In a nutshell.
Legalese is never fun nor is it easy to understand. Unfortunately, although MathBait is working hard to provide all students with top-of-the-line content, companies and individuals will attempt to use and abuse our creations ultimately making it impossible for us to continue.
While we encourage you to read the full terms below, we hope to also honestly share our thoughts in plain English.
First, this site is for students and those personally interested in learning. It is not for companies to embed on their LMS and claim they "designed" a course, it is not for teachers to assign to their class. MathBait is a labor of love to help students succeed. It is not in the "public domain" and you may not distribute our materials without a site license. Everything on, linked, and embedded in this site is registered with the copyright office.
Next, this site must be 100% safe for children. We have the right to remove users, comments, and anything else that we determine goes against this principle.
Third, we don't make any guarantees. While our content is designed to be fun and help students learn, we don't promise they will ace their SAT or next test. If your student needs additional help, please contact us. We can often arrange for low or no cost tutoring for families in need.
Finally, be kind, be responsible, follow the laws, respect each other, and help us to create a caring and inclusive environment where all students can succeed.
Terms of Service
Last Updated: January 31, 2023
AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and MathBait LLC ("Company", "we", "us", or "our") concerning your access to and use of MathBait.com as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the "Site"). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, then you are prohibited from using the site and should discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating the "Last updated" date of these Terms of Use, and you waive any right to receive specific notice of each such change.
The information provided on the Site is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those person who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site.
MathBait currently provides users with access to various on-line resources, including shopping, classes, forums, and activities, This Agreement applies to these Services and to new or enhanced Services unless explicitly stated otherwise. The Service is provided "AS-IS" and MathBait assumes no responsibility for the timeliness, deletion, mis-posting, mis-delivery, or failure to store any user communications or personalization settings. MathBait makes no guarantees on the content of this site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, characters, educational analogies, games, diagrams, pedagogical methods, and content on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose (for, non, or not-for profit) whatsoever, without our express prior written permission. Please contact us regarding a site license if you are an educator, administrator, edtech, or other company or representative to gain proper permission to use our materials.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
USER REPRESENTATIONS AND REGISTRATION
Certain areas of our Site require the creation of an account. By signing up for an account and thereby granted access to these areas and Content, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minion in the jurisdiction in which you reside, or if a minor you have received parental permission to use the Site; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purposes; and (7) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
Registration is required for the use of certain Services. When registration is required, the User agrees to provide all required information accurately. MathBait reserves the right to suspend or terminate Services to any User.
During registration the User selects a Username and Password. The Username is also used in posting on forums. We recommend a pseudonym to protect privacy. The User is responsible for retaining the Username and password in confidence. The User is responsible for all activities that occur using this Username and password. The User agrees to immediately notify MathBait of any unauthorized use of the Username and/or password and to log out after use to protect their account.
USER GENERATED CONTRIBUTIONS
In certain areas of the Site, Users may join Groups, Clubs, and other collective environments that allows them to post questions or ideas about the material. These environments are optional. If the User is a minor, they must receive permission from their parent or guardian to participate in such environments.
The User understands that all information, data, text, messages, and other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that the User, not MathBait, is entirely responsible for all content that the User uploads, posts, transmits, or otherwise makes available via the Services. While MathBait makes a reasonable effort to not allow offensive, or object able material on this site, but using the Services we make no guarantees about the timeliness that such posts are removed. MathBait is in no way liable for any content, including, but not limited to, errors or omissions, or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Service.
The User agrees as follows:
-
Not to harm minors or cause minors to be harmed in any way
-
Not to forge content or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services
-
Not to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity
-
not to upload, post, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, religiously, or otherwise objectionable
-
Not to upload, post, transmit, or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure or confidential disclosure agreements)
-
Not to upload, post, transmit, or otherwise make available any information that the User considers confidential in nature (including personal information, addresses, pictures) or which posting may cause you or any third party to lose rights to the intellectual property associated with the information.
-
Not to upload, post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation. The User understands that such postings may violate laws of various jurisdictions and that you may be subject to prosecution or to civil suit.
-
To not intentionally or unintentionally violate any local, state, federal, national, or international law.
-
No to stalk or otherwise harass another or collect or store personal data about other users
-
To only upload, transmit, post, or otherwise make available material which the User has created and to which the User owns the copyrights and to report any violations to MathBait immediately.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors expect those that are specifically endorsed or approved by MathBait or its representatives.
