Apps Terms of Use

Apps Terms of Use

Effective Date: January 1, 2005; Last Updated September 25, 2017.

  1. Usage. Use of the Apps (see below) is subject to the terms and conditions set forth in these Terms of Use (“these Terms”). The Apps are owned and operated by The Math Learning Center, an Oregon nonprofit corporation (referred to herein as “The Math Learning Center,” “we,” and “our”).

    MLC’s Apps include but are not limited to: Fractions, Geoboard, Math Vocabulary Cards, Money Pieces, Number Frames, Number Line, Number Pieces, Number Pieces Basic, Number Rack, Pattern Shapes, and Partial Product Finder (collectively, the “Apps”). A comprehensive list of MLC’s Apps is located at www.mathlearningcenter.org/apps.

  2. Legal Agreement. By accessing, browsing, or using one or more of the Apps, you, on behalf of yourself and any entity you represent, if applicable, acknowledge that these Terms are a legal agreement between you (and any entity you represent, if applicable) and The Math Learning Center. You, on behalf of yourself and any entity you represent, if applicable, further acknowledge that you have read, understood, and agree to be bound by these Terms. If acting on behalf of an entity, you must have, and you represent and warrant that you have, full authority to bind your entity to these Terms. Further, by using the Apps, you also consent and agree to the information practices disclosed in the Apps’ Privacy Policy, which is incorporated into and made a part of these Terms by this reference and discussed below. You acknowledge and agree that these Terms are supported by reasonable and valuable consideration (which consideration includes your use of the Apps), and you acknowledge your receipt of and the sufficiency of the consideration. These Terms affect your legal rights and obligations. If you do not agree to these Terms, please do not use the Apps.

  3. Modification of Terms. The Terms may, at any time, be updated in our discretion. If we change these Terms, we will post that fact on the Apps and post the revised Terms here. Unless a later date is indicated, any changes will be effective when we post the changes on our Apps. You can determine if these Terms have been revised since your last visit to the Apps by referring to the effective date or last updated date at the top of these Terms. You agree to be bound by the Terms currently in effect each time you access one or more of the Apps.

  4. Jurisdiction. The Apps are controlled and operated from the United States and are not intended to (and shall not be deemed to) subject us to non-U.S. jurisdiction or laws. Use of the Apps is unauthorized in any jurisdiction that does not give effect to all of these Terms. If you access the Apps, you do so at your own risk, and you agree to comply with all applicable local, state, and federal laws, rules, and regulations in connection with your use of the Apps. We may limit the Apps’ availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion.

  5. Modification of Apps. Unless otherwise expressly agreed by The Math Learning Center, we reserve the right, without notice and for any reason, to remove any MLC Content (“MLC Content” is defined as all text, publications, graphics, logos, images, audio clips, videos, mobile and web applications, digital downloads, and any other material and information on, comprising, or used in connection with the Apps) from or services offered through the Apps; to modify, suspend, or discontinue the Apps (or any part thereof); and/or to deny access of any user to all or any part of the Apps.

  6. Accuracy of MLC Content. We attempt to provide MLC Content on the Apps that is complete, accurate, and current. Despite our efforts, MLC Content may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or timeliness of any MLC Content.

  7. Intellectual Property.  All MLC Content made available on the Apps; the selection, arrangement, and presentation of all such MLC Content; the overall design, “look and feel,” color combinations, and other graphical elements of the Apps, and all rights, titles, and interests therein (including without limitation all copyrights, trademark rights, and other intellectual property and proprietary rights therein) are exclusively owned by The Math Learning Center and/or its licensors or suppliers. Such intellectual property rights are protected by all applicable intellectual property laws. The Math Learning Center™, BRIDGES®, NUMBER CORNER®, MATH AND THE MIND'S EYE®, BUILDING MATHEMATICAL THINKERS®, and certain other trademarks, service marks, slogans, taglines, and names appearing on the Apps are registered or unregistered trademarks and service marks of The Math Learning Center in the United States and other countries. The Math Learning Center exclusively owns all rights, titles, and interests in and to these trademarks, service marks, and names. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all of our trademark rights, and we may own other trademark rights. All rights not expressly granted are reserved. Your use of our trademarks, service marks, and names without our prior written consent is strictly prohibited. Product, service, and company names that appear on the Apps that are not owned by us are subject to trademark and/or other rights of other parties.

