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Terms and Conditions

Contents:

    Woot Math Website Terms and Conditions
    Woot Math Application Terms and Conditions
    Woot Math Submission Terms and Conditions
    Woot Math Teacher Account Terms and Conditions

Collectively, the “Terms and Conditions.”

We welcome your comments or questions about these Terms and Conditions. If you have any questions or concerns about our policies, please contact us in writing by email, postal mail, or our online contact form. If any of the Terms and Conditions seem problematic for your intended use of Woot Math in an educational setting, please contact us and we will gladly work with you in an attempt to resolve your concerns with revised terms. Our policies are intended to protect the services we provide, protect the information stored on our servers (including personal information of our users), protect our intellectual property rights, ensure compliance with applicable laws and regulations, limit misuse of our services, and limit our liabilities.

If you are looking in particular for information about our policies on student data, please also see our Student Data Policy.

Ammended or additional terms may apply if you use Woot Math in certain states:
    California

Woot Math Website Terms and Conditions

This website (the Site) is fully controlled and operated by Woot Math, Inc. (variously referred to above and below as "Woot Math," "we," "us," and "our"). By accessing and using this Site, you agree to be legally bound by these Terms and Conditions (the Agreement). If you do not agree to these terms, you must not use the Site. We reserve the right, at our sole discretion, to change, modify, add to, or otherwise alter these Terms and Conditions at any time. If we make any material changes to our Terms and Conditions, we will place a prominent notice on our website or application. If the change materially affects registered users, we will send a notices by email or any other means we have to personally contact those users. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised Terms and Conditions and the Woot Math Privacy Policy, incorporated herein by reference.

All Site software, designs, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the "Materials") are the property of Woot Math and/or its subsidiaries, affiliates, assigns, licensors or other respective owners, and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws.

Users are not permitted or authorized to copy, reproduce, republish, upload, post, transmit, or distribute Materials (or any portion thereof) in any way or by any means, except that you may download and make appropriately limited copies of appropriately limited portions of the Materials only for (i) your personal, noncommercial use (ii) for use in your work as a professional educator (iii) for uses allowed under our User Generated Content Policy for Teacher Accounts (iv) in a published review or periodical article about Woot Math, or (v) in a textbook or other educational materials, provided you include "Copyright Woot Math; Used With Permission" on every object containing copyrightable elements and you keep intact other proprietary notices. Modification of Materials or use of Materials for any other purpose is a violation of Woot Math's copyright and other proprietary rights. For purposes of these Terms and Conditions, use of any Materials in any unauthorized manner (including, without limitation, on webpages or sites that contain paid or free advertisements, third-party endorsements of any kind or nature (including without limitation, endorsements of a religious, political, or social orientation nature), promotions, products, services, or other inappropriate content) is strictly prohibited. Woot Math hereby grants you a personal, non-exclusive, non-assignable, revocable, non-transferable license to use and display, for noncommercial and personal use only, appropriately limited copies of appropriately limited portions of the Materials that are downloadable from this Site, provided that the notice "Copyright Woot Math; Used With Permission" accompanies all copyrightable Materials. You agree not to reproduce, modify, or create derivative works from, display, perform, publish, distribute, disseminate, broadcast, sell, decompile, reverse engineer, disassemble, or circulate any Materials to any third party (including, without limitation, display and distribute the Materials via a third party website) without Woot Math's express prior written consent. Unauthorized or prohibited exploitation of Materials may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

To the extent that portions of this Site provide users an opportunity to post and/or exchange information, ideas, and opinions ("Postings"), please be advised that Postings do not necessarily reflect the views of Woot Math. Although we periodically monitor posted information, in no event does Woot Math assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on or in conjunction with this Site or elsewhere. Thus, users remain solely responsible for the content of their messages and postings. Nonetheless, Woot Math will make reasonable efforts to ensure that the Postings serve the best interests of all users and, therefore, Woot Math reserves the right to edit, delete, or refuse to publish any Posting that violates these Terms and Conditions, as well as revoke the privileges of any user who does not comply with these Terms and Conditions.

