Thank you for visiting this website (the “Site”). MathUP, MathUP School, MathUP Classroom, and the Site are owned by Rubicon Publishing Inc. (“RUBICON”). PLEASE CAREFULLY REVIEW THE TERMS OF USE OF THE SITE AND THE PRIVACY POLICY. By accessing the Site, you agree to these terms. We may periodically change the terms at our sole discretion and without notice, so please check these terms from time to time, since your continued use of the Site signifies your acceptance of any changed terms. These terms incorporate and include our Privacy Policy and any other guidelines or disclaimers that may be posted on the Site. Headings used in the Terms of Use are for convenience only and have no legal or contractual effect.
USE OF THE SITE
This site is owned and operated by RUBICON, and unless otherwise indicated, the contents and the collection, arrangement, and assembly of the contents of the Site are the property of RUBICON and are protected, without limitation, pursuant to Canadian, U.S., and foreign copyright, trademark, and other laws. You acknowledge that your use of the Site and of any information contained on the Site is for lawful informational use only. You agree that you will not distribute, publish, transmit, modify, display, or create derivative works from, or exploit the contents of, the Site in any way without our express consent. You acknowledge that the unauthorized use of the contents of the Site could cause irreparable harm to the RUBICON brand(s) and that in the event of an unauthorized use, RUBICON and its directors, officers, employees, agents, franchisees, and affiliates, as the case may be, shall be entitled to an injunction in addition to any other remedies available at law or in equity. You agree to cooperate fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you.
PRIVACY
By your use of the Site, you consent to the collection, storage, use, and dissemination of your personal information in accordance with our Privacy Policy.
LICENSE USAGE
A license grants access to the purchased Site, as well as permission to use its copyrighted resources. Each user must have a license in order to obtain the necessary permission. Purchasers of Site licenses may not resell, distribute, or otherwise share licenses except with such parties for which the license is purchased. Licenses must be maintained for continued permission to use the Site, as well as downloaded, copyrighted materials.
In order to access the Site or use its downloaded resources, you need to create a user account by providing an email address and password as part of the registration (the “User Account”). You agree to provide us with accurate, complete, unique, and updated contact information for each user using downloaded resources or accessing the Site. Failure to do so will constitute a breach of this Agreement, which may result in immediate termination of your rights to use the resources or access the account. You may not (a) use or create a User Account with the intent to impersonate another person, (b) use a name that is subject to the rights of any other person without written authorization from that individual, or (c) use a name or email address that we, at our sole discretion, deem inappropriate or offensive. You are responsible for maintaining the confidentiality of your User Account, and you will be responsible for all uses of your User Account, whether authorized by you or not.
You also agree that User Accounts may not be shared with anyone except with such parties for which the license is purchased. They may only be used by the administrator or educator to whom they are assigned. Users remain at all times solely and fully responsible for the proper use of User Accounts. Users also agree to supervise, and take full responsibility for, the use of the Site by minors under the age of 13 years.
Users are entirely liable for all activities conducted through the User Account and are responsible for ensuring that any other assigned user who uses the account is aware of, and complies with, the terms of this Agreement. Each person who uses the account agrees to be bound by the terms of this Agreement.
You are responsible for notifying us immediately of any known or suspected unauthorized use(s) of your account or breach of security, including loss, theft, or unauthorized disclosure of your User Account. You must also promptly change your User Account to prevent unauthorized access to your account. We will have no liability for any circumstances arising from the unauthorized use of a User Account. Any fraudulent, abusive, or otherwise illegal activity on your account may be reported to appropriate law-enforcement agencies by us.
GENERAL RULES
Users may not use the Site in order to transmit, distribute, store, or destroy material (a) in violation of any applicable law or regulation; (b) in a manner that will infringe upon the copyright, trademark, trade secret, or other intellectual property rights of others or violate the privacy, publicity, or other personal rights of others; or (c) in a manner that is defamatory, obscene, threatening, abusive, or hateful. Users may use the Site only for lawful purposes.
You must take precautions to ensure that the process employed for accessing the Site does not expose you to the risk of viruses, malicious computer code, or other forms of interference that may damage your own computer system. RUBICON shall not be responsible for any damage to your own computer system or data that arises in connection with your access to the Site.
You must not use the Site or its contents for commercial purposes without first obtaining RUBICON’s express written consent.
WEBSITE SECURITY RULES
Users are prohibited from violating or attempting to violate the security of the Site, including without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host, or network, including without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbooming,” or “crashing”; (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of any system or network security may result in civil or criminal liability. RUBICON will investigate occurrences that may involve such violations and may involve and co-operate with law enforcement authorities in prosecuting users who are involved in such violations.
THIRD-PARTY LINKS
The Site may include links to other websites or Internet resources. RUBICON has no control over such websites and resources, and you acknowledge and agree that RUBICON is not responsible for the availability of such external websites or resources and does not endorse and is not responsible or liable for any content, accuracy, quality, advertising, products, or other materials on, or available from, such websites or resources. You further acknowledge and agree that RUBICON 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 the use of, or reliance on, any such content, goods, or services available on or through any such website or resource.
