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 communications.
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.
8. 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.
9. 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 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.
10. 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 matter.