Terms of Use

* UPDATED: October 6th, 2017

Legal Restrictions and Terms of Use Applicable to this Site

Welcome to K-5 MATH TEACHING RESOURCES LLC’s website (the “Site”).  By using this Site, you signify Your consent to these Terms of Use (the “Agreement”) and our Privacy Policy, recited separately.  This Agreement constitutes a valid and binding agreement between K-5 Math Teaching Resources LLC (“K-5 MTR”) and you (“You” and/or “Your”).  

Please read this Agreement carefully before using this Site.  This is an important legal document.  If You do not agree to these Terms of Use, please do not use the Site.

USE OF MATERIALS

This Site is owned and operated by K-5 MTR, and unless otherwise indicated its contents are the property of K-5 MTR and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws.  No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that You may download and print copies of resources on this Site for individual classroom and personal use, provided You keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of K-5 MTR’s copyright, trademark, and trade secret rights and others’ proprietary rights.  For purposes of this Agreement, the use of any such material on any other web site or networked computer environment is prohibited, except as explicitly permitted by this Agreement or as agreed to in writing by K-5 MTR (including pursuant to any license agreement between You and K-5 MTR).  

All eBooks and other materials that K-5 MTR furnishes through this Site are the sole property of K-5 MTR and are protected to the fullest extent possible by U.S. and international 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 reproducing, retransmitting, distributing, publishing, commercially exploiting, or otherwise transferring any such materials in any format or medium whatsoever without written permission from K-5 MTR.  

CHANGES TO SITE

K-5 MTR may add, change, discontinue, remove or suspend any portion of the Site (including eBooks and other materials offered through the Site) at any time, without notice.  

TERMINATION

This Agreement is effective until terminated by either party.  You may terminate this Agreement at any time by destroying all materials obtained from the Site and all related documentation and all copies and installments thereof whether made under the terms of this Agreement or otherwise. This Agreement will terminate immediately without notice from K-5 MTR, if in K-5 MTR’s sole discretion You fail to comply with any term or provision of this Agreement, or if You engage in conduct that is illegal, tortious or that interferes with the technological operation of this Site.  Upon termination, You must destroy all materials obtained from the Site and all copies thereof, whether made under the terms of this Agreement or otherwise.

PERMISSION FOR REPRINTS

All material on the Site is protected by U.S. and foreign copyright and trademark laws.  In order to request permission to reprint any material on this Site (outside of personal, non-commercial or individual classroom use), please email orders@k-5mtr.com with “Permission for Reprints” in the subject line.

PERMISSION FOR WEB LINKING TO THIS SITE

If You link to the Site, the link must be in plain text, unless otherwise approved in advance by K-5 MTR.  Any such link must not damage, dilute or tarnish the goodwill associated with K-5 MTR or any K-5 MTR intellectual property, nor may the link create the false appearance that Your web site or organization is sponsored, endorsed by, affiliated or associated with K-5 MTR.  You may not link to the Site from any website that is unlawful, abusive, indecent or obscene, or that is otherwise inappropriate in K-5 MTR’s sole discretion.  K-5 MTR reserves the right, in its sole discretion, to terminate any link from any web site.  Linking directly to our free download files online and/or storing these materials on other servers is prohibited.  Links for viewing and downloading materials must take the user either directly to our Site (www.k-5mathteachingresources.com), or a specific page within the website.

LINKED SITES

This Site may contain links to or from other websites (the “Linked Sites”).  These Linked Sites are provided for Your convenience only.  K-5 MTR has not necessarily reviewed the information on those other Sites, nor is it responsible for the content of those or any other sites, or any products or services that may be offered through any Linked Sites.  Different terms and conditions may apply to Your use of any Linked Sites.

CHANGES TO THIS AGREEMENT

K-5 MTR reserves the right, in its sole discretion, to change this Agreement at any time by posting revised Terms of Use on the Site.  It is Your responsibility to check periodically for any changes that K-5 MTR may make to these Terms of Use.  Your continued use of this Site following posting of changes to these Terms of Use or other policies means that You accept the changes.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

K-5 MTR makes no representations or warranties with respect to the Site or its contents, which are provided for use “as is” and “as available.”  K-5 MTR disclaims all warranties, express or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose, with respect to the Site and any web site to which it is linked.  K-5 MTR does not warrant the functions, information or links contained on the Site, or that its contents will meet Your requirements, that the Site or its contents are fit for any particular purpose, or that the operation of the Site or its contents will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available are free from viruses or other harmful components.  K-5 MTR does not warrant or make any representations regarding the use or the results of the use of the materials on K-5 MTR in terms of their correctness, accuracy, reliability or otherwise.  Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to You.

Under no circumstances, including, but not limited to, negligence, shall K-5 MTR be liable for any special, incidental or consequential damages that result from the use of, or the inability to use, the materials on this Site, even if K-5 MTR has been advised of the possibility of such damages.  Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to You.  In no event shall K-5 MTR’s total liability to You for all damages, losses and causes of action (whether in contract or not (including, but not limited to, negligence) or otherwise) exceed the amount paid by You, if any, for accessing the Site, eBooks or other materials therein.

INDEMNIFICATION

By using this Site and/or the materials and eBooks provided herein, You agree to indemnify, defend and hold harmless K-5 MTR against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities and all costs and expenses of defense (including, without limitation, reasonable attorneys’ and other legal fees and costs) arising out of or relating to: (1) Your violation of this Agreement or any related law, rule or regulation; (2) a claim (by You or any third party) that is based on Your use of any content on the Site; or (3) any material uploaded by You or through Your computer to the Site or otherwise sent by You to K-5 MTR.  You will cooperate as fully and reasonably as required by K-5 MTR in the defense of any claim brought against K-5 MTR by a third party.  K-5 MTR reserves the right to assume the exclusive defense and control of any matter against it brought by a third party, subject to indemnification by You, and You will not in any event settle any claim brought by a third party without the prior written consent of K-5 MTR.  

JURISDICTIONAL ISSUES

This Site is controlled and operated by K-5 MTR from its offices in New York, United States of America.  K-5 MTR makes no representation that materials on the Site are appropriate or available for use in other locations.  Those who choose to access K-5 MTR from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

GENERAL

This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflict of law.  By using this Site, You and K-5 MTR each agree to submit to the exclusive jurisdiction of the courts of the state of New York and the federal courts of the Southern District of New York.  If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of the remaining provisions, and such provisions shall be deemed modified so that its purpose can be lawfully effectuated and enforced.  This is the entire agreement between You and K-5 MTR relating to the subject matter herein.

HOW TO CONTACT US

If you have any questions or comments about these Terms of Use or want to report a violation of these Terms of Use, please write to us at legal@k-5mtr.com.

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