Welcome to K-5 MATH TEACHING RESOURCES LLC’s .com website (the
“Site”). Use of the Site is contingent upon your acceptance of and
compliance with these Terms of Service (the “Agreement”) and our Privacy
Policy which is recited separately. This Agreement constitutes a valid
and binding agreement between K-5 MATH TEACHING RESOURCES LLC, (the
“Company,” “K5MTR”, “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,
WE WILL NOT GRANT YOU ANY LICENSE OR USE RIGHTS HEREUNDER AND YOU SHOULD
EXIT THIS SITE IMMEDIATELY.
1. ELIGIBILITY. You must be 13 years
of age or older to enter this Site and/or download any of the content
available on the Site on your own. If you are under the age of 13,
please exit the Site. K5MTR reserves the right to ask for proof of age
and to withhold or terminate your membership if you are below the
specified age requirement. Use of the Site is void in any jurisdiction
where prohibited. You represent and warrant that you have the right,
authority and capacity to enter into this Agreement and to abide by all
of the terms and conditions of this Agreement.
2. CHANGES TO SITE
AND/OR TERMS AND CONDITIONS OF SERVICE. K5MTR 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. K5MTR will notify all
users by way of announcement on the Site, if and when changes are made.
You agree to review this Agreement 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
between us electronically over the Internet or by e-mail and accept the
risks including security and privacy risks from internet and e-mail
3. MODIFICATIONS TO SITE AND/OR SERVICES. K5MTR
reserves the right at any time to modify or discontinue, temporarily or
permanently, the Site or any service, materials, or eBook, offered
through the Site (or any part thereof) with or without notice. You agree
that K5MTR 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.
4. OWNERSHIP AND INTELLECTUAL PROPERTY.
Any and all materials and eBooks K5MTR furnishes through the Site are
the sole property of K5MTR and are protected to the fullest extent
possible by copyright, trademark and other intellectual property laws.
You may print copies of resources on this Site for individual classroom or personal use only. You are strictly
prohibited from reproducing, retransmitting, 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.
5. 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 offense, 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 K5MTR personnel
or another user or subscriber.
6. LINKED SITES. K5MTR is not
necessarily affiliated with Web sites which may be linked to or from the
Site (the "Linked Sites") and is not responsible for their content.
Links from the Site to the Linked Sites are for your convenience only
and you access them at your own risk.
7. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.
ALL SERVICES, MATERIALS AND EBOOKS PROVIDED THROUGH THIS SITE ARE ON
ARE PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE"
BASIS. K5MTR 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. K5MTR 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. K5MTR DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY
BE OBTAINED FROM YOUR USE OF THE SERVICES OR EBOOKS OFFERED THROUGH THIS
SITE. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF
ANY EBOOK OR MATERIALS PROVIDED THROUGH THE SITE. K5MTR DOES NOT
WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR
THE RESULTS OBTAINED WITH ANY MATERIALS OR EBOOKS PROVIDED THROUGH THE
SITE (INCLUDING BUT NOT LIMITED TO INCREASING, ENHANCING, OR OTHERWISE
IMPROVING THE MATH AND ARITHMETIC 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.
K5MTR EXPRESSLY DISCLAIMS ANY AND ALL
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES IN ANY
EVENT EVEN IF ADVISED BEFOREHAND OF SUCH DAMAGES. TO THE GREATEST
EXTENT PERMISSIBLE UNDER APPLICABLE LAW, K5MTR'S LIABILITY FOR ANY LOSS,
CLAIM, DAMAGE OR LIABILITY OF ANY KIND INCLUDING THAT WHICH MAY BE DUE
TO K5MTR'S ACTUAL OR ALLEGED NEGLIGENCE, SHALL NOT EXCEED THE AMOUNT A
SUBSCRIBER OR USER PAID FOR THE USE OF THIS SITE OR AN EBOOK.
HOLD HARMLESS AND INDEMNIFICATION. By using the Site and/or the
materials and eBooks provided by the Site, you agree to indemnify and
hold K5MTR 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.
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 and the federal laws of the United States of
America, without regard to its conflict of law provisions and excluding
that body of law known as conflicts of law and the United Nations
Convention on Contracts for the Sale of Goods. You expressly agree to
submit to the exclusive jurisdiction of the New York courts.
NO PARTNERSHIP. Nothing herein shall be construed to create an agency,
partnership, joint venture, employee-employer or franchiser-franchisee.
11. 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.
12. 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
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