  8. Usage License. Subject to these Terms, The Math Learning Center grants you a nonexclusive, nontransferable, nonassignable, nonsublicensable, revocable, and limited license to access and use the Apps solely for personal or internal business purposes and/or to educate users or potential users about The Math Learning Center’s products or services. Any other copying, reproduction, use, distribution, republication, display, rental, sale, other transfer, modification, or translation of the Apps (or creation of derivative works based on or derived from the Apps) is strictly prohibited without the express written permission of The Math Learning Center. The Math Learning Center reserves the right to terminate this license for any reason. Your failure to abide by these Terms will result in automatic termination of this license, with or without prior notice. Except for the limited license set forth in these Terms, The Math Learning Center does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. By accessing, browsing, or using the Apps, you agree to the following restrictions:

    (a) you will not use the Apps in a manner contrary to or in violation of any applicable international, national, federal, state, or local law, rule, or regulation, or in any manner contrary to or in violation of these Terms;

    (b) you will not use the Apps in a manner that exceeds your limited license as defined above;

    (c) you will not delete, modify, adapt, translate, mirror, create works and/or derivative works based upon, reverse engineer, decompile, disassemble, or otherwise tamper with the Apps;

    (d) you will not create or compile a database of the Apps without The Math Learning Center’s prior written consent, and you will not otherwise access, use, download, or copy the Apps in order to compete with The Math Learning Center in any way;

    (e) you will not use the Apps to design, develop, operate, support, market, distribute, or otherwise make available any program, application, or service (including without limitation any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of, or interoperation with the Apps;

    (f) you will not use any manual or automatic website search/retrieval computer hardware or application to retrieve or in any way gather material on or comprising the Apps, or reproduce or circumvent the structure or presentation of the Apps without our prior written consent. General purpose Internet search engines can access the Apps and use limited content from the Apps if, in all cases: (i) They provide a direct hyperlink to the relevant web page from the applicable Website; (ii) they link to and use the Apps solely in connection with their activities as an Internet search engine; and (iii) they access the Apps from a stable IP address using an easily identifiable agent. We reserve the right to revoke this permission;

    (g) you will not upload, post, or otherwise transmit any software viruses or any other computer code intended to interrupt, destroy, or limit the functionality of the Apps;

    (h) you will not attempt to gain unauthorized access to the Apps;

    (i) you will not impersonate any person or entity, create a false identity, falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that we endorse any statement you make or have made;

    (j) you will not remove, obscure, or modify any copyright, trademark, or other proprietary rights’ notice from the Apps;

    (k) you will not use the Apps in any manner that may adversely affect our resources or the availability of the Apps to others, or in any way that disrupts the operation of the Apps or servers or networks that make the Apps available;

    (l) you will not use the Apps to submit any material or information that is obscene, threatening, harassing, slanderous, defamatory, abusive, invasive of privacy; or that infringes, misappropriates, or otherwise violates the proprietary or legal rights of any person or entity; and

    (m) all other terms of end-user license agreements included with a specific App or in the store from which a mobile app is available apply.

