Terms of Use

Terms of Use

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

  1. Usage. All access to, browsing, and/or other use of The Math Learning Center’s catalog located at catalog.mathlearningcenter.org (“the Website”), is subject to the terms and conditions set forth in these Terms of Use (“these Terms”). The Website is owned and operated by The Math Learning Center, an Oregon nonprofit corporation (referred to herein as “The Math Learning Center,” “we,” and “our”).
  2. Legal Agreement. By accessing, browsing, or using the Website, 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 Website, you also consent and agree to the information practices disclosed in our Privacy Statement, 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 Website), 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 Website.
  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 Website and post the revised Terms here. Unless a later date is indicated, any changes will be effective when we post the changes on our Websites. You can determine if these Terms have been revised since your last visit to the Website 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 Website.
  4. Jurisdiction. the Website 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 Website is unauthorized in any jurisdiction that does not give effect to all of these Terms. If you access the Website, 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 Website. We may limit the Website’ 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 Websites and MLC Content. 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 Website) from or services offered through the Website; to modify, suspend, or discontinue the Website (or any part thereof); and/or to deny access of any user to all or any part of the Website.
  6. Accuracy of MLC Content. We attempt to provide MLC Content on the Website 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 Website; the selection, arrangement, and presentation of all such MLC Content; the overall design, “look and feel,” color combinations, and other graphical elements of the Website, 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 Website 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 Website 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 Website and the MLC Content made available on the Website solely for personal or internal business purposes and to download and print limited copies of the MLC Content solely for personal or internal business purposes and/or to educate users or potential users about The Math Learning Center’s products or services. If a specific portion of the Website allows you to download and print a specific number of copies of the MLC Content, you must download and print only the specified number of copies. MLC publications made available on the Website for download may contain additional usage rights and restrictions. Any other copying, reproduction, use, distribution, republication, display, rental, sale, other transfer, modification, or translation of the Website and/or MLC Content (or creation of derivative works based on or derived from the Website and/or MLC Content) 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 Website and/or MLC Content, you agree to the following restrictions:

(a) you will not use the Website or any of the MLC Content or services made available on the Website 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 Website or any of the MLC Content 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 MLC Content and/or the Website;

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

(e) you will not use the Website or MLC Content 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 Website or MLC Content;

(f) you will not use any manual or automatic website search/retrieval computer hardware or application to retrieve or in any way gather MLC Content or other material on or comprising the Website, or reproduce or circumvent the structure or presentation of the Website without our prior written consent. General purpose Internet search engines can access the Website and use limited content from the Website 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 MLC Content solely in connection with their activities as an Internet search engine; and (iii) they access the Website 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 Website;

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

(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 Website or MLC Content;

(k) you will not collect any email addresses made available on the Website for purposes of promotions or marketing campaigns, and you will not otherwise transmit, disclose, collect, or store personal information about others;

(l) you will not solicit others through the Website to become members of any enterprise or organization without The Math Learning Center’s prior written permission;

(m) you will not use the Website or MLC Content in any manner that may adversely affects our resources or the availability of the Website to others, or in any way that disrupts the operation of the Website or the MLC Content or servers or networks that make the Website available; and

(n) you will not use the Website 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.

  1. Disclaimer of warranties and limitation of liability. You use the Website at your own risk. The Math Learning Center provides the Website and mlc content “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 Website and mlc content, 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 Website 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 Website will be secure and not intercepted by a third party; (c) Warranties as to the life of the Website, any url or third-party web service; (d) Warranties that any particular software or hardware will be compatible with the Website 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 Website, 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 Website 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 Website or mlc content made available through the Website.

    YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH the Website AND MLC CONTENT 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 Website 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.”
  2. Links to Third-Party Websites. the Website 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 Website 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. 
  3. Infringement Policy. We respect the intellectual property of others, and we ask our users to do the same. We have adopted this Copyright Infringement Complaints policy in accordance with the Digital Millennium Copyright Act of 1998, including the Online Copyright Infringement Liability Limitation Act (the “DMCA”). We will respond to clear notices of alleged copyright infringement that substantially comply with the requirements set forth here. We do not act as an arbiter or judge of disputes about intellectual property rights. It is our policy to remove content posted by users on our Websites (including our web forums), which content we believe in good faith is infringing a copyrighted work. By removing content, as a prudential matter, we do not endorse or validate a claim of infringement. If we remove user-generated content from the Website, we will make a good-faith attempt to contact the party responsible for posting the content so the owner may make a counter-notice as provided for below.

(a) Designated Agent. Our designated agent for handling infringement notices and counter-notices: The Math Learning Center, Attn: DMCA Agent, P.O. Box 12929, Salem, Oregon 97309-0929; legal@mathlearningcenter.org

(b) Infringement Notices. If you believe your work has been displayed or otherwise used on the Website in a manner that infringes your copyright, you must provide written notice to our Designated Agent via mail and/or e-mail. Please note that you may be liable for damages, including without limitation attorneys’ fees and costs, if you materially misrepresent that your work has been infringed by content on the Website. If you are unsure whether your work has been infringed, we recommend that you contact an attorney before sending notice to us. Use this format for your notice: (i) Identify your work that you believe has been infringed by content on the Website; (ii) identify all content that you claim infringes your work, describe how the content infringes your work, and describe where the content is located on the Website; (iii) provide your full name, mailing address, telephone number, and e-mail address, if any; (iv) include a statement that, under the penalty of perjury, you have a good-faith belief that use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law; (v) include a statement that the information in the notice is accurate, and, under penalty of perjury, that you are the copyright owner or that you are authorized to act on behalf of the owner of the right that is allegedly infringed; and (vi) sign the notice physically or electronically. You acknowledge and agree that we may provide some or all of the information in your notice (including your name and contact information) to the individual or entity who posted the allegedly-infringing content. In addition, it would help if you included a copy of the copyright Certificate of Registration for your work, if any, or other information that supports your claim that your work is protected by copyright and that you are the owner of that copyright or are authorized to act on behalf of the owner. If your notice contains the required information, and if we have a good-faith belief that the content is infringing your copyright, we will remove the content.