MODIFICATIONS TO SITE
RUBICON reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that RUBICON shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.
RUBICON may change, add, or remove any part of this Agreement or any other terms associated with the use of the Site at any time by posting a notice of such changes to the Terms of Use page of the Site. Any changes shall become part of the Agreement and shall apply as soon as such a notice is posted. By continuing to use the services after the notice is posted, you are indicating your acceptance of those changes.
FEEDBACK AND SUBMISSIONS
If you submit any materials, including but not limited to, comments, suggestions, questions, feedback, criticism, or any other materials to, or for use on, the Site, you thereby grant RUBICON and its franchisees and affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. Unless you explicitly state that such submitted material is “confidential,” “proprietary,” or “not for publication,” such materials shall be deemed to be non-confidential and free of any claims of proprietary or personal rights. You further thereby grant RUBICON and its affiliates and sub-licensees the right to use the name that you submit in connection with such content. By submitting material, you represent and warrant that you own or otherwise control all of the rights to the content that you post, that the content is accurate, that use of the content you supply does not violate the Site’s Privacy Policy and will not cause injury to any person or entity, and that you will indemnify RUBICON and its directors, officers, employees, franchisees, and affiliates for any losses incurred in relation to any claims resulting from content you supply. We have the right, but not the obligation, to monitor and edit or remove any activity or content from the Site. We take no responsibility and assume no liability for any content posted by you or any other third party on the Site. Furthermore, RUBICON is free, but not obligated, to use any ideas, concepts, know-how, or techniques contained in any submitted materials for any purpose whatsoever, including but not limited to, developing, manufacturing, and marketing products using such information, without compensation or any other obligations to anyone, including you.
TERMINATION OF USE
If you breach any provision of this agreement, you may no longer use the Site. We may, at any time and for any reason, suspend, modify, limit, or restrict your access, temporarily or permanently, to the Site, without notice. Despite any termination of this agreement, we may continue to use your personal information in accordance with our Privacy Policy, as outlined on the Site.
OWNERSHIP OF THE SITE, COPYRIGHT, AND TRADEMARK
© 2018 Rubicon Publishing Inc. All rights reserved. Unless otherwise noted, all materials on the Site are protected as the copyrights, trade dress, trademarks, and (or alternatively) other intellectual properties owned by Rubicon Publishing Inc., its subsidiaries, its affiliates, and others, and are protected by Canadian, American, and international copyright, trademark, and other laws. Your use of the Site does not transfer to you any ownership or other rights in the Site or its content. You must not copy, modify, reproduce, republish, download, upload to a third party, post, transmit, or distribute content from the Site in any way except as expressly provided for in these Terms of Use or with the express written consent of RUBICON.
DISCLAIMER
RUBICON MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE “AS IS” AND “AS AVAILABLE.” RUBICON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE AND ANY WEBSITE WITH WHICH IT IS LINKED. RUBICON DOES NOT WARRANT THE FUNCTIONS, INFORMATION, OR LINKS CONTAINED ON THE SITE OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS; THAT THE SITE OR ITS CONTENTS ARE FIT FOR ANY PARTICULAR PURPOSE; THAT THE OPERATION OF THE SITE OR ITS CONTENTS WILL BE UNINTERRUPTED, CURRENT, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS, OR OTHER HARMFUL COMPONENTS. RUBICON DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT RUBICON) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, SHALL RUBICON BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE, EVEN IF RUBICON OR A RUBICON-AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL RUBICON’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR NOT [INCLUDING BUT NOT LIMITED TO, NEGLIGENCE] OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.
INDEMNITY OF USER
You agree to defend, indemnify, and hold harmless RUBICON, its officers, directors, employees, agents, franchisees, and affiliates from and against any liability and costs, claims, actions, or demands, including without limitation, reasonable legal and accounting fees, alleging or resulting from your breach of these terms, your unauthorized use of material on the Site, or your use of the Site. RUBICON shall provide notice to you promptly of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
JURISDICTION
This agreement is governed by the laws of Ontario and the laws of Canada applicable in Ontario. Any dispute arising from these terms shall be heard exclusively by the courts of the Province of Ontario.
SEVERABILITY
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
ENTIRE AGREEMENT
This agreement, as modified from time to time, constitutes the entire agreement between you and us with respect to your use of the Site and supersedes any and all prior agreements with respect to your use of the Site.
NO CONSENT OR WAIVER OF DEFAULT
No consent or waiver by either party to or of any breach or default by the other party of its performance of its obligations under this agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties. The failure of RUBICON to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
SUCCESSORS AND ASSIGNS
The provisions of this agreement will enure to the benefit of and be binding upon each of RUBICON and its affiliates, successors, and assigns, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. We may assign this agreement and its rights and obligations under this Agreement without your consent.
– Revised October 2018
