ONLINE SUBSCRIBER AGREEMENT
Terms and Conditions of Use
• Introduction
Welcome to Times Table Tricks®. The following Online Subscriber Agreement (“AGREEMENT”) establishes the use and rights between you (“Subscriber”) and Times Table Tricks® (“TTT”).
By clicking “I Agree” below, Subscriber represents and warrants that they are at least 18 years of age, have read all of the terms and conditions in AGREEMENT, and agree to accept responsibility for compliance with the terms and conditions below for any of the materials and content contained within the scope of AGREEMENT. The act of clicking “I Agree” is to represent the legal equivalent of a signature on a contract and assent that the AGREEMENT is binding. If you disagree with any of the terms and conditions, you must not use the website.
A copy of the terms and conditions should be printed and saved for your own records.
• Cookies
This website uses cookies to enhance and personalize the user experience. The use of cookies by TTT will be in accordance with the terms and conditions of the TTT privacy policy/cookies policy.
• Scope of the Agreement
This agreement relates to all content and materials that are the property of TTT and this website.
• Grant of License
Upon agreement: Subscriber is granted a non-exclusive, non-transferable, limited license to access the content and materials on this website. Unless otherwise stated, TTT and/or its licensors own the rights in the material and website. Subject to the terms and conditions related to the limited license below, all rights are reserved.
Subscriber may:
• Download for caching purposes only
Subscriber may NOT:
• (Display and Performance) Display or perform any