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Terms and Conditions
Terms and Conditions

Updated March 31, 2021

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Written by Folks
Updated over a week ago

Updated March 31, 2021

Terms and Conditions

Scope of Terms. Below are the Terms of Use for the Citizen Math Platform available at www.citizenmath.com, including all the content therein. Reference to “Citizen Math” means the website and its services and products. Access to non-public areas of Citizen Math are provided in accordance with the following terms (“Terms”). By using Citizen Math, you electronically agree to be legally bound by the Terms, which govern your use of Citizen Math. If you don’t agree to them, that’s cool, but you’ll need to scoot along to other websites. Your failure to follow the Terms may result in suspension or termination of your access to Citizen Math.

1. Registering on Citizen Math. By creating an account on Citizen Math, you make the following promises:

1.1. You are who you say you are. Your email address is legit, meaning it’s a real email address and one that you check. You will use a name that does not attempt to impersonate anyone else, and one that is not inappropriate.

1.2. Your Citizen Math Account is just for you, and should not be shared. You will not share your login credentials with others, nor will you give anyone permission to use materials that you accessed while you had an active license. As former teachers, we at Citizen Math know that sharing resources is an important part of collaboration, and we have provided some guidance in the next section on how to share appropriately.

2. Using Citizen Math.

2.1. You should use Citizen Math lessons and materials for only as long as you have an active license that gives you access to those lessons. This means that if your paid subscription expires, you should delete any materials previously downloaded from Citizen Math that are not available on the free plan. If you delete your account entirely, you should delete all Citizen Math materials.

2.1.1.Free trial licenses and paid license are both active licenses. An expired license on www.CitizenMath.com is not an active license.

2.1.2.When content is available for free on Citizen Math, you may use that without an active license but with an active account.

2.2. You may use Citizen Math in your classroom for non-commercial purposes. You may not use, distribute, resell, sublicense, or assign your right to access or use Citizen Math content to any third party or as part of any commercial product or service without our explicit written permission. Any attempt to do so will be null and void and shall be considered a material breach of the Terms.

2.3. You may not attempt to reverse engineer any component of the Citizen Math website, including the content and concepts therein.

3. Sharing Citizen Math. As a group of former teachers, the folks at Citizen Math understand that collaboration is an important part of professional development. Below is some guidance on what is and is not acceptable sharing related to Citizen Math lessons:

3.1. Please do blog about what happened in your classroom when you taught a Citizen Math lesson! This isn’t just allowed, it’s encouraged! Tell it from the mountains, you all. We’ve got a mission to share.

3.2. Please do reference Citizen Math lessons and discuss your own experiences with them as the leader of professional development, as long as you are operating as a classroom teacher, school or district curriculum specialist or other non-commercial agent. If you are “selling” your professional development, then pay attention to the paid consultant guidelines below.

3.3. Please do link to Citizen Math lesson pages on your website or blog. When you do this, give us a heads up by emailing holler@citizenmath.com.

3.4. You should not post or share PDFs of downloadable materials – like student handouts, lesson guides, or old presentations -- from Citizen Math, EXCEPT YOU MAY share paper or digital copies of the Student Handout with students during the time you have an Active License for that lesson.

3.5. You should not copy or reprint text directly from the lesson.

3.6. Generally, do not make or attempt to make Citizen Math content accessible off of www.citizenmath.com without explicit written permission from us to do so.

4. Plan Eligibility. The following terms determine which plans you are eligible for:

4.1. Pay-what-you-can (PWYC) monthly license specific terms: By signing up for a monthly account, you promise that you are an individual paying for Citizen Math out-of-pocket without promised reimbursement from your school or district. Homeschoolers, tutors, university professors, and private and public school teachers are all eligible for the monthly account. Paid consultants, curriculum writers and publishers, freelance professional development providers are not eligible for the monthly pay-what-you-can subscription.

4.2. Maximum Monthly Rate Terms: If you are not eligible for the pay-what-you-can option, you may still elect to sign up for a monthly account with recurring payments; however, you must pay the maximum monthly rate that is available at the time of your registration. If you are ineligible for the pay-what-you-can monthly option and select anything other than the maximum amount selectable as a monthly option, Citizen Math may provide notice that your account subscription must be switched to the higher monthly rate or else canceled.