As a user of the Site, you agree not to:
-
Systemically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
-
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
-
Circumvent, disable, or otherwise interfere with security-related features of this Site, including features that preventer restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
-
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
-
Use any information obtained from the Site in order to harass, abuse, or harm another.
-
Make improper use of our support services or submit false reports of misconduct.
-
Use the Site in a manner inconsistent with any applicable laws or regulations.
-
Engage in unauthorized framing of or linking to the Site.
-
Upload or transmit (or attempt to upload or transmit) virus, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
-
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
-
Delete the copyright or other proprietary rights notice from any Content.
-
Attempt to impersonate another user or person or use the username of another user.
-
Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
-
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
-
Attempt to bypass any measures the Site designed to prevent or restrict access to the Site or any portion of the Site.
-
Copy or adapt the Site's software, including but not limited to PHP, HTML, JavaScript, or any other code presented on the Site.
-
Make any unauthorized use of the Site.
-
Use of the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
-
Use the site to advertise or offer to sell goods or services.
-
Sell your profile.
-
Harm minors, or cause minors to be harmed in any way.
-
Downloading, modifying, and distributing or redistributing any Content.
GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain reference to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative. Let's remember why we are here.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen or delete reviews even if anyone considers the review objectionable or inaccurate. Reviews are not endorsed by us and do not represent our opinions. We do not assume liability for any reviews or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sub licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations to these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable any Contributions or portion thereof; (4) in our sole discretion and without limitation, notice, or liability to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; (5) otherwise manage the Site in a manner designed to protect our rights and to facilitate the proper functioning of the Site.
PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated in these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all time. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or error. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW
These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of New Mexico applicable to agreements made and to be entirely performed within the State of New Mexico, without regard to its conflict of law principles.
CORRECTIONS
There may be information on the Site that contains typographical error, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice. We do not have an obligation or liability to make such changes.
LIMITATIONS AND INDEMNIFICATION
In no event will we our our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Site, even if we have been advised of the possibility of such damages. Notwithstanding, anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising. Certain State laws and International laws do not allow limitations or implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply and you may have additional rights.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, and partners, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the Site as well as relating to your use of the Site. AlYou agree that we shall have no liability to you for any loss or corruption of any such data and you hereby waive any right of action against us arising from any such loss or corruption of data.
MISCELLANEOUS
The failure of either party to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
In the event any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement shall be unimpaired, and the invalid, illegal, or unenforceable provision shall be replaced by the provision which, being valid, legal, and enforceable, comes closest to the intention of the parties underlying the invalid, illegal, or unenforceable provision. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
MathBait makes no warranty that: (a) the Services will meet your requirements, (b) the Services will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the Services will be accurate or reliable, (d) the quality of any products, Services, information, or other material purchased or obtained by you through the Services will meet your expectations, and (e) any errors in the software will be corrected.
MATHBAIT MAKES NO WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MATHBAIT SHALL NOT HAVE ANY LIABILITY WHATSOEVER FOR ANY COVER OR SET OFF NOR FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
All materials and resources presented on or accessed through the Services is provided by MathBait as a service to its visitors and readers and may be used for information purposes only. MathBait assumes no responsibility for errors or omission in these materials. MathBait makes no commitment to update this information.
Distribution of Material
The User agrees not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial or noncommercial purposes, any portion of the Services, Content, use of the Services or Content, or access to the Services or Content. If the User would like to use the Services in association with a school, classroom, for, not for, or non-profit, they agree to contract MathBait to obtain an official licensing agreement.
MathBait reserves the right to terminate, without any prior warning, the access of any User to any Service or Content, for violation of any of the above Terms, or for any other reason at MathBait's sole discretion.
A NOTE FROM THE CREATORS
Whew. That was exhausting. All in all please respect our site. We put in a lot of hard work over many hours to provide fun, rigorous, interesting, and exciting content for students. Please don't "steal" or "borrow" our material. Please don't try to sue us or hold us liable for the free or low-cost activities and resources we are providing.
Please do support us, join us, spread the word! We are happy to partner with educational institutions, individual teachers, and companies through a site license. This, along with your donations and purchases help us to keep creating an amazing environment where every child can become a master of mathematics and have a blast along the way.