You agree to use only standard web browsers, such as Apple’s Safari, Google’s Chrome, Microsoft's Internet Explorer, or Mozilla's Firefox, together with Adobe's Flash Player to upload or download any Materials to or from the Site. You agree not to use any automated tools to upload or download any data from the Site. You agree to use only Adobe's Flash Player, and only the non-debug version of that Player, to access any of the Materials that are published on the Site in the form of files with extensions of "SWF" or "SWC." You further understand and agree that any such unauthorized access to or use of the Site and the Materials will serve as conclusive evidence of an attempt on your part to reverse engineer the Materials and/or to encroach upon Woot Math's various intellectual property rights, and, as such, subject you to civil liability and/or criminal prosecutions under applicable federal and state laws.

The Site and all materials contained on it are distributed and transmitted on an "as is" and "as available" basis, without warranties of any kind, either express or implied. To the fullest extent permissible under applicable law, Woot Math disclaims all warranties, express or implied, including, without limitation, warranties of merchantability or fitness for a particular purpose. Woot Math does not warrant that the functions contained in the Site or Materials will be uninterrupted or error-free, that defects will be corrected, or that this Site or the servers that makes it available are free of viruses or other harmful components. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

To the fullest extent permissible pursuant to applicable law, Woot Math, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site will not be liable for damages of any kind including, without limitation, compensatory, consequential, incidental, indirect, special or similar damages, that may result from the use of, or the inability to use, the materials contained on this Site, whether the material is provided or otherwise supplied by Woot Math or any third party.

Notwithstanding the foregoing, in no event shall Woot Math have any liability to you for any claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceeding the amount paid by you, if any, for accessing the Site, unless otherwise agreed to in writing by Woot Math.

The appearance of external hyperlinks or other materials generated by third parties (including, in particular, in Postings as defined above) does not constitute an endorsement by Woot Math, its subsidiaries and affiliates, of the opinions or views expressed by these third-party materials or linked websites. Woot Math explicitly disclaims any responsibility for the accuracy, content, availability, currency, completeness or quality of the content contained in these materials and sites. Neither Woot Math nor its subsidiaries and affiliates are responsible for any errors or omissions or for the results obtained from the use of such content.

Woot Math is intended for use in school activities and therefore has adopted strict policies with respect to external hyperlinks and third-party materials:

  • None of the web-based application pages that are intended for student usage include any hyperlinks to third-party sites.
  • However, the portions of the Site that are intended for use by teachers and parents may include hyperlinks to third-party sites.
  • Woot Math does not accept, allow, or display third-party advertisiements on its website or in any software application that it distributes.

That said, Woot Math encourages discretion when browsing the Internet using anyone's service. Because some sites employ automated search results or otherwise link to sites containing information that may be deemed illegal, inappropriate or offensive, Woot Math cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites. You acknowledge that there are various software and other devices available that can limit computer access to sites or content that may be deemed inappropriate or offensive and that you have acquainted yourself with such devices and have availed yourself of their use to the extent that you have any concerns about such content. Thus, under no circumstances will Woot Math be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party-hyperlinked sites.

Woot Math, for any reason and at its sole discretion, may decide that any person shall be denied access to any part of the Site. By agreeing to these Terms and Conditions, you agree to cease and desist immediately from any attempt to access the Site upon issuance of a denial. If you do not cease and desist, you hereby consent to an injunction to be entered against you by a court of competent jurisdiction, as provided herein, permanently enjoining you from attempting to access the Site.

To the extent permitted by law, you agree to indemnify, defend and hold harmless Woot Math, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions by you. Woot Math reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Woot Math in asserting any available defenses.

Woot Math operates and controls the Site from its offices in Boulder, Colorado, in the United States of America. Woot Math makes no representation that the Site is appropriate or available in other locations. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this Site is subject to United States export controls. Thus, no software from this Site may be downloaded, exported or re-exported (a) into (or to a national or resident of) Burma, Cuba, Iran, North Korea, Sudan, Syria, or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

These Terms and Conditions contain the entire understanding of the parties hereto relating to the subject matter hereof. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from Woot Math if, in its sole discretion, you fail to comply with any term or provision of these Terms and Conditions. Upon such termination, you must destroy all Materials obtained from this Site (or any other website or source), and all copies thereof, whether or not made under the terms of this Agreement.