5. Group Specific Terms

5.1. Group Managers have the ability to see profile information – like name, email address – for users in their group(s). Group Managers can not view or change passwords for users in their group(s).

5.2. Group Managers can see all payment information related to their group(s), including payments submitted by other Group Managers. They can see the last four digits of the credit card on file with Stripe. They can update the credit card on file.

5.3. Group Managers may reassign licenses. When a Group Manager reassigns a license, the original license holder is removed from the group. Reassignment should be used to replace a user who should not be on the group license now or in the future. Reassignment should not be used to rotate or cycle through teachers. For example, you should not purchase and reassign a license to one teacher for short-term use with the intention of reassigning it back to the original user.

5.4. Unused licenses are not refundable and do not roll over to the following licensing period. If you purchase more licenses than are assigned or activated during your license period, you do not have a right to redeem those licenses in the future. However, if you email holler@citizenmath.com with your dilemma we’re happy to help you figure out how to get the most out of your subscription.

5.5. Group Managers’ email addresses are visible to all group members.

5.6. Users granted access via an API partner will be restricted from modifying account information in order to prevent login issues. You an email holler@citizenmath.com and the administrator of the platform which uses the Citizen Math API to request changes to your account. If you need to cancel or modify a personal subscription, you can still do so from your Subscription page or by emailing holler@citizenmath.com. Personal subscriptions are not automatically modified when API access is granted to an email address.

6. Annual Terms

6.1. Annual accounts are paid upfront and subscriptions automatically renew each year. You may cancel the subscription at any time and continue to access your account through the end of the current Period. “Period” means amount of time that you’ve already paid for on your subscription.

6.2. Once you have submitted payment for an annual account, you may not pause access. The license expiration date will be one year from the payment submission date. Partial refunds for annual accounts will not be issued.

6.3. If you downgrade your subscription (to any plan that costs less), then that downgrade will take place at the end of the current period.

6.4. If you upgrade to any plan that costs more than your current plan, the upgrade will take place immediately; you will charged a prorated amount for the difference in your original plan and new plan through the end of your current billing period and will be charged for the new plan in full at the date of renewal. You will see a preview of these charges before confirming.

7. Monthly License Terms

7.1. You must use a valid, personal credit card to register for a Pay-What-You-Can (PWYC) or Maximum Monthly Subscription; a Monthly Subscription authorizes an automatic payment on a certain Bill Date each month; that monthly payment purchases a License that is valid for one month and is extended for one additional month following a valid payment.

7.2. The credit card used will be processed through the secure payment gateway Stripe (www.stripe.com) or PayPal (www.paypal.com). By entering credit card information on The Citizen Math Platform, you agree to the Terms of Service of both payment gateways. You can find a copy of PayPal’s Terms of Service here: https://www.paypal.com/us/webapps/mpp/ua/useragreement-full and a copy of Stripe’s Terms of Service here: https://stripe.com/us/terms.

7.2.1.All accounts created after February 01, 2014 will be billed through Stripe. In this case, your card information will be stored as a token, and the complete card number will not be viewable by Citizen Math.

7.2.2.Accounts created before February 01, 2014 will be processed through PayPal until credit card information is updated. If you update credit card information on the Citizen Math platform after February 01, 2014, you will be billed through Stripe.

7.3. Your credit card will be automatically billed each month on a date posted under “My Subscription.”

7.4. You may cancel your subscription at anytime. When you cancel, your License will remain active through the end of the current billing cycle. You will know that you have successfully canceled your Citizen Math subscription when you receive an email confirmation from Citizen Math, and this serves as your proof of cancelation. If you do not receive an email, you have not canceled your account.

7.5. If you elect to cancel a Pay-What-You-Can Monthly or Maximum Monthly subscription, your License will remain active through your current billing cycle. For example, if your account bills on February 02 and you cancel on February 06, your License will remain active through March 02.

8. Special Conditions for Consultants and Commercial Agents Signing up for Citizen Math. We’re excited that you’ve found Citizen Math and want to incorporate it into your work. That’s great. Follow these guidelines on how you should and should not use Citizen Math outside of the classroom:

8.1. You may sign up for an annual account or for a monthly account billed at the maximum rate available at the time of your registration. You may not sign up for a pay-what-you-can monthly account for a rate lower than the maximum monthly rate available at the time of your registration.

