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.
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:
- 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;
- You make a one-time purchase of a Resources(s) through the Website;
- 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;
- 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;
- 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:
- 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.
- 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.
- 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.
- Subscriptions/memberships purchased through the Website will automatically renew unless you cancel the subscription/membership as provided below.
- 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.
- 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.
- 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.
B. Personal Data.
- 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.
- 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.
- 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.
- 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).
- 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.
- 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 does not collect, use, or disclose personal information from any minor children, including those under thirteen (13) years of age, and therefore is not subject to the Children’s Online Privacy Protection Rule (“COPPA”). While Customer and its Authorized Users are permitted to use the Resources for educational purposes and instruction of minor children, including those under the age of thirteen, at no time will MTM collect, use, or disclose personal information of minor, including from minor children under the age of thirteen. These License Terms shall be governed by the laws of the State of Texas without regard to conflict of law principles.
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
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.
- 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.
- You are not permitted to share your login information with others, including other teachers or students.
- 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.
- 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. To the extent permitted by the Texas Constitution and the laws of Texas, Customer agrees to indemnify, defend and hold MTM, its subsidiaries, affiliates, and all MTM Parties harmless from and against any and all liability, harm, losses, expenses, damages, and costs, including reasonable attorney’s fees, incurred by any of the MTM Parties in connection with any claim arising out of Customer’s use of the license granted herein, any use or alleged use of any granted herein license by any person, whether or not authorized by Customer, Customer’s violation or breach of any part of these License Terms, or Customer’s violation of the rights of any other person or entity, including the license or any of MTM’s intellectual property.
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.
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.
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.
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 firstname.lastname@example.org regarding the issue.
Effective Date: February 21, 2023