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Maneuvering the Middle

Student-Centered Math Lessons

Terms of Use

TERMS OF USE

I. ACCEPTANCE OF TERMS OF USE

Please read the following terms and conditions (“Terms of Use” or “Terms”) carefully before accessing the https://www.maneuveringthemiddle.com/ website (“Website”) and all products, content, services and resources (“Resources”) available at or on this Website that are provided by  Maneuvering the Middle, LLC (“MTM”). By using or accessing the Website, or purchasing any Resources from this Website, you signify that you have read these Terms and agree to be bound by and comply with all terms and conditions contained herein, without modification. If you do not agree to these Terms of Use or the privacy policy included herein, you must immediately terminate your use of the MTM website. MTM reserves the right to modify these terms at any time and will post an amended Terms of Use that is always accessible on this Website. MTM reserves any rights not explicitly granted in these Terms of Use. Your continued use of the Website following our posting of amended or new terms of use will constitute binding acceptance of the amended or new terms of use. 

II. WHO WE ARE

MTM is an education blog and curriculum creator with valuable tips for lesson planning, classroom technology, and math concepts in the middle school classroom. MTM produces and distributes innovative, engaging, and educational math-based curriculum for students through products and resources purchased by school districts and teachers. The Website is available only to individuals who are at least 18 years old.

III. MTM OWNERSHIP OF ALL INTELLECTUAL PROPERTY.

MTM maintains full ownership of its Website, Resources, and any and all other forms of intellectual property included on the Website and Resources. Nothing in these Terms of Use, or the grant of the limited license herein, shall be construed as transferring any ownership, in full or in part, to you by your use of this Website or by any purchases of Resources made through the Website. The logo, name, and all graphics on the Website belong to MTM;  use, reproduction, copying, or redistribution, without the written permission of MTM is prohibited. MTM does, however, grant you a limited, revocable, and nonexclusive license to create a hyperlink (www.manueveringthemiddle.com) to this Website to share and promote, provided however, that the link and supporting content does not portray MTM or its Resources in a false, misleading, or derogatory or offensive manner.

IV. LICENSING

A limited license to access, download, and use the Resources are granted to you as provided for in this section, subject to all restrictions set forth below, and conditioned on your continued acceptance and compliance with these Terms of Use.- For purposes of the license(s) granted below, any reference to “you” or “authorized user” herein refers to the licensed authorized user for purposes of the license.

A. Number of Authorized Users Under the License. The Resources offered on the Website are only to be used by you, as an authorized user, subject to the limited license granted below. A license is required for each user; the number of licenses purchased by the school/district must be equal or greater than the number of users. Only authorized users may access and use the Resources through their individual subscription/membership login; multiple teachers may not share a single subscription/membership login.

B. Grant of License. MTM hereby grants you a limited license to access, download, and use the Resources when:

  1. You receive a Resource at no cost to you in exchange for providing your email to MTM for purposes of joining MTM’s email list;
  2. You make a one-time purchase of a Resources(s) through the Website;
  3. You make a purchase of a subscription/membership through the Website. Your license is included in the subscription/membership as long as the subscription/membership is active;
  4. Your school/district of employment makes a one-time purchase of a Resource(s) through the Website and selects you as an authorized user. As an authorized user, you are licensed to access, download, and use the purchased Resource(s) for as long as you are employed by and authorized by your school to do so. Schools/districts may revoke access to a school-purchased Resource(s) for one user and reassign access to another user without notifying MTM. However, at all times, the number of licenses purchased by the school/district must be equal or greater than the number of users;
  5. Your school/district of employment purchases a subscription/membership through the Website and selects you as an authorized user. As an authorized user, you are licensed to access, download, and use the purchased Resource(s) for as long as you are employed by and authorized by your school to do so. Schools/districts may revoke access to a school-purchased Resource(s) for one user and reassign access to another user without notifying MTM. However, at all times, the number of licenses purchased by the school/district must be equal or greater than the number of users.