The terms and conditions of this Agreement shall inure to the benefit of and be binding upon the respective successors and assigns of Woot Math. Woot Math may assign this Agreement at its sole discretion at any time, without your consent. In the event that Woot Math assigns this Agreement, Woot Math will email all registered Woot Math users for whom it has email addresses a notification that this Agreement has been assigned. You may not assign any of your rights under this agreement without the express written consent of Woot Math. Any attempted assignment, delegation, or transfer in violation of the foregoing will be null and void.

If any provision of this Agreement is deemed unenforceable by law, then such provision will be deemed stricken from this Agreement, unless it can be modified by a court so as to render it enforceable consistent with the intent of the Agreement. If any provision is deemed stricken from this Agreement, the remaining provisions will continue in full force and effect.

If any other document or agreement be found to be in conflict with any part of this "Terms and Conditions" Agreement, this Agreement shall prevail.

The Terms and Conditions and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of Colorado applicable to contracts executed and performed entirely therein (without regard to any principles of conflicts of laws). You hereby agree that any action at law or in equity arising out of or relating to these Terms and Conditions or the site shall be filed only in the state or federal courts located in the County of Boulder, in the State of Colorado, in the United States of America. Further, you hereby expressly consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You hereby agree to only resolve disputes with us on an individual basis, and not as a plaintiff or a class member in a class, consolidated, or representative action. (Why? Because class actions are often attorney-driven rather than plaintiff-driven and can be expensive even when frivolous, forcing companies to settle meritless actions.)

Woot Math Application Terms and Conditions top ⤴

The Woot Math Application or App for portable devices (e.g., IPad or Android tablets) (the “App”) is fully controlled and owned by Woot Math, Inc. (variously referred to above and below as "Woot Math," "we," "us," and "our"). By accessing and using this App, you agree to be legally bound by these Terms and Conditions (the Agreement). If you do not agree to these terms, you must not use the App. We reserve the right, at our sole discretion, to change, modify, add to, or otherwise alter these Terms and Conditions at any time. If we make any material changes to our Terms and Conditions, we will place a prominent notice on our website or application. If the change materially affects registered users, we will send a notices by email or any other means we have to personally contact those users. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised Terms and Conditions and the Woot Math Privacy Policy, incorporated herein by reference.

All App software, designs, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the "Materials") are the property of Woot Math and/or its subsidiaries, affiliates, assigns, licensors or other respective owners, and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws.

Users are not permitted or authorized to copy, reproduce, republish, upload, post, transmit, or distribute Materials (or any portion thereof) in any way or by any means, except that you may download and make appropriately limited copies of appropriately limited portions of the Materials only for (i) your personal, noncommercial use (ii) for use in your work as a professional educator (iii) in a published review or periodical article about Woot Math, or (iv) in a textbook or other educational materials, provided you include "Copyright Woot Math; Used With Permission" on every object containing copyrightable elements and you keep intact other proprietary notices. Modification of Materials or use of Materials for any other purpose is a violation of Woot Math's copyright and other proprietary rights. For purposes of these Terms and Conditions, use of any Materials in any unauthorized manner (including, without limitation, on webpages or sites that contain paid or free advertisements, third-party endorsements of any kind or nature (including without limitation, endorsements of a religious, political, or social orientation nature), promotions, products, services, or other inappropriate content) is strictly prohibited. Woot Math hereby grants you a personal, non-exclusive, non-assignable, revocable, non-transferable license to use and display, for noncommercial and personal use only, appropriately limited copies of appropriately limited portions of the Materials that are downloadable from this App, provided that the notice "Copyright Woot Math; Used With Permission" accompanies all copyrightable Materials. You agree not to reproduce, modify, or create derivative works from, display, perform, publish, distribute, disseminate, broadcast, sell, decompile, reverse engineer, disassemble, or circulate any Materials to any third party (including, without limitation, display and distribute the Materials via a third party website) without Woot Math's express prior written consent. Unauthorized or prohibited exploitation of Materials may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

To the extent that portions of this App provide users an opportunity to post and/or exchange information, ideas, and opinions ("Postings"), please be advised that Postings do not necessarily reflect the views of Woot Math. Although we periodically monitor posted information, in no event does Woot Math assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on or in conjunction with this App, the Woot Math web site, or elsewhere. Thus, users remain solely responsible for the content of their messages and postings. Nonetheless, Woot Math will make reasonable efforts to ensure that the Postings serve the best interests of all users and, therefore, Woot Math reserves the right to edit, delete, or refuse to publish any Posting that violates these Terms and Conditions, as well as revoke the privileges of any user who does not comply with these Terms and Conditions.