8.2. Want to use Citizen Math as part of a professional development workshop? That’s great! Just be sure that you make clear that the content you’re presenting is the work of Citizen Math. You should not attempt to conceal or misrepresent authorship.

8.3. As a general rule, if you’re getting paid to do something related to Citizen Math, you should ask for permission. You may not sell, distribute, license, or generally profit from any Citizen Math-authored content or content that you derive from Citizen Math-authored content without explicit permission from Citizen Math. For example, you may not accept payment to do a workshop about Citizen Math lessons without our permission to do so. That said, we’re usually jazzed to hear that people are teaching Citizen Math lessons, so go ahead and ask! If we think you’ll be able to positively represent Citizen Math lessons, then we’ll not only give you permission, we might also give you a code that allows participants in your workshop to temporarily access Citizen Math lessons without entering credit card information.

9. Billing and payment

9.1. You promise that you have permission to use any credit card that you use on the site.

9.2. When Purchase Orders (POs) are submitted for payment, invoicing and confirmation of payment happen off of the Citizen Math Platform. By paying via purchase order, you promise to help Citizen Math collect on any outstanding invoices related to that purchase order.

10. Privacy

11. Community Forum. The Community Forum is a place to share reflections, feedback, suggestions, and advice related to that lesson.

11.1. You should be nice and constructive. Citizen Math has sole discretion over what is appropriate and may delete any comments. If you say mean, rude, or inappropriate things in the Community Forum your access to the Community Forum may be revoked, and your account may be canceled. Citizen Math retains total discretion on this matter. You are not entitled to any refund if this happens. You can think of it as a fine for being mean.

11.2. Oh the other hand, if you say brilliant, awesome, helpful things, we’ll want to draw attention to them! We may use your reflections for marketing materials, trainings, or other purposes. By posting your comments to Citizen Math, you give Citizen Math permission to use what you have posted for free in perpetuity. (That means forever and ever and ever in lawyer-speak.)

11.3. You cannot delete or edit Comments after they are submitted. If you accidentally type your social security number in a comment field, you can email oopsididitagain@Citizen Math.com to request that it be removed. You agree to tolerate a modest amount of mocking for failure to properly work the Internet.

12. Changes, including to lessons

12.1. Citizen Math may change the platform and/or the content at anytime.

12.2. Citizen Math may remove or change the terms of Licenses at any time.

12.3. Individual lessons may be updated, replaced, or removed from any plan. Citizen Math will provide notice on the lesson page via a pop-up message that the lesson will be replaced when those changes are expected to meaningfully change the teaching experience. Small improvements may be released without notice.

12.4. The lessons on the freemium plan are subject to regular rotation. There will always be one lesson per course (Grade 6, Grade 7, Grade 8, Algebra 1, Algebra 2) but the specific lessons may change without announcement. Your freemium account does not guarantee access to any specific lesson. We aim to make these updates in ways that are not disruptive to teachers if and when we think a different lesson be more relevant based on typical curriculum schedules, current events, and for other discretionary reasons.

13. Copyright Infringement. Citizen Math respects the intellectual property rights of others. If you believe you see an infringement of copyright on the site, please send an official claim to the following address:

ATTN: LEGAL
Mathalicious
801 Barton Springs Road
Austin, Texas 78704

14. Feedback. If you choose to provide technical, business or other feedback to Citizen Math concerning the website or the content within it, Citizen Math will be free to use, disclose, reproduce, license, or otherwise distribute or exploit such Feedback in its sole discretion without any obligations or restrictions of any kind, including intellectual property rights or licensing obligations. You understand and agree that the incorporation by Citizen Math of Feedback into any of its products or services does not grant you any proprietary rights therein.

15. Termination and Suspension. Without limiting other remedies, Citizen Math may terminate or suspend your Citizen Math account or suspend your access to all or part of the Citizen Math website without notice if Citizen Math determines, in its sole and absolute discretion, that you have violated these Terms or have engaged in any conduct that Citizen Math believes is in violation of any applicable law or regulation or is otherwise harmful to the interests of Citizen Math, any other Citizen Math user, or any third party. You may discontinue your participation in and access to Citizen Math at any time.