C. License Restrictions. The license granted herein is subject to the following restrictions. These restrictions apply regardless of whether you purchased the Resource(s), you received them for free through the Website, or your school/district purchased the license and listed you as the authorized user:

  1. No Modifications. Unless otherwise expressly stated in these Terms of Use or you receive MTM’s prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from the Resource(s), or any portion thereof.
  2. Non-Commercial Use. Resource(s) may not be used, in their original or in a derivative form, in whole or in part, for commercial use. For example, authorized users are not permitted to use Resources on commercial platforms such as Outschool or other similar platforms. The Resource(s) are licensed to you only for non-commercial use in academic teaching and education for classroom instruction only.
  3. Printing and Copy Distribution of Resources. You are authorized to print and/or make copies of the Resources for classroom instruction in accordance with your license. For these limited means of print and copy distribution methods to be permissible under your license, the license must be active and valid and in compliance with the licensing and payment terms herein. When your license expires, for any reason, your authorization to print and copy the Resources expires immediately.
  4. Digital Distribution and Display of Resources. Resources may not be distributed or displayed digitally except as set forth below. For these limited means of digital distribution to be permissible under your license, the license must be active and valid, in compliance with the licensing and payment terms herein. When your license expires, for any reason, your authorization to digitally distribute the Resources expires immediately. The Resource(s) may only be digitally distributed in the following ways:
    • a. You may share Resources with the students under your classroom instruction through a learning management system (LMS) or third-party platform only if access to the Resources is password protected, with the password provided only to students under your classroom instruction. You may not share the Resources on a public website, shared directory, or drive, or on an open third-party platform, educational or otherwise. Violation is a violation of federal copyright law;
    • b. You are not permitted to allow students to access, use, or create a log in or use an authorized user’s login to access the Resources on the Website. You may, however, email the Resources to students under your classroom instruction, through the student’s school email address or to the email address of their designated parent/guardian;
    • c. You may upload Resources to your Google Drive or other similar platform and share the Resources directly to students under your classroom instruction so long as you ensure the settings on the platform are marked for private, and not public, access;
    • d. You may record yourself using the Resources to teach the educational and instructional material. You are permitted to distribute the video to students under your classroom instruction in a non-public manner; Recordings including the Resources are not permitted to be re-used after the license expires;
    • e. You may not extract any portion of the Resources for any purpose. All components, including but not limited to Clipart, of the Resources are copyrighted and any extraction from the Resources is prohibited without prior written permission from MTM;
    • f. You are not permitted to copy or share the Resources by any means with another teacher, classroom, department, school, or district except in the following situations: (i) authorized users may provide Resources to substitute teachers who are teaching on their behalf; and (ii) authorized users may provide the Resources with resource teachers, aides, and other classroom assistants who are assisting with the instruction of the students under your classroom instructions.

V. PAYMENT, AUTOMATIC RENEWAL, CANCELLATION

A. Fees and Payment. Current fees for Resources and subscription/memberships are set forth on the Website. In exchange for your purchase of a Resource or subscription/membership, you agree to pay MTM the one-time and/or monthly or annual subscription fees. The fees for subscription/membership are charged on the day you or your school/district sign up and will cover the use of that service for a monthly or annual subscription period as indicated. All payments are nonrefundable.

B. Automatic Renewal.

  1. Subscriptions/memberships purchased through the Website will automatically renew unless you cancel the subscription/membership as provided below.
  2. MTM will send you a reminder notice of the upcoming automatic renewal at least fifteen (15) days, but no more than forty-five (45) days, before renewal of any subscriptions with a term of one (1) year or more are to occur.
  3. If you do not cancel your automatically renewing subscription/membership in the manner set forth below, you hereby authorize MTM to collect the then-applicable subscription fee for such subscription (and applicable taxes) using any credit card or other payment mechanism MTM has on record for you.  Your account will become inactive if payment is not made or is declined after one (1) attempt.
  4. Purchases made through MTM’s purchase order process are not subject to automatic renewal. Such transactions are governed by separate agreement.