  9. Disclaimer of warranties and limitation of liability. You use the Apps at your own risk. The Math Learning Center provides the Apps “as is” and “as available,” without any representation or warranty of any kind, express or implied. We disclaim, to the maximum extent permitted by applicable law, all express, implied, and statutory representations and warranties with respect to the Apps, including, but not limited to: (a) Warranties of performance, merchantability, fitness for a particular purpose, security, non-infringement, title, satisfactory quality, suitability, reliability, accuracy, omissions, completeness, currentness, and lack of delays; (b) Warranties that access to or use of the Apps and/or any mlc content will be continued, uninterrupted, secure, complete, error free, or free of viruses or other harmful components, or that communications made through the Apps will be secure and not intercepted by a third party; (c) Warranties as to the life of the Apps, any url or third-party web service; (d) Warranties that any particular software or hardware will be compatible with the Apps and/or mlc content; and (e) Warranties with regard to any mlc content or software that has been modified in any way by anyone other than, and without the express approval of, The Math Learning Center. By accessing, browsing, or using the Apps, you acknowledge that the provision of content and software entails the likelihood of some human and machine errors, delays, interruptions, and losses, including the inadvertent loss of data or damage to media. 
    Without limiting the generality of the foregoing paragraphs or any other disclaimers or limitation of liability contained herein, to the maximum extent permitted by applicable law, in no event will The Math Learning Center be liable, in contract, tort (including without limitation negligence), strict liability, or otherwise, for: (a) direct, indirect, incidental, special, punitive, exemplary, multiplied, or consequential damages of any kind (including without limitation damages for loss of profits, loss of use, loss of data, loss of security of your information, or unauthorized interception of such information by third parties) arising out of, or in connection with use of or inability to use the Apps and/or any mlc content, whether or not The Math Learning Center has been advised of the possibility of such damages or losses in advance; (b) any claim(s) relating in any way to customer’s inability or failure to perform research or other work or to perform such research or work properly or completely, even if assisted by The Math Learning Center or by the use of the mlc content; and/or (c) any decision made or action taken by customer in reliance upon the availability of the Apps or mlc content made available through the Apps. 

    YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE APPS IS TO STOP USING THE SAME. 

    The disclaimers and limitations of liability contained in these terms are a material part of our agreement. It is possible that applicable law may not allow for limitations on certain implied warranties or exclusions or limitations of certain types of damages. Solely to the extent that such law applies to you, some of the disclaimers, exclusions, or limitations in these terms may not apply to you, and you may have additional rights. However, in all circumstances, our maximum aggregate liability for all damages, losses, and claims, whether in contract, tort (including without limitation negligence), strict liability, or otherwise shall be USD 50.00. Notwithstanding the foregoing sentence, if applicable law prohibits the limitation or exclusion of a party’s liability with respect to death or personal injury caused by such party’s negligence, fraud, or any other matter, then such party’s liability will not be limited or excluded to the extent of such prohibition under such applicable law. 
    No statements, whether oral or written, made by any director, officer, member, employee, shareholder, or agent of The Math Learning Center or made on the Apps may be deemed as a representation or warranty on behalf of The Math Learning Center in contradiction to this section 9 or any other provisions of these terms. 
    In agreeing to the limitations of liability contained in these terms, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of the limitations of liability to include only those claims that you may know or suspect to exist in your favor at the time of agreeing to the limitations of liability. Without limiting the generality of the foregoing, you expressly waive California Civil Code § 1542 (and any similar laws in other jurisdictions), which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

  10. Links to Third-Party Websites. The Apps may provide links to other third-party World Wide Web sites or resources that we do not own, operate, or control. You acknowledge that The Math Learning Center has no control over such sites and resources. Therefore, The Math Learning Center is not responsible for the availability of such external sites or resources and is not responsible or liable for any content, advertising, products, services, or other materials on or available from such sites or resources. If you click on the links, you will leave the Apps and be subject to the terms of use and privacy policies of the linked sites. YOUR USE OF THIRD-PARTY SITES IS AT YOUR OWN RISK. You agree that The Math Learning Center shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party website, content, products, or services available on or through any such website or resource.

  11. Privacy. For information on how we use and protect the personal information and automatically collected information collected through your use of the Apps, view the Apps Privacy Policy. Your use of the Apps constitutes your acknowledgment of and agreement to the Privacy Policy, and you acknowledge that you have read and understand that policy.

  12. Security. While we try to maintain the security of the Apps, we do not guarantee that the Apps will be secure. Additionally, third parties may make unauthorized alterations to or breaches of the Apps. If you become aware of any unauthorized third-party alterations to or use of the Apps or any other breach of security, please contact us immediately. Additional information regarding the security of your information is included in our Privacy Policy.