You agree not to use any automated tools to upload or download any data from the Woot Math web site or services. You agree not to decompile or otherwise examine the byte code for the App or the Materials. You further understand and agree that any such unauthorized access to or use of the App and the Materials will serve as conclusive evidence of an attempt on your part to reverse engineer the Materials and/or to encroach upon Woot Math's various intellectual property rights, and, as such, subject you to civil liability and/or criminal prosecutions under applicable federal and state laws.

The App and all materials contained on it are distributed and transmitted on an "as is" and "as available" basis, without warranties of any kind, either express or implied. To the fullest extent permissible under applicable law, Woot Math disclaims all warranties, express or implied, including, without limitation, warranties of merchantability or fitness for a particular purpose. Woot Math does not warrant that the functions contained in the App or Materials will be uninterrupted or error-free, that defects will be corrected, or that this App or the servers that makes it available are free of viruses or other harmful components. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

To the fullest extent permissible pursuant to applicable law, Woot Math, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the App will not be liable for damages of any kind including, without limitation, compensatory, consequential, incidental, indirect, special or similar damages, that may result from the use of, or the inability to use, the materials contained on this App, whether the material is provided or otherwise supplied by Woot Math or any third party.

Notwithstanding the foregoing, in no event shall Woot Math have any liability to you for any claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceeding the amount paid by you, if any, for accessing the App, unless otherwise agreed to in writing by Woot Math.

The App may interface to or open browser views to the Woot Math website, and the Woot Math Website Terms and Conditions are incorporated herein by reference.

Woot Math, for any reason and at its sole discretion, may decide that any person shall be denied access to any part of the App. By agreeing to these Terms and Conditions, you agree to cease and desist immediately from any attempt to access the App upon issuance of a denial. If you do not cease and desist, you hereby consent to an injunction to be entered against you by a court of competent jurisdiction, as provided herein, permanently enjoining you from attempting to access the App.

To the extent permitted by law, you agree to indemnify, defend and hold harmless Woot Math, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the App from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions by you. Woot Math reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Woot Math in asserting any available defenses.

Woot Math operates and controls the App from its offices in Boulder, Colorado, in the United States of America. Woot Math makes no representation that the App is appropriate or available in other locations. Accordingly, those persons who choose to access the App from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this App is subject to United States export controls. Thus, this App and the Materials may not be downloaded, exported or re-exported (a) into (or to a national or resident of) Burma, Cuba, Iran, North Korea, Sudan, Syria, or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

These Terms and Conditions contain the entire understanding of the parties hereto relating to the subject matter hereof. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from Woot Math if, in its sole discretion, you fail to comply with any term or provision of these Terms and Conditions. Upon such termination, you must destroy all Materials and the App, obtained from any source, and all copies thereof, whether or not made under the terms of this Agreement.

The terms and conditions of this Agreement shall inure to the benefit of and be binding upon the respective successors and assigns of Woot Math. Woot Math may assign this Agreement at its sole discretion at any time, without your consent. In the event that Woot Math assigns this Agreement, Woot Math will email all registered Woot Math users for whom it has email addresses a notification that this Agreement has been assigned. You may not assign any of your rights under this agreement without the express written consent of Woot Math. Any attempted assignment, delegation, or transfer in violation of the foregoing will be null and void.

If any provision of this Agreement is deemed unenforceable by law, then such provision will be deemed stricken from this Agreement, unless it can be modified by a court so as to render it enforceable consistent with the intent of the Agreement. If any provision is deemed stricken from this Agreement, the remaining provisions will continue in full force and effect.

If any other document or agreement be found to be in conflict with any part of this "Terms and Conditions" Agreement, this Agreement shall prevail.