C. Cancellation. Subscriptions and memberships made by you through the Website can be canceled directly by you through your account settings. You can self-cancel the subscription via the cancel button in your account prior to the next renewal. If you wish to have MTM cancel the automatic renewal, you must notify MTM at least five (5) business days before the end of the applicable subscription period. Cancellation requests must be submitted to MTM in writing via email to contact(at)manueveringthemiddle.com

D. Changes to Payment and Renewal Terms. MTM reserves the right to change payment terms, fees, and renewal terms upon thirty (30) days’ prior written notice to you. You will receive such notice via email. Please ensure that MTM is listed as a safe sender in your email service.

VI. PRIVACY POLICY

MTM values and respects your privacy. If you use the Website, you agree that your activities are covered by our privacy policy. MTM reserves the right to modify this privacy policy. If the privacy policy is materially changed, then MTM will contact users of its Website via the email address you provided to MTM. Changes to the privacy policy are effective immediately upon their posting on the Website.

A. What Personal Data MTM Collects and Why MTM Collects. MTM collects personal information of Website visitors for spam prevention services. MTM also utilizes Facebook Pixel, which is a piece of code MTM put on the Website that allows MTM to measure the effectiveness of its advertising and user actions. Other than the foregoing, MTM does not collect information that is not provided within the comment boxes provided through the Website. When users leave comments on the site, MTM collects the data shown in the comments form. The user’s IP address and browser user agent string are also collected to help spam detection and prevention. Additionally, an anonymized string created from a user’s email address (also called a hash) may be provided to the Gravatar service to see if users are using Gravatar. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of a user’s comment, a profile picture is visible to the public in context with a user’s comment. If a user leaves a comment on the MTM site, the user may opt-in to saving their name, email address, and site in cookies. These are for the user’s convenience so that they do not have to fill in their details again when they leave another comment. These cookies will last for one (1) year. MTM may also collect data from third-party website analysis providers.

B. Personal Data.

  1. MTM collects the personal information you provide or the information your school/district provides during the registration or purchasing process. This information includes but is not limited to your name, address, phone number, and email address.
  2. MTM does not sell or trade any personal information or data collected from any Website analysis it may perform. MTM will disclose your personal information as required by law, in support of a disputed transaction, or if you violate the Terms of Use. If you are a user of a school-purchased product, MTM will share information about your use of that account with the school.
  3. MTM does store the personal information you provide via the Website, either during the registration or purchasing process, as well as information you provide in your user profile.
  4. MTM does not store your payment information on MTM’s Website or servers; however, payment information you provide may be stored on a token on our Website via a third-party payment processer (e.g., Stripe, Paypal, or similar platform) utilized by MTM for processing payments. By providing payment via MTM’s Website, you understand and agree that the payment processor may include a token on our Website to collect and store such payment information.
  5. All users that register on MTM’s Website can view, edit, or delete their personal information at any time (except they cannot change their username).
  6. If users leave a comment on the Website, the comment and its metadata are retained indefinitely. This is so MTM can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue. Site administrators can also see and edit that information.
  7. MTM may occasionally send you emails about the Website, subscription/membership renewals, and other general information about MTM, its services, and Resources. If you no longer wish to receive such emails, you may unsubscribe via the link found at the bottom of each email. Even if you unsubscribe, MTM may still contact you about your account or regarding Resources you have purchased.

C. Children’s Privacy. MTM complies with all federal, state, and local laws applicable to MTM. MTM’s site does not collect, use, or disclose personal information from children under thirteen (13) years of age and therefore is not subject to the Children’s Online Privacy Protection Rule (“COPPA”). While users are permitted to use the MTM’s resources for educational purposes and instruction of children under the age of thirteen, at no time will MTM collect, use, or disclose personal information of children under thirteen. If you are a parent or guardian and you are aware that your child has provided MTM with any Personal Data, please contact us at contact(at)manueveringthemiddle.com. If MTM becomes aware that it has collected Personal Data from anyone under the age of thirteen (13) without verification of parental consent, MTM will remove that information from its servers.

D. Your Rights Over Your Data. If you are a registered user, or have left comments, you can request to receive an exported file of the personal data MTM holds about users, including any data users have provided to MTM. Users can also request that MTM erase any personal data it holds about users. This does not include any data MTM is obliged to keep for administrative, legal, or security purposes.

E. Where MTM Sends User Data. User comments may be checked through an automated spam detection service.

F. California Users. California law entitles California website guests to request information relating to whether a business has disclosed personal information to any third parties for the third parties’ direct marketing purposes. MTM will not sell or transfer personal information to third parties for their direct marketing purposes without your consent.

G. MTM Disclosure Regarding Third-Party Websites. MTM is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees on qualifying purchases by linking to Amazon.com. Additionally, MTM sells its Resources on various third-party platforms, such as teacherspayteachers.com. Third-party websites collect their own information from users in accordance with their own privacy policies. If you access third-party websites, you are subject to their policies. MTM has no control over third-party websites. We do not review or control third-party websites and are not responsible for their content and do not represent that their content is accurate or appropriate. Your use of third-party websites is at your own risk.

VII. USER OBLIGATIONS

A. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with these Terms of Use, including the privacy policy included herein, and with all applicable laws and regulations, and that (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party. You understand that your use of MTM’s Website is solely at your own risk and is subject to all applicable laws, regulations, and ordinances.  You warrant that you will abide by, without limitation, all applicable local, state, national, and international laws, and regulations with respect to your use of the Website and that you will not interfere with the use and enjoyment of the Website by other users or with Website’s operation and MTM’s management of the Website. You agree and acknowledge that you are solely responsible for any liabilities, fines, penalties, or forfeitures occasioned by any such violations or lack of rights.  You must, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the Websites, including, without limitation, information required to be provided through an online MTM registration form. If any false, inaccurate, untrue, unauthorized, or incomplete information is submitted by you, MTM reserves the right to terminate your access and use of the Website. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the Website, or defame or otherwise harm any party through your use of the Website. Unless expressly required by law, you understand that MTM does not guarantee the confidentiality or security of any communication to or from the MTM Website or other forms of communication.

B. User-Generated Content on Website. MTM retains the right to remove any content you may post on the MTM Website for any reason, including but not limited to, comments that MTM, in its sole discretion, deem threatening, demeaning, profane, obscene, a violation of intellectual property rights or privacy laws, off-topic, commercial or promotion of organizations or programs, or otherwise injurious or illegal. MTM also retains the right to ban or block a user from posting or commenting on MTM’s Website without notice as it deems necessary and in its sole discretion.

C. Authorized User Accounts.

  1. Certain portions of our Website are accessible only to authorized users who have been granted access and given login credentials. If you maintain an account as an authorized user, you are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password, and you agree to accurately maintain and update any personal information relevant to your user account.
  2. You are not permitted to share your login information with others, including other teachers or students.
  3. MTM reserves the right to take any and all action, as it deems necessary or reasonable to maintain the security of the Website and your account, including without limitation, terminating your account, changing your password, requesting information to authorize transactions on your account, or removing, editing, or cancelling orders in MTM’s sole discretion.
  4. MTM EXPLICITLY DISCLAIMS LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.

VIII. MTM DISCLAIMERS

A. Disclaimer of Warranties. MTM provides its Website and Resources on an “AS IS” basis. MTM and its officers, directors, employees, owners, members, suppliers, and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, non-infringement, or any implied warranties arising from course of dealing or performance. MTM does not make any warranty, either express or implied, that the Website or Resources will be uninterrupted, secure, or error free. You understand and acknowledge that your use of this Website and any Resources, is done so at your own discretion and risk, and that MTM is not responsible for any data corruption, technical difficulties, or interruptions. User will be solely responsible for any damage resulting from such use of this Website and any Resources downloaded from the Website.

