Single User License Agreement

This Agreement sets forth the terms and conditions governing your use of this Website and its online and  downloadable content (collectively “Content”). Emath Instruction Inc. (“eMATHinstruction”) gives you certain rights to use the Content in exchange for your agreement to abide by the terms and conditions set forth in this Agreement. Viewing, downloading or using (collectively “Using”) the  Content indicates that you have read and understand this Agreement and accept its terms and conditions. Do not Use the Content until you have carefully read the following Agreement. Your Use of some Membership Content may require you to accept other agreements with eMATHinstruction or third parties. 

If you do not agree with all terms of this Agreement, promptly delete the Content and all subscriber information from all your devices, destroy all photocopies, digital copies (PDFs), screenshots and printouts, and ask us to delete your account by sending an email with the subject line “Disagree and Delete” to [email protected] If the Subscription or Content was preinstalled on your device(s), and if you do not agree to the terms of this Agreement, delete the Content from all your devices.

As used herein, “Content” includes digital files containing eMATHinstruction’s -original copyrighted content in various formats, including PDF and MS Word, along with any software incorporated therein.   Some Content is publicly available; some Content is available only to paid members (“Membership Content”) according to their subscription type; and some Membership Content is available only to verified teachers (“Controlled Content”). 

Copyright and Ownership

The eMATHinstruction Website and all Content is copyrighted original work owned in its entirety by eMATHinstruction unless otherwise specified.  No license to any Content is granted to any User or Member except as expressly provided in this Agreement or the Terms & Conditions, which are hereby expressly made part of this Agreement. 

YOU AGREE TO RESPECT OUR COPYRIGHT AND TRADE SECRETS. eMATHinstruction owns the copyright in all the materials on this Website and all materials you view on it and download from it, except as to materials eMATHinstruction licenses from others. In particular, eMATHinstruction licenses certain copyrights in software used to run the Website, manage credentials, and create the materials. Some of this copyrighted software may be embedded in the materials you download. 

When you Use the Website, eMATHinstruction gives you permission (a “Single-User License”) to use our copyrights and trade secrets and those we license from others, according to the terms of this Agreement. 

Public Content (these terms apply to all Users, whether members or not)

Single-User Free License: You may Use all publicly available Content for free, including viewing and downloading all free resources, according to the terms of this Agreement. Even if you are Using only publicly available Content and are not a paid Member, your Use is permitted by the Single-User License granted by this Agreement, and you must agree to abide by its terms. 

Therefore, you agree you will not copy, share, publish, modify or distribute Content except as expressly permitted in this Agreement. In addition to agreeing not to copy or share, you agree:

  • You will not reverse-engineer or modify any software or Content. This includes copying or binding of downloaded Content, on paper or digitally.
  • You will not change or delete any authorship, copyright mark, version, property or other metadata. 
  • You will not try to hack our validation system, or ask anyone to try to get around it.
  • You will not put the software, your login information or any of our Content on a network where people other than you can access it.
  • You will not upload any of our Content on any “study” website such as Course Hero or Chegg.

Other things you may not do: 

  • You may not direct or cause any third party to copy and/or bind any Content downloaded or captured from eMATHinstruction.com, whether it is Membership Content or publicly available Content.
  • You may not send downloaded Content to any third party, including BOCES districts, for any reason including to copy and or bind downloaded Content. 
  • You may not publish or compile downloaded Content into the digital equivalent of a bound book. 
  • You may not remove, obscure or modify any eMATHinstruction copyright notice from any Content downloaded or captured from eMATHinstruction.com, whether it be Membership Content or publicly available content, nor permit others to do so.

Please note that removing copyright notification from copyright materials is a serious violation of federal law and can result in heavy fines known as “statutory damages.”  

Membership Content (these additional terms apply to all paid Memberships)

Single-User Membership Licenses.  Memberships for verified teachers are called “Teacher Plus Memberships” and provide access to all Membership Content as well as certain Controlled Content. Memberships for non-teachers are called “Tutor Memberships” and provide access to all Membership Content except Controlled Content.  Whether you have purchased a Tutor Membership or a Teacher Plus Membership (or someone has purchased one for you to use),  you are granted a single-user, limited, non-exclusive license to access the Membership Content from any device with internet access. If you have purchased access to editable files you may use the editable Membership Content on the device(s) used by a single individual. 

Your login information is for you and you alone. Sharing your login or validation information is strictly prohibited. Your membership is a Single User License, which means it gives one person (the named Member) the right to access the Membership Content. Making additional copies of the Membership Content or enabling others to use your login information, license number (s), product number(s) and validation number(s), if any, is strictly prohibited. Memberships are single-user only. Tutor Memberships may not be used by anyone except the named Member; Teacher Plus Memberships may not be used by anyone but the named Member. Sharing memberships is prohibited without exception. If you are a school, you must purchase a license for each teacher/user.

What you May and May Not Do: 

  • You agree to comply with the Dos and Don’ts set forth under Public Content, above – those rules apply to all users, including those with Tutor Memberships and those with Teacher Plus Memberships.
  • You may make in-house photocopies/printouts of publicly available Content, Assignments and Unit Reviews (all without Answer Keys) to distribute to your class. 
  • You may distribute publicly available Content, Assignments and Unit Reviews (all without Answer Keys) digitally to your class only through password protection or enclosed environments such as Google Classroom or Microsoft Teams.
  • You may not under any circumstances distribute Answer Keys to your class. Answer Keys are for teacher use only. 

eMATHinstruction reserves the right to terminate immediately the Membership of any member found to be violating the terms of this Agreement. 

Controlled Content – Special Restrictions (These additional terms apply to Teacher Plus Memberships)

Teacher subscriptions are available only to verified teachers and provide access to Assessments, Answer Keys and other Controlled Content which is not available to the public at any other subscription level. Controlled Content is subject to special restrictions on distribution and are works of Limited Publication for copyright purposes under U.S. law. 

eMATHinstruction considers Controlled Content its trade secrets in that eMathinstruction has taken measures to ensure Controlled Content is kept from the public and Controlled Content has value by virtue of its not being publicly available. Publication of Controlled Content would destroy eMATHinstruction’s trade secrets and is strictly prohibited. Even more importantly, the secrecy of Controlled Content must be maintained in order to preserve academic integrity. eMATHinstruction expects Teacher Subscribers to strictly comply with the restrictions on distribution of Controlled Content and otherwise cooperate with eMATHinstruction to prevent and stop unauthorized copying or distribution of Controlled Content. 

What you may do: 

  • You may make in-house photocopies/printouts of publicly available Content, Assignments, Unit Reviews and Assessments (all without Answer Keys) to distribute to your class. 
  • You may distribute publicly available Content, Assignments, Unit Reviews and Assessments (all without Answer Keys) digitally to your class only through password protection or enclosed environments such as Google Classroom or Microsoft Teams.
  • You may create a modified assignment using a purchased editable file according to the terms of this Agreement, but you must ensure the following copyright credit appears on all modified assignment and answer key pages: “This assignment is a teacher-modified version of [eMATHinstruction Title] Copyright © 20xx eMATHinstruction Inc, used by permission” where “20xx” is the copyright year reflected in the copyright notice for the original assignment.

What you may not do: 

  • You may not a) download or save Membership Content on any device used by someone other than the named Member; or b) duplicate or distribute Membership Content by any means, including electronic transmission, except as expressly provided in this Agreement. 
  • You may not direct or cause any third party to copy and/or bind any Content downloaded or captured from eMATHinstruction.com, whether it be Membership Content or publicly available Content.
  • You may not send out downloaded Content to any third party, including BOCES districts, or direct any third party to copy and or bind downloaded Content. 
  • You may not publish or compile downloaded Content into the digital equivalent of a bound book. 
  • You may not copy or share the Controlled Content or other Membership Content except as provided above in “What You May Do.”  
  • You may not under any circumstances distribute Answer Keys to your class. Answer Keys are for teacher use only. 
  • You may not post Controlled Content or other Membership Content on a website, the Internet or an intranet for others to view. This includes school websites, school networks and teacher pages on school websites.  
  • You may not copy or modify the software or Content in any way unless you have purchased editable files and properly credit eMATHinstruction on all modified assignments as instructed above. 
  • You may not remove, obscure or modify the copyright notification on any Content, except that you may add the specified credit for modified assignments using purchased eMATHinstruction editable files.

Additional Terms. The incorporated software and Content are protected by the copyright laws of the United States of America. The  Controlled Content and the incorporated software also contain trade secrets, and you may not decompile, reverse engineer, disassemble, or otherwise reduce the  software to human-perceivable form or disable any functionality which limits the use of the software. You may not modify, adapt, translate, rent or sublicense (including offering the software or Content to third parties on an applications service provider or timesharing basis), assign, loan, resell, or distribute the software  or Content, media, or related materials or create derivative works based upon the software or Content or any part thereof. You may not network the software or Content. You may not copy or modify the software or  Content in whole or part unless you have purchased editable files (and then only as specifically provided herein), or use trade secret information contained in the software to develop new software to interface with the incorporated software, the Website or the  Content.

User Content.  eMATHinstruction may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about its products and services (“Feedback”). You agree that eMATHinstruction may, in its sole discretion, use the Feedback you provide to eMATHinstruction in any way, including in future modifications of the software or Content, multimedia works and/or advertising and promotional materials relating thereto. You hereby grant eMATHinstruction a perpetual, worldwide, fully transferable, non-revocable, royalty free license to use, modify, create derivative works from, distribute and display any information you provide to eMATHinstruction in the Feedback.

Termination. This Agreement may be terminated by eMATHinstruction immediately and without notice if you fail to comply with any term or condition of this Agreement. Upon such termination, you must immediately destroy all complete and partial copies of the software and Content from your devices, including all backup copies and all printouts of Membership Content. 

From time to time, eMATHinstruction may change the terms and conditions of this Agreement. eMATHinstruction will notify you of any such change. For the latest version of this Agreement, go to https:\emathinstruction.com, or such other site designated by eMATHinstruction. Your continued use of the Website, software and  Content will indicate your agreement to the change.

Satisfaction Guaranteed. If you are not 100% satisfied with your Membership, the software or the Content, eMATHinstruction’s and/or its Representatives (as defined below) entire liability and your exclusive remedy shall be to delete the software and Content from your device(s) and return to eMATHinstruction any purchased tangible goods, such as bound books,  within thirty (30) days of purchase . Please include a dated receipt and send the tangible goods with your refund request to eMATHinstruction Returns Department, 10 Fruit Bud Lane, Red Hook, NY 12571. If the software  is defective or inoperable, please notify eMATHinstruction by email at [email protected]

DISCLAIMER OF WARRANTIES. EXCEPT AS PROVIDED ABOVE, EMATHINSTRUCTION DOES NOT GUARANTEE OR WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION PROVIDED BY IT. ALL SUCH CONTENT, SOFTWARE AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND . EMATH INSTRUCTION AND ITS REPRESENTATIVES DISCLAIM ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS WEBSITE, CONTENT, SOFTWARE.

EMATH INSTRUCTION DOES NOT WARRANT THAT THE WEBSITE OR CONTENT IS FREE FROM BUGS, VIRUSES, ERRORS, OR OTHER PROGRAM LIMITATIONS, NOR DOES EMATH INSTRUCTION OR ITS REPRESENTATIVES WARRANT ACCESS TO THE INTERNET OR TO ANY OTHER SERVICE OR CONTENT OR DATA THROUGH THE WEBSITE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO SIXTY (60) DAYS FROM THE DATE OF PURCHASE OF  YOUR MEMBERSHIP OR THE DATE OF YOUR FIRST DOWNLOAD FROM THE WEBSITE, WHICHEVER IS EARLIER. HOWEVER, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS AS WELL, WHICH VARY FROM STATE TO STATE.

LIMITATION OF LIABILITY AND DAMAGES.  THE PRICES CHARGED BY EMATHINSTRUCTION ARE BASED UPON OWNER’S EXPECTATION THAT THE RISK OF ANY LOSS OR INJURY THAT MAY BE INCURRED BY USE OF THE WEBSITE AND CONTENT WILL BE BORNE SOLELY BY THE USER, AND NOT EMATHINSTRUCTION. NEITHER EMATHINSTRUCTION NOR ITS REPRESENTATIVES (AS DEFINED BELOW) SHALL BE LIABLE FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY EMATHINSTRUCTION’S ACTS OR OMISSIONS IN PREPARING OR DELIVERING THE INFORMATION PROVIDED BY IT. IN NO EVENT SHALL EMATHINSTRUCTION BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES, EVEN IF EMATHINSTRUCTION WAS GROSSLY NEGLIGENT, WAS ADVISED OF SUCH POSSIBILITY OF DAMAGES, OR SUCH DAMAGES WERE REASONABLY FORESEEABLE. IF, NOTWITHSTANDING THE PRECEDING SENTENCE, LIABILITY IS IMPOSED ON EMATHINSTRUCTION, THE AMOUNT OF SUCH LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO EMATHINSTRUCTION FOR YOUR MEMBERSHIP. “REPRESENTATIVES,” AS USED HEREIN, MEANS EMATHINSTRUCTION’S SUBSIDIARIES, AFFILIATES, LICENSORS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS OR SUPPLIERS. SOME STATES DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EMATHINSTRUCTION AND YOU. EMATHINSTRUCTION WOULD NOT BE ABLE TO HAVE PROVIDED THIS WEBSITE OR CONTENT WITHOUT SUCH LIMITATIONS.

DISPUTES. This Agreement is governed by and will be interpreted under the laws of the State of New York applicable to contracts made and to be performed therein. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE EMATHINSTRUCTION SOFTWARE OR THIS AGREEMENT WILL FIRST BE SUBMITTED TO MEDIATION BEFORE FILING SUIT IN  COURT, except that you may assert claims in small claims court if your claims qualify. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.

If you have a dispute, please send a letter requesting dispute resolution and describing your claim to Emath Instruction Inc., at 10 Fruit Bud Lane, Red Hook, NY 12571. If we cannot resolve the dispute on our own, we will submit the claim to mediation under the terms of this Agreement. Mediation will be conducted by a professional, neutral Mediator to be agreed upon by the parties. The parties to the dispute shall share the cost of the Mediation equally. This Section shall survive expiration, termination or rescission of this Agreement.

General Provisions. This Agreement sets forth eMATHinstruction’s and its Representatives’ entire liability and your exclusive remedy with respect to the Website and Content. You acknowledge that this Agreement is a complete statement of the agreement between you and eMATHinstruction with respect to the Website and Content, and that there are no other prior or contemporaneous understandings, promises, representations, or descriptions with respect to the Website and Content.

This Agreement shall govern any services or materials related to the Website or Content, unless such services or materials are subject to a separate written agreement between you and eMATHinstruction or its Representatives. However, the limitations of liability and disclaimer of warranties in this Agreement shall apply to eMATHinstruction and its Representatives with respect to such materials or services except to the extent provided otherwise in a separate written agreement approved by eMATHinstruction between you and eMATHinstruction or the applicable Representative(s).

This Agreement does not limit any rights that eMATHinstruction may have under trade secret, copyright, patent, trademark or other laws. The Representatives of eMATHinstruction are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on eMATHinstruction, other than in writing signed by an officer of eMATHinstruction. Accordingly, such additional statements are not binding on eMATHinstruction and you should not rely upon such statements. If any provision of this Agreement is invalid or unenforceable under applicable law, then that provision is deemed omitted and the remaining provisions will continue in full force and effect. The validity and performance of this Agreement shall be governed by New York law (without reference to choice of law principles), except as to copyright, patent and trademark matters, which are governed by federal law. This Agreement is deemed entered into in Red Hook, New York (Duchess County) and shall be construed as to its fair meaning and not strictly for or against either party.

Consumer Information and Privacy. For details about eMATHinstruction’s privacy policies, please refer to the Privacy Statement on our Website. You agree to be bound by the applicable eMATHinstruction  Privacy Policy.

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