The Terms and Conditions and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of Colorado applicable to contracts executed and performed entirely therein (without regard to any principles of conflicts of laws). You hereby agree that any action at law or in equity arising out of or relating to these Terms and Conditions or the App shall be filed only in the state or federal courts located in the County of Boulder, in the State of Colorado, in the United States of America. Further, you hereby expressly consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You hereby agree to only resolve disputes with us on an individual basis, and not as a plaintiff or a class member in a class, consolidated, or representative action.

Woot Math Submission Terms and Conditions top ⤴

Any submission that you make to Woot Math, whether through the Contact Us web form, email, or any other means (“Your Submission”), will not be treated as confidential or proprietary unless otherwise previously agreed to in writing. You understand and agree that you will not receive any compensation as a consequence of Your Submission. You agree by making a submission that Your Submission may be freely used by Woot Math for any purposes whatsoever. By making a submission, whether made through the website or not, you also agree to the Woot Math Website Terms of Use, included herein by reference.

Woot Math Teacher Account Terms and Conditions top ⤴

By applying for a Woot Math Teacher Account, you represent and warrant that (a) you are a professional educator, teacher, or other school or school district employee; or that (b) you are a parent acting in the role of a teacher for your children (and thus, as used in these terms, will take “teacher” to refer to you and “student” to your children).

User Generated Content: As a teacher, the Site may allow you to create, submit, post, or otherwise share certain types of content, and that content is subject to the following policy and terms, incorporated herein by reference:
    Woot Math User Generated Content Policy

For any student accounts that you set up using your Woot Math Teacher Account, you agree to monitor the students' use of Woot Math.

Woot Math complies with the Children's Online Privacy Protection Act (COPPA) through our policies and Terms of Use. By policy, Woot Math does not collect Personally Identifiable Information from or about students, whether or not they are under age 13 (see our Student Data Policy). Woot Math makes every effort to limit the collection of information about students to the minimal information necessary to support the ways in which you and your school use the software. We ask you, the teacher, to help us limit what is collected by providing only the information necessary for your use. By creating student accounts, creating classroom groups, and allowing your students to access the software, you consent to their participation in all related activities and the collection and storage by Woot Math of any information you provide or they provide.

We believe that, in general, children under 13 should obtain permission from either a teacher or a parent before using any website or App. The Woot Math Site and App are designed such that younger children will need the assistance of an adult (teacher or parent) to create a student account. You should understand that, as a teacher, you are allowed to act in the role of a parent in granting permission for school activities under the Federal Trade Commission's (FTC) guidelines on COPPA.

You agree to moderate your students use of Woot Math. If you choose to use any material created by a third party that is shared on Woot Math (e.g., a shared Woot Math Poll), you agree to review it before using it with your students. You agree to promptly notify us about any inappropriate content that you find so that we may delete the content. (We also moderate "user generated" shared content, but cannot necessarily do so without any error. And, speaking of errors, we also appreciate, and often reward, but do not require, notification about any content error you discover!)

You understand that Woot Math complies with FERPA through our Terms of Use. If you work at a federally funded institution subject to the Family Educational Rights and Privacy Act (FERPA), you agree to support Woot Math in any way that might be required by FERPA [link]. You understand that FERPA requirements might be triggered if you use Woot Math to "maintain" "educational records" as those terms are defined under FERPA and as they have been subsequently interpreted by the courts. In particular, since Woot Math does not collect Personally Identifiable Information about students, we can not specifically identify student records and it is therefore impossible for us to directly work with parents or students over 18 to review, modify, delete, or amend any student records. So if you work at a school subject to FERPA, you agree to work with us to identify any student records that may require parental review, modifications, etc., under the act.

You also agree to the Woot Math Website Terms of Use, included herein by reference.

"To ensure that children can access educational content at school, the FTC has clarified in educational materials that teachers can act on behalf of parents to provide consent for purposes of COPPA." [Implementing the Children’s Online Privacy Protection Act, Report to Congress, FTC, Feb. 2007] See also the FTC's How To Protect Kids' Privacy Online, A Guide for Teachers, http:​/​/www.ftc.gov​/bcp​/edu​/pubs​/consumer​/tech​/tec10.pdf)


These Terms and Conditions are effective: October 8th, 2014.
Minor clarifications for the benefit of Woot Math customers were made on March 4, 2016; May 2, 2016; and September 30, 2016. Provisions related to User Generated Content were added on September 8, 2016 to cover new capabilities on the Site.