B. Third-Party Services and Websites. MTM utilizes third-party services to operate and enhance MTM’s Website experience through features operating in the background of the Website. Although MTM performs due diligence and uses reasonable efforts to select third-party service providers who align with MTM’s mission and values, MTM has no control over and assumes no responsibility for the services provided to MTM by any third-party. Further, MTM’s Website and the Resources provided may contain links to other websites and utilize third-party services that are not operated by MTM. If you click on a third-party link, you will be directed to that third party’s website. MTM has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. MTM has used reasonable efforts to verify the authenticity of third-party links and the products the links provide, but MTM is not responsible for a third-party’s provided link or the products the links provide. In no event will MTM be liable for the acts, omissions, products or services of any third-party licensors, contractors, outsourcers, or other vendors (including a failure to provide or perform such services).

C. Indemnification. You agree to defend, indemnify, and hold harmless MTM and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “MTM Entities”) from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the website; (ii) your violation of these Terms of Use or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party concerning this website. MTM reserves the right, at its expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with the defense of such claim.

D. Limitation of Liability. TO THE EXTENT PERMISSIBLE BY LAW, IN NO EVENT WILL MTM BE LIABLE TO YOU FOR ANY PERSONAL INJURY, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE DAMAGES, OR DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO YOUR ACCESS TO MTM’S WEBSITE OR RESOURCES.

IX. MISCELLANEOUS

A. Changes to the Terms of Use. MTM reserves the right to revise these Terms of Use, its Website, and its Resources at any time in its sole discretion. Your use of the Website signifies your acceptance of all terms and conditions contained in the Terms of Use that are posted on the Website at the time of your use. The Effective Date will be posted with the most current Terms of Use. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms of Use. You are responsible for regularly reviewing the Terms of Use posted on MTM’s Website.

B. System Requirements. Your use of the Resources requires you to have compatible devices, internet access, and software that may require updates and upgrades from time to time. It is your responsibility to ensure that system requirements are met and available for the use of the Resources. MTM is not responsible for incompatible devices that cannot support the Resources.

C. Violations of Terms of Use. If we do not immediately take action to address a violation of these Terms of Use, MTM is not waiving our rights to take action in the future.

D. Severability and Waiver. If any particular provision of these Terms of Use is found to be unenforceable, that provision will be severable and will not affect any of the other provisions. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

E. Support. Your purchase of a license for a Resource or subscription/membership includes access to email support to MTM which allows you to request MTM assistance by email at contact(at)manueveringthemiddle.com at any time. MTM makes reasonable efforts to respond to all requests within two (2) business days.

F. Jurisdiction. This Website is owned and operated by MTM from our offices in Texas. Your use of the Website, Resources, and any related legal action that may arise in connection with the foregoing, will be governed by the laws of the State of Texas, without regard to conflict of laws principles. The sole jurisdiction for any litigation arising out of your use of or inquiries to the Website will be an appropriate federal or state court located in Williamson County, Texas.

G. Dispute Resolution. In the interest of resolving disputes in the most expedient and cost-effective manner, you and MTM agree that any and all disputes arising in connection with these Terms of Use shall be resolved by binding confidential arbitration. Our agreement to arbitrate disputes includes but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ACCESSING THIS WEBSITE, YOU AND MTM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

H. Force Majeure. MTM shall not be liable for damages for any delay or failure of delivery of Resources arising out of natural and unnatural causes outside of our reasonable control, and without fault or negligence, including but not limited to Acts of God, acts of civil or military authority, fires, floods, other natural causes, wars, internet disruptions, hacker attacks, communication failures, or widespread pandemic or epidemic, making it impracticable or impossible to deliver the Resources to you.

I. Copyright Complaints. MTM respects the intellectual property rights of others. If for any reason you believe your intellectual property has been used or violated on the Website or within the Resources, you may send a written notification, containing all of the information required under 17 U.S.C. §512(c)(3),to our Designated Copyright Agent at contact@manueveringthemiddle.com regarding the issue.

J. Separate Agreements with MTM. MTM reserves the right to require that you agree to a separate contract as a condition of your use and/or purchase of Resources. If such agreement is entered between MTM and you, or MTM and your school/district, such separate agreement shall supersede these Terms of Use.

Effective Date: February 21, 2023