(c) Counter-Notices. The provider of affected content may make a counter notice by writing to our Designated Agent via mail and/or email. Please note that you may be liable for damages, including without limitation attorneys’ fees and costs, if you materially misrepresent that your content is not infringing the copyright of a third party. If you are unsure whether your content infringes the copyright of a third party, we recommend that you contact an attorney before sending notice to us. Use this format for your notice: (i) Identify the content that has been removed, including a description of where the content was located on the Website before it was removed; (ii) provide your full name, mailing address, telephone number, and email address, if any; (iii) include a statement that, under the penalty of perjury, you have a good-faith belief that the content was removed as a result of mistake or misidentification of the content to be removed; (iv) include a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or, if your address is outside the United States, in the Federal District Court of Oregon, and that you will accept service of process from the person who provided notice of the alleged infringement or an agent of such person; and (v) sign the notice physically or electronically. You acknowledge and agree that we may provide some or all of the information in your notice (including your name and contact information) to the individual or entity who complained of the alleged infringement.
After reviewing your counter notice, we may determine that the content is not infringing and may reinstate the content on the Website.

  1. Login Areas of the Website. Access to the catalog website is provided for your convenience in saving order information and making orders. Login credentials are for named users only and may not be shared or transferred. 
  2. Privacy. For information on how we use and protect the personal information and automatically collected information collected through your use of the Website, view our Privacy Statement. Your use of the Website constitutes your acknowledgment of and agreement to our Privacy Statement, and you acknowledge that you have read and understand our Privacy Statement.
  3. Security. While we try to maintain the security of the Website, we do not guarantee that the Website will be secure. Additionally, third parties may make unauthorized alterations to or breaches of the Website. If you become aware of any unauthorized third-party alterations to or use of the Website or any other breach of security, please contact us immediately. Additional information regarding the security of your information is included in our Privacy Statement.
  4. 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 Website 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 Website and/or any third-party claim that your use of the Website is unlawful or infringes, misappropriates, or otherwise violates any third party’s rights.
  5. Termination. Unless prohibited by law, you acknowledge and agree that The Math Learning Center, in its sole discretion, may terminate your Website access for any reason, in addition to all other rights and remedies The Math Learning Center may have at law and in equity. Regardless of the cause or basis for the termination, you agree that The Math Learning Center shall not be liable to you or any third party for termination of Website access, and, unless required by law, we will not be required to make information you have provided us through your use of the Website (if any) available to you upon such termination. You are not entitled to compensation or damages of any kind as a result of the termination. Accessing the Website after such termination will constitute an act of trespass, among other potential claims.
  6. Indemnification by you. unless and only to the extent prohibited by applicable 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 Website and/or MLC content, or use of the Website and/or MLC content otherwise than in accordance with the rights granted under these terms; and/or (iii) your violation of any third-party rights.
  7. Your Discontinued Use. You may discontinue use of the Website at any time. These Terms will continue to apply to all past use of the Website, even if you are no longer using them, whether voluntarily or because we terminated your access to the Website.
  8. Governing Law and Disputes. These Terms, and any dispute that may arise between you and The Math Learning Center regarding the Website 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 Website 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 Website; 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.
  9. 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.
  10. Feedback. By submitting ideas, suggestions, enhancement requests, and/or proposals (“Contributions”) to us through the Website or otherwise, you acknowledge and agree that: (i) Your Contributions do not contain the confidential or proprietary information of you or any third party; (ii) we are not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) we are entitled, but not obligated, to use or disclose (without notice or credit given to you) such Contributions for any purpose, in any manner, and in any media, now known or hereafter developed; (iv) we may have something similar to the Contributions already under consideration or development, and we will own all right, title, and interest in and to what we create or develop without use of your Contributions; (v) you hereby assign to The Math Learning Center all rights, titles, and interests in and to your Contributions (and all copyright, trademark, trade secret, and other intellectual property rights therein); and (vi) you are not entitled to compensation of any kind for your Contributions.
  11. 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 Statement 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 Website or information provided to or gathered by us with respect to such use. We reserve all rights not expressly granted in these Terms.
  12. Electronic Communications. When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. Unless otherwise set forth in these Terms, notices to you may be made via postings to the Website, by email, or by regular mail, in our discretion, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings, based upon or relating to these Terms and/or your use of the Website, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
  13. Filtering. Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying a current provider of such protections is available at: http://onguardonline.gov. We do not endorse any of the products or services listed at this site. Further, this notice shall not constitute an admission by us that our Websites or MLC Content is/are harmful to minors.
  14. California Consumer Rights Notice. Under California Civil Code Section 1789.3, Website users who are California residents are entitled to the following consumer rights notice: The provider of the Website, the MLC Content, and the associated services is The Math Learning Center, 1850 Oxford Street SE, Salem, Oregon 97302. As of the Effective Date of these Terms, no direct charges are imposed upon Website users solely for use of the Website. If you are a California resident, you may report complaints with the services provided through the Website to or request information regarding the services from the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. We request that you first report complaints directly to us and try to resolve them with us before contacting the Complaint Assistance Unit.
  15. Contact Information. If you have any questions about these Terms or about the MLC Content or services on the Website, please contact us.