE LIABILITY TO YOU WITH RESPECT TO YOUR USE OF THIS WEBSITE IS FIVE HUNDRED U.S. DOLLARS ($500.00).
Links to Third-Party Sites
Mathodology may, from time to time, provide links to external websites (i.e., those not hosted on the methodology.com domain). Your relationship with those websites, including the use of your data by those websites, is governed by the applicable terms of use and privacy policies of those websites. As between yourself and Mathodology, you are solely responsible for your use of those third-party websites.
Inaccuracies
Mathodology endeavors to present recent, accurate, and reliable information on our Website. However, there may be occasions when some of the information featured on the Website may contain incomplete data, errors, typographical errors, or inaccuracies or that unauthorized additions, deletions, revisions, and alterations could have been made by third parties. Any errors are wholly unintentional, and we apologize if erroneous information is reflected in any aspect of our Website. We present our content as-is and make no claims, representations, or warranties as to its accuracy, either express or implied, completeness, or correctness of the Website or any content thereon. Accessing of the materials posted on this Website is undertaken at your own risk. Mathodology expressly reserves the right to remove or correct any inaccuracies, errors, or unauthorized changes on the Website without notice thereof. All information displayed, present on, or accessible from the Website may be changed or updated at Mathodology’s sole and absolute discretion and without notice thereof. Mathodology shall have no liability, duty, obligation, or responsibility for any information, or other content uploaded or posted to the Website from any unaffiliated third party or any other party or user. If any product or service is listed at an incorrect or inaccurate price because of an error in pricing received or typographical error, Mathodology shall have the right to refuse or cancel any order placed for such product or service listed at the incorrect or inaccurate price regardless of whether the order has been confirmed and payment has been taken or your credit or debit card charged therefor. In the event payment has been taken or processed or your credit or debit card has been charged for the purchase and the order is canceled, Mathodology shall issue or cause to be issued a credit to your applicable account or method of payment in the amount of the incorrect price so charged.


Responsible Use and Conduct
To access the materials on this Website, you may be required to provide certain information about yourself, such as identification, contact details, license information, etc., as part of the registration process or your ability to use these materials. You agree to provide accurate, correct, and up-to-date information. Moreover, you agree to maintain any login information in strict confidence. You are responsible for any activity conducted on your account, whether or not such activity was conducted by you. We may provide various open-communication tools on this website, such as blog comments or user-submitted reviews. We generally do not pre-screen, review, or moderate the content posted by users of these various communications tools. If you choose to use these tools to submit any type of content to our Website, then you must use these tools responsibly. By posting information or otherwise using any open communication tools on this website, you agree that you will not upload, post, share, or otherwise distribute any content that: (i) is illegal, threatening, libelous, defamatory, abusive, harassing, harmful, degrading, intimidating, fraudulent, deceptive, invasive, racist, pornographic, or contains any type of suggestive, inappropriate, or explicit language; (ii) infringes on or violates any intellectual property right of any person, party, or entity; (iii) contains any type of unauthorized or unsolicited advertising; (iv) encourages or solicits criminal, illegal, unethical, or immoral activity; (v) impersonates any person or entity; or (vi) contains, triggers, transmits, spreads, or implants any virus, worm, or other harmful component. You shall not contact any other user through unsolicited email, phone call, mailing, or other means of communication. We have the right, but not the obligation, to remove any content offending the terms of this provision, without further recourse to or for you. We accept no liability for any content posted by you or any other party. By posting any content to our Website, you represent and warrant to Mathodology that you have the legal right and authority to provide and post such content for the purpose of Mathodology’s and its Representatives’ use and grant Mathodology and its Representatives an irrevocable, transferable, worldwide, royalty-free license to publish, redistribute, or otherwise display and use such content as desired, and to copy, modify, delete, remove, edit, adapt, publish, translate, incorporate create derivative works from, sell, or distribute such content, including the right to use the name under which you submit such content, except to the extent this provision conflicts with our Privacy Policy. Mathodology has no obligation to maintain or protect such content’s confidentiality, to pay you any compensation therefore, or to respond in any manner whatsoever. You shall not use a false email address, impersonate any person or entity, or otherwise mislead, falsify, or attempt to mislead of falsify the origin of such content. You are and will at all times be solely and fully responsible for such content made by you or under Your Credentials and you agree that Mathodology shall have no obligation or responsibility and assumes no liability for any such content submitted by you or any other person, party, or entity.


Indemnification
You agreed to indemnify, defend, and hold harmless Mathodology, its officers, managers, directors, contractors, employees, agents, representatives, volunteers, affiliates and subsidiaries (collectively, “Representatives”) from and against any and all loss, liability, damage, cost, or expense including, without limitation, court costs and attorneys’ fees and expenses at all levels of litigation, judgments, claims, and injuries (collectively, “Claims”) suffered as a result of, in connection with, arising out of, or resulting or stemming from your violation or breach of these Terms of Use, violation of any applicable law, rule, regulations, or court order, your use or access of the Website, any content you post or generate on the Website, and use or access of the Website by anyone accessing or using the Website by, through, or under Your Credentials.


No Warranties
EXCEPT AS EXPRESSLY SET FORTH IN THIS TERMS OF USE AGREEMENT, MATHODOLOGY EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUALITY, COMPLETENESS, LEGITIMACY, OR LEGALITY, NON-INFRINGEMENT. THE WEBSITE, CONTENT, AND ALL INFORMATION IS PROVIDED “AS IS” AND WITH ALL FAULTS WITHOUT THE FOREGOING WARRANTIES OR REPRESENTATIONS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. MATHODOLOGY DOES NOT REPRESENTOR WARRANT THAT ACCESS OR USE OF THE WEBSITE, INFORMATION OR MATERIALS WILL BE ERROR-FREE, FREE FROM VIRUSES, DEFECTS, WORMS, TROJAN HORSES, OR OTHER HARMFUL OR DESTRUCTIVE FEATURES, CODE, OR PROGRAMMING, OR UNINTERRUPTED. MATHODOLOGY IS NOT RESPONSIBLE OR LIABLE FOR ANY ACTIONS, OMISSIONS, OR ERRORS OF USERS OR ANY OTHER PERSON, PARTY, OR ENTITY.
 

Use of Personally Identifiable Information
Mathodology’s practices and policies with respect to the collection and use of personally identifiable information are governed according to Mathodology’s Privacy Policy, which is located on Mathodology’s Website and may be updated from time to time. Mathodology is an American company with exclusively American clients and does not anticipate receiving traffic from European Union countries. To use this website, you must be, and hereby affirm you are, over the age of 18 years old. 


Intellectual Property and Export Controls
You acknowledge and understand that all Information, material, products, and services that appear, are displayed on, are sold or licensed on, by, or through the Website, or are accessible therefrom, including without limitation, technology, software, and copyrighted materials or other intellectual property are or may be subject to customs and export control laws and regulations of the United States of America and/or the customs and export laws and regulations of any country in which the material, products, and services are manufactured, performed, delivered, accessed, or received. Upon purchase, download, or use of technology, software, material, products, or services from or through the Website, you agree to comply with and abide by all applicable laws, rules, and regulations governing or pertaining to same, including, but not limited to, the Export Administration Act and the Arms Export Control Act and you represent and warrant that you will refrain from transferring, by any means whatsoever, the software, technology, material, products, or services to a foreign national or foreign destination in violation of applicable law or to any party designated as a terrorist or terrorist organization, or any person who is forbidden from receiving same under the Export Administration Regulations or economic sanctions maintained, issued, or levied by the U.S. Department of the Treasury, U.S. anti-boycott regulations, or U.S. economic sanctions, including, but not limited to, the export and anti-boycott restrictions appearing in the Export Administration Regulations or the sanctions regulations administered, issued, or levied by the U.S. Office of Foreign Assets Control (OFAC).


Termination
Mathodology reserves the right, in its sole discretion, to suspend, restrict, or terminate these Terms of Use, Your Credentials, and your access to any or all of this Website, any Restricted Area, any Website-related products, services, Information, or content, or any other material contained within, displayed on or accessible or available by, on, or through this Website or any linked website, at any time and for any reason, with or without cause, notice, or liability.


Dispute Resolution
Any disputes related to this Terms of Use Agreement will be governed by the laws of the State of Florida, without regard to its conflicts of laws rules. Any action related to these Terms of Use Agreement or this website shall be brought in the federal or state courts serving and located in Duval County, Florida, and you irrevocably consent to the jurisdiction of such courts and hereby waive any forum non conveniens objections you may have.


Invalidity, Amendments, and Revisions
If any part or portion of these Terms of Use are held or found by a court or other tribunal of competent jurisdiction to be void, invalid, or unenforceable, any such parts or portions shall be limited, stricken, or eliminated only to the extent necessary to make same valid and enforceable and the remaining Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between Mathodology and you as same pertain to the subject matter hereof. Mathodology may at any time and from time-to-time, without notice, and in its sole and absolute discretion, supplement, revise, amend, update, or replace these Terms of Use by posting said supplements, revisions, amendments, updates, or replacements on this Website. You are hereby notified and on notice that you should check this page periodically to review and apprise yourself of the current Terms of Use and ensure you are aware of any such revisions to which you are bound. Continued use of this Website after subsequent to posting of any such supplements, revisions, amendments, updates, or replacements of or to these Terms of Use shall constitute your agreement, approval, and consent to the revised Terms of Use. Various provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located elsewhere on specific or particular pages within this Website.   

Contact Us

If you have any questions, concerns or complaints about the Terms of Use, please contact us: