Terms of Use

1. About the Terms of Use

Throughout these Terms of Use (“Terms”), the terms “we,” “us,” “our” and “Demme Learning” refer to Math-U-See Inc., doing business as Demme Learning. Math-U-See, Inc. is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania and the United States of America. The terms “you” and “your” refer to any person or entity who interacts in any way with www.demmelearning.com, www.mathusee.com, www.spellingyousee.com, and www.kindertown.com for any purpose. The website located at any url listed previously, including all its related applications and services, may be referenced in these Terms as “this website.”

2. Accepting Our Terms

By visiting this website, you understand and agree that these Terms will apply. We encourage you to retain a copy of these Terms for your records. If you do not agree to be bound by and adhere to these Terms, please do not use this website.

3. Privacy Policy

We are committed to protecting the privacy of any personal information you choose to provide to us. We do not sell, share, or rent this information to others in any way that we have not mentioned in this Section 3 (referred to as our “Privacy Policy”). This Privacy Policy describes Demme Learning’s current practices for any personal information collected throughout this website. If you do not agree with these terms, please do not disclose any personal information to us. Demme Learning reserves the right to update or modify this Privacy Policy without prior notice.

(a) Personal Information:

In addition to any personal information you choose to share with us (such as your name, address, and email address), we collect IP addresses and website-usage information whenever you access this website.

By creating an account on this website and using its services, you hereby warrant that any and all information you provide to us is true and accurate. When you visit this website, your IP address and usage information, such as movement through this website’s pages, is tracked.

(b) Use and Disclosure of Your Personal Information:

If you choose to contact us or provide us with any personal information:

• We may use your personal information to improve our products and services, to contact you for feedback, and to notify you about other opportunities from us or our subsidiaries and affiliated companies.
• We may use the tracking data from your visits to this website to evaluate how visitors use and navigate this website, including but not limited to, the number and frequency of visitors to each webpage and the length of their visits.
• We may share such personal information with our subsidiaries and affiliated companies in order to provide information, products, or services you have requested.
• We may share your personal information with unaffiliated third parties who process information on behalf of Demme Learning for the purpose of carrying out administrative, marketing, professional or technological support functions for us.
• As permitted by law, we may disclose your personal information to unaffiliated third parties with whom we may enter into joint venture agreements or other strategic alliances in relation to products or services you have purchased or for which you have sought information, or in the event of our sale, merger, reorganization, or other similar event.
• We may disclose personal information when we reasonably believe that we are required to do so by law or legal process.

(c) Children’s Online Privacy:

Demme Learning does not intend to collect any personal information entered into this website by children under the age of 13. Upon being notified that we have inadvertently collected such personal information, we will take reasonable steps to destroy such information.

(d) Security:

Demme Learning uses reasonable measures to protect personal information from unauthorized access. Credit card payments are handled in accordance with best business practices and all applicable federal and state regulations. However, internet security is imperfect under the best circumstances, and you agree that any transmission or receiving of any personal information through this website is done at your own risk. We are not responsible for unauthorized access to your account on computers or devices you personally use.

(e) Links:

This website may provide links to other websites, or this website may have pop-up windows. Even if an affiliation or alliance exists between Demme Learning and such other websites, Demme Learning may not exercise any control over linked sites or any pop-up windows and does not endorse the activities of these websites.

(f) Questions:

If you wish to change any information you have given us, or have any questions on our Privacy Policy, please contact our Website Administrator at websiteadmin@nospamheredemmelearning.com.

4. Prohibited Uses

You are prohibited from doing, and agree not to do, any of the following:

• Use the content or features of this website to undertake or accomplish any illegal purpose, including but not limited to, posting or disseminating information or material that is libelous, obscene, threatening, defamatory or harassing as determined in the sole discretion of Demme Learning;
• Use any content or features made available on this website, including but not limited to, photographs, videos and curricular material, in a manner that violates copyright, trademark, patent, trade secret, or other proprietary right of any party. In particular, permission is not granted to extract and reproduce or transfer any digital content, including but not limited to, Math-U-See and Spelling You See curriculum or related resources, from this website to any other user for any reason unless said content is explicitly offered for free download on this website by Demme Learning;
• Copy, reproduce, duplicate, translate, reverse engineer, adapt, decompile, disassemble, reverse assemble, modify, or alter any portion of this website without written permission of Demme Learning;
• Merge or include any portion of this website with any computer program, database, or other website without written permission of Demme Learning;
• Use this website in any manner that could damage, disable, overburden, or impair any Demme Learning server or equipment, or the network(s) connected to any Demme Learning server, or interfere with any party’s use and enjoyment of this website;
• Collect or view information about others, including but not limited to, names, addresses, email addresses or other personal information;
• Unless otherwise specified, use this website for commercial rather than personal purposes;
• Advertise or offer for sale any service or product;
• Use this website to attempt to gain unauthorized access to services, materials, other accounts, computer systems, websites or networks of Demme Learning or of any member connected to any server of Demme Learning, or any member, through hacking, password mining, or any other means; and
• Otherwise violate any applicable law or regulation.

5. Registration and Accounts

The use of some content, services, applications, and features on this website requires you to register and create an account protected by a user-created password. You agree to accept responsibility for all activities that occur under your account and password.

1. Schools/Teachers: You agree not to share your account and password with anyone from another district or school. You agree to abide by any agreement made between your school and Demme Learning regarding the use of this website.
2. Parents and Guardians: You agree not to share your account and password with any member of any other household for any purpose, including but not limited to, sharing access to digital curriculum content or resources.
3. Students: You agree not to share your account and password with anyone other than your parent or guardian and, if applicable, teacher.

6. Digital Content User License

Portions of this website, such as Math-U-See’s Digital Resource Packs, are available to be licensed, not sold, to you or your school as products of Demme Learning. Any remuneration for these products constitutes a license fee. The non-transferable license grants an account holder access to particular content and resources for a limited period of time. Upon expiry of the license, the product must be purchased again in order to regain access. The user of the license is subject to all of the Terms, including the right for Demme Learning to terminate the license as described in Section 7.

7. Termination

Demme Learning may restrict, suspend or terminate your access to all or portions of this website and/or Demme Learning’s services if Demme Learning believes you are in breach of these Terms, or for any other reason, without notice or liability. Termination may include, without limitation: (i) removal of access, including revocation of a user license, to any portion of this website or its entirety,; (ii) deletion of any user-created content such as user names, passwords, or any other data; (iv) refusing to refund the purchase price of access to content and (iii) barring further use of Demme Learning’s services under any name.

8. Intellectual Property

(a) Copyright Notice

All content contained, referenced, or otherwise included in this website, including but not limited to, text, graphics, logos, audio, videos, downloads, and applications such as the Math-U-See Manipulatives app, are the property of Demme Learning and are protected by United States and international copyright laws. All uses of this content without the express, written permission of Demme Learning is strictly prohibited.

(b)Trademarks

“Demme Learning,” “Math-U-See,” “Decimal Street,” the Math-U-See block image, “I can teach math,” “Spelling You See,” “Kindertown,” and the Kindertown owl image are all trademarks or service marks of Demme Learning. The absence of a name or logo referenced herein shall not constitute a waiver of any or all intellectual property rights that Demme Learning has established in any product, logo, trademark or service name.

9. Links to and from Other Sites

This website may contain links that will allow you to leave this website. Demme Learning does not control the content, terms of service, or privacy policies of linked sites, or other sites accessed through a linked site, and the terms and policies of the linked sites will govern your use of those sites.

Demme Learning is not responsible for reviewing linked sites or the content a linked site may contain. Demme Learning provides links to third-party sites only as a convenience. Our inclusion of a link to a third-party site does not constitute an endorsement by Demme Learning of the site, and Demme Learning makes no representations, assurances, or guarantees in regard to such linked sites or their products and services.

Other websites are encouraged to link to this website, except to portions that are accessible only by purchase.

10. User-Generated Content

This website may allow you to post reviews, comments, testimonials, and other related content so long as such postings are not libelous, obscene, threatening, defamatory, harassing, or otherwise harmful to others or objectionable, as determined in Demme Learning’s sole discretion. Demme Learning has no obligation to monitor any such postings. We do, however, reserve the right and sole discretion to remove or edit such postings to ensure compliance with the requirements set forth herein. Demme Learning disclaims all liability for any content you post or that is posted by others.

If you post any reviews, comments, testimonials, or other related content, you grant Demme Learning a nonexclusive, royalty-free, perpetual, and irrevocable right to use, reproduce, modify, adapt, publish, translate, distribute, and/or display such postings throughout the world in any media or format.

The user-generated materials appearing on this website could include technical, typographical, or photographic errors. Demme Learning does not warrant that any of the materials on its websites are accurate, complete, or current. Except as expressly provided otherwise, you assume all risks concerning the suitability and accuracy of the information within the website. DEMME LEARNING ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY FOR ANY SUCH INACCURACIES, ERRORS OR OMISSIONS IN THE WEBSITE, MATERIALS, PUBLICATIONS AND DOCUMENTS, AND IN ANY OTHER REFERENCE.

11. Changes in Terms of Use

We reserve the right to revise the Terms, including the Privacy Policy, at any time and from time to time, with or without any notice to you. Any such revisions are incorporated into the whole Terms and are effective immediately upon posting on this website.

12. Updates to This Website

At any time, we may update this website by revising existing or adding additional content, services, applications, or features, and we may make such updates available to you either for a fee or for free. At our discretion, we may also update this website by removing any free content, services, applications, or features without notice to you.

13. Other Website Policies and Severability

Please review our other policies posted on this website, including our Shipping & Returns Policy, as these additional policies also govern your use of this website.

No determination by any court, governmental body, arbitration tribunal, or other judicial body that any provision of these Terms or any amendment that may be made thereto is invalid or unenforceable shall affect the validity or enforceability of any other provision of these Terms. Each provision shall be valid or enforceable to the fullest extent permitted by applicable law and shall be construed where and whenever possible as being consistent with applicable law.

14. Disclaimers and Liability

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL INFORMATION, SOFTWARE, DOCUMENTATION, MATERIALS, SERVICES, THIS WEBSITE AND PUBLICATIONS ARE PROVIDED “AS-IS” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, AND DEMME LEARNING AND ITS AFFILIATES, PARTNERS, AND SPONSORS HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, DEMME LEARNING AND ITS AFFILIATES, PARTNERS, AND SPONSORS DISCLAIM ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT.

DEMME LEARNING WILL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM (A) ANY DEFICIENCY IN THIS WEBSITE OR ANY SERVICE PROVIDED VIA THIS WEBSITE OR BY DEMME LEARNING (COLLECTIVELY, THE “SERVICE”) OR ANY ERRORS IN THE SOFTWARE OR OTHER MATERIALS ON WHICH IT IS BASED OR ANY INSTRUCTION OR OTHER MATERIALS DESCRIBING THE SERVICE OR ITS USE, (B) THE UNAVAILABILITY OR INTERRUPTION OF THE SERVICE (OR ANY PART THEREOF), (C) ANY USE OF THE SERVICE BY YOU (REGARDLESS OF WHETHER YOU RECEIVED ANY ASSISTANCE IN USING THE SERVICE), (D) YOUR USE OF ANY EQUIPMENT IN CONNECTION WITH THE SERVICE, (E) THIS WEBSITE OR THE CONTENT THEREOF, OR (F) ANY DELAY OR FAILURE IN PERFORMANCE BEYOND THE REASONABLE CONTROL OF DEMME LEARNING, EVEN IF DEMME LEARNING IS AWARE OR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE. IN NO EVENT SHALL DEMME LEARNING BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED, OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THIS WEBSITE. IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY SERVICE OF DEMME LEARNING, YOUR SOLE REMEDY IS TO DISCONTINUE USING THIS WEBSITE, WHICH SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST DEMME LEARNING. DEMME LEARNING SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE SERVICE OR ANY MATTER RELATED TO THIS WEBSITE.

THIS WEBSITE, ITS DOCUMENTS AND PUBLICATIONS ARE DISTRIBUTED INTERNATIONALLY AND MAY CONTAIN REFERENCES OR CROSS-REFERENCES TO DEMME LEARNING PRODUCTS, PROGRAMS, AND SERVICES THAT HAVE NOT BEEN ANNOUNCED OR AVAILABLE IN YOUR COUNTRY. SUCH REFERENCES DO NOT IMPLY THAT DEMME LEARNING INTENDS TO ANNOUNCE SUCH PRODUCTS, PROGRAMS, OR SERVICES IN YOUR COUNTRY.

15. Miscellaneous

Any claim relating to Demme Learning websites shall be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions. You agree that any cause of action that may arise under these Terms will be brought exclusively in the state or federal courts with jurisdiction in Lancaster County, Pennsylvania, and you agree to submit to the personal and exclusive jurisdiction of such courts. Demme Learning’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of this website, Demme Learning’s products or services, or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. You agree to indemnify, defend, and hold Demme Learning, and its subsidiaries, affiliates, officers, agents, co-branders, partners, representatives, and employees, harmless from any and all costs, expenses, and damages, including reasonable attorneys’ fees, arising from a claim or demand made by any third party due to or arising out of your submissions, your use of this website or other products and services of Demme Learning, including, without limitation, any use by your employees, your connection to this website, your violation of these Terms, or your violation of any rights of another.

Last updated October 20, 2015