  13. Audit Rights and Enforcement. We have the right, but not the obligation, at any time and with any frequency in our discretion, to audit your use of the Apps to determine your compliance with these Terms. We have the right to enforce these Terms, for any reason and in any manner or by any means that we, in our discretion, deem necessary or appropriate. We may cooperate with any legal process relating to your use of the Apps and/or any third-party claim that your use of the Apps is unlawful or infringes, misappropriates, or otherwise violates any third party’s rights.

  14. Indemnification by you. Unless, and only to the degree prohibited by law, you agree to indemnify, defend, and hold The Math Learning Center and its successors and assigns and each of their officers, directors, shareholders, employees, agents, licensors, suppliers, and members harmless for, from, and against all claims, losses, liabilities, damages, judgments, settlements, awards, sanctions, fines, demands, and costs and expenses, including reasonable attorneys’ fees, costs, and other expenses, resulting from or arising out of (i) your violation of these Terms or of any law, rule, or regulation; and/or YOUR breach of or default under any provision of these terms; and/or the falsity of your representations and warranties made in these terms (ii) your misuse of the Apps, or use of the otherwise than in accordance with the rights granted under these terms; and/or (iii) your violation of any third-party rights.

  15. Your Discontinued Use. You may discontinue use of the Apps at any time. These Terms will continue to apply to all past use of the Apps, even if you are no longer using them, whether voluntarily or because we terminated your access to the Apps.

  16. Governing Law and Disputes. These Terms, and any dispute that may arise between you and The Math Learning Center regarding the Apps or MLC Content, shall be governed in all respects by the laws of the State of Oregon, U.S.A., without regard to conflict-of-laws principles that might result in the application of the laws of any other jurisdiction. In the event if a dispute, arbitration or litigation shall take place in either Marion County or Multnomah County, Oregon. You hereby consent to the exclusive jurisdiction and venue of the federal, state, and local courts located in Marion County and Multnomah County, Oregon, and you waive any jurisdictional, venue, or inconvenient forum objections thereto. You agree that any dispute arising between you and The Math Learning Center under these Terms will be conducted only on an individual basis and not in a class, consolidated, or representative action. You further agree to waive your right to a jury trial in connection with any action or litigation arising out of or related to these Terms. You further agree that, regardless of any statute or law to the contrary, you must file any claim or cause of action against The Math Learning Center arising out of or relating to these Terms or your use of the Apps within one (1) year after such claim or cause of action arose, or forever be barred. To the extent you have in any manner violated or threatened to violate The Math Learning Center’s intellectual property rights; disclosed or threatened to disclose any of The Math Learning Center’s confidential or proprietary information; violated or threatened to violate the security of any person, data, The Math Learning Center servers or networks, and/or the Apps; and/or otherwise breached or threatened to breach these Terms, you acknowledge and agree that such actual or threatened violation or breach will cause immediate and irreparable harm to The Math Learning Center, and we shall be entitled to injunctive and other appropriate relief, including without limitation specific performance (without the posting of a bond or other security and without proving damages), and you agree that we may seek such relief in any court of competent jurisdiction.

  17. Severability. If any provision of these Terms is determined by a competent authority to be unenforceable or invalid under applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision, and all other provisions of these Terms shall continue in full force and effect.

  18. General. These Terms do not create any partnership, joint venture, employer-employee, broker-dealer, agency, or franchise relationship between you and us. No waiver or failure to assert any provision of the Terms will be valid unless in writing and signed by waiving party. No waiver of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign our rights and duties under these Terms to any party, at any time, and without notice to you, unless otherwise expressly stated in these Terms or required by law. These Terms (and the Privacy Policy incorporated into these Terms) constitute the entire agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. We will not be responsible for failure to fulfill any obligation due to causes beyond our control. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Apps or information provided to or gathered by us with respect to such use. We reserve all rights not expressly granted in these Terms.

  19. Contact Information. If you have any questions about these Terms, the Apps, or MLC’s other products and services, please contact us.