16. Modifications to Terms. Citizen Math may, in its sole and absolute discretion, change these Terms from time to time. If you log in to Citizen Math after a change to these Terms of Use, we will advise you of the change. If you object to any such changes, your sole recourse will be to cease using Citizen Math. Continued use of Citizen Math following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

17. Password and Security. You are responsible for maintaining the confidentiality of your Citizen Math password, and you are solely responsible for all activities that occur under your password. You agree to immediately notify Citizen Math of any unauthorized use of your password or any other breach of security related to Citizen Math. Citizen Math reserves the right to require you to alter your password if Citizen Math believes that your password is no longer secure. You agree that you will be solely responsible for any loss or damage you suffer as a result of your failure to adequately safeguard your password.

18. Third Party Services; Integration and Links. Citizen Math may integrate with or provide links to certain third party Internet sites and services (for example, Desmos, GeoGebra, Mighty Network and Twitter) (collectively, such third parties, "Partners"). The Partner services made available through the Citizen Math or the integration of such sites and services with Citizen Math are for your convenience only and do not signify the endorsement by Citizen Math of such Partner sites or services. YOU AGREE THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, Citizen Math WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY ACTS OR OMISSIONS BY PARTNERS, ANY PARTNER SERVICES OR SITES, OR ANY INFORMATION OR OTHER MATERIALS FOUND AT ANY OTHER WEBSITE OR INTERNET RESOURCE.

19. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

19.1. YOU EXPRESSLY AGREE THAT USE OF THE CITIZEN MATH PLATFORM IS AT YOUR SOLE RISK. THE CITIZEN MATH PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CITIZEN MATH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE CITIZEN MATH PLATFORM AND ALL PARTNER SERVICES (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). YOU UNDERSTAND AND AGREE THAT ANY DATA, SERVICES AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE CITIZEN MATH PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CITIZEN MATH OR THROUGH THE CITIZEN MATH PLATFORM WILL CREATE ANY WARRANTY FROM CITIZEN MATH NOT EXPRESSLY MADE HEREIN.

19.2. UNDER NO CIRCUMSTANCES WILL CITIZEN MATH OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF MONEY, REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT'S) USE OF THE CITIZEN MATH PLATFORM.

19.3. IF, NOTWITHSTANDING THESE TERMS OF USE, CITIZEN MATH IS FOUND TO BE LIABLE, LIABILITY OF CITIZEN MATH AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, OR LICENSORS TO YOU OR TO ANY THIRD PARTY IS LIMITED TO ONE HUNDRED U.S. DOLLARS ($100).

20. Disclaimer of Warranties. Exclusions and Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that CITIZEN MATH may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of CITIZEN MATH’S liability will be the minimum permitted under such applicable law.

21. Indemnification. You agree to indemnify, defend, and hold harmless CITIZEN MATH and its officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation of these Terms. CITIZEN MATH reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with CITIZEN MATH’S defense of such claim.

22. Trademarks. "CITIZEN MATH" and the CITIZEN MATH logo, and certain other of the names, logos, and materials displayed in the CITIZEN MATH PLATFORM, may constitute trademarks, trade names, or service marks ("Marks") of CITIZEN MATH or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with CITIZEN MATH or those other entities.

23. Copyrights; Restrictions on Use. The content on the CITIZEN MATH PLATFORM (the "Content"), including without limitation, the graphs, text and graphics, is protected under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by CITIZEN MATH or its licensors. The Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of CITIZEN MATH and its applicable licensors; and (b) you must abide by all copyright notices, information, or restrictions contained in or attached to any Content.

24. Governing Law. These Terms of Use and the relationship between you and Citizen Math shall be governed by the laws of the State of Texas as if you signed these Terms of Use in Texas. The provisions of these Terms of Use that conflict with or are inconsistent with applicable governing law will be superseded and/or modified by such applicable law only to the extent such provisions are inconsistent. The parties agree to submit to the federal or state courts in and for Texas for exclusive jurisdiction of any dispute arising out of or related to your use of the Site or your breach of these Terms of Use.

25. Execution of Agreement. Your continued use of Citizen Math constitutes your acceptance of these Terms as a legal contract and the equivalent of an electronic signature. Natural persons executing this contract warrant and represent that they are at least eighteen (18) years of age. Users and the person executing this Agreement on behalf of any user that is a proprietorship, corporation, partnership or other entity, represent that such Person is duly authorized by all necessary and appropriate corporate or other action to execute this contract on behalf of the user.

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