We are glad you have decided to use
the services we offer on our Site and we hope you find them useful. For
both your protection and ours, we have established the following Terms
of Use document that we expect all parents, students, teachers,
administrators, and other visitors, registered or otherwise, to follow
while in (or at) our site. Your continued use of our Site means that you
acknowledge these Terms and agree to abide by them at all times. Because
we reserve the right to modify these Terms of Use at any time, please
check them regularly. We will also notify you as described below if any
material terms should change. Please note that you will be referred to
as "User" from time to time in this Agreement.
GENERAL RULES
You agree and continue to agree to
use our Web Site (further referred to as the Site) in a manner
consistent with all applicable laws and regulations and in accordance
with the Terms and Conditions set out in the policies and guidelines
outlined below.
RULES OF CONDUCT FOR USE OF OUR
MESSAGE BOARDS AND OTHER INTERACTIVE AREAS
We strive to provide the best user
experience possible by ensuring that our community fosters learning in a
safe and respectful manner. The iMathLearning Community provides an
atmosphere of trust in which users are encouraged to teach and learn
from each other while having fun. We encourage you to model positive
community behavior and to let us know when you feel that another user is
not doing so. In order to maintain our community standards, certain
behaviors will not be tolerated. By continuing to use our Site, you are
agreeing that you will not post any of the following material on any of
our Message Boards, Galleries, or other interactive posting areas found
at (or in) the Site:
1. Advertising or any form of
commercial solicitation
2. Material that personally
identifies a child or a student
3. Material that is untrue,
defames, abuses, harasses, or threatens others
4. Statements that are bigoted,
hateful, mean-spirited, or ethnically or racially offensive
5. Material that advocates illegal
activity or discusses illegal activities with the intent to commit them
6. Unauthorized copyrighted
material (including, but not limited to, text, sound, or graphic files)
7. Material that contains vulgar,
obscene, pornographic, or indecent language or images
Statements or postings that violate
the above terms or that we believe in our sole and absolute discretion
should not be posted will either not be posted, will be edited prior to
posting, or will be removed from the Message Boards or other Postings
upon discovery. Furthermore, such User will be responsible for all of
our damages arising from such posting. Depending on the nature and
extent of the violation, we may, at our sole discretion, terminate such
User's account.
E-COMMERCE TRANSACTIONS
We make certain products available
to you through our online Store. To protect your online order
information, iMathLearning uses Secure Sockets Layer (SSL) technology
provided by VeriSign. This technology is the industry standard for
providing secure online transactions. Please see our Security page and
our Privacy Policy for more information.
LICENSE TO USE OUR SITE
iMathLearning, Inc. grants you a
personal, non-exclusive, non-assignable and non-transferable license to
use and display the services made available on the Site on any machine(s)
of which you and/or members of your family or class(es) are the primary
User(s). Except for items on the Site that registered users are
expressly authorized to copy or use in accordance with the Fair Use
Guidelines, or use of the Site specifically in classroom or home
projects where iMathLearning is given attribution, or use of our logo(s)
including those on our Link to Us page to link back to our Site,
unauthorized copying or duplication of the services in any manner,
including software that has been modified, merged, or included with the
services, or the written materials associated therewith is expressly
forbidden. You acknowledge that you may not sublicense, transfer, sell,
or assign this license or the services received thereunder. Any attempt
to sublicense, transfer, sell, or assign this license is void.
Unauthorized access to subscription
areas of the Site by non-subscribed Users is prohibited.
LIMITATION OF LIABILITY AND
WARRANTY YOU AGREE THAT USE OF OUR SITE IS ENTIRELY AT YOUR OWN RISK.
OUR SITE AND THE SERVICES PROVIDED HEREIN ARE PROVIDED "AS IS," WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS,
OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE,
INCLUDING WITHOUT LIMITATION OUR SOFTWARE OR SERVICES LICENSED TO YOU
AND THE RESULTS OBTAINED THROUGH THE SERVICE (UNLESS SUCH WARRANTIES ARE
LEGALLY INCAPABLE OF EXCLUSION). SPECIFICALLY, WE DISCLAIM ANY AND ALL
WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING
THE AVAILABILITY, ACCURACY, OR CONTENT OF INFORMATION, PRODUCTS, OR
SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER OF LIABILITY
APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR
DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD,
WHETHER FOR BREACH OF CONTRACT, TORTIOUS OR BEHAVIOR, NEGLIGENCE, OR
UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT
IMATHLEARNING, INC. IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR
ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF
INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IMATHLEARNING'S ENTIRE LIABILITY
AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF OUR SITE OR
PRODUCTS SHALL BE LIMITED TO THE REPLACEMENT OF ANY PRODUCT FOUND TO BE
DEFECTIVE OR RETURN OF YOUR MONIES PAID. YOUR SOLE AND EXCLUSIVE REMEDY
FOR ANY OTHER DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION
WITH US.
NEITHER IMATHLEARNING, INC. NOR ANY
OF ITS AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, LOST PROFITS, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO
OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. YOU HEREBY
ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL
CONTENT AND SERVICES ON THE SITE.
SERVICE MARKS AND TRADEMARKS
IMathLearning.com, iMathLearning,
Letsgoteach.com are all service marks and/or trademarks of iMathLearning,
Inc. Other trademarks appearing on the Site are trademarks of their
respective owners. Except as permitted through our Link to Us page and
our partners page, you shall not display, disparage, dilute, or taint
our trademarks and service marks or use any confusingly similar marks or
use our marks in such a way that would misrepresent who the proper owner
of such marks is. Any permitted use of our service marks or trademarks
by you or your classroom shall inure to the benefit of iMathLearning.
INDEMNIFICATION
Upon our request, you agree to
defend, indemnify and hold us harmless from any dispute that may arise
from your breach of the terms of this Agreement. You agree to hold
iMathLearning and its affiliates, employees, contractors, officers,
directors, and/or content providers harmless from any and all claims and
expenses, including attorney's fees and court costs, related to your
violation of this Agreement, including the Rules of Conduct or any
information, software, files, messages, or other content placed on our
Site by you. We reserve the right, at our own expense, to assume the
exclusive defense and control of any matter otherwise subject to
indemnification by you. In that event, you shall have no further
obligation to provide indemnification of us in that matter.
TERMINATION OF SERVICE
User may terminate this Agreement
and User's right to use our Site and services at any time by
notification to us as set forth above. We may terminate your account or
access rights to the Site at any time, without notice, for conduct that
we believe violates this Agreement or other policies or guidelines that
we have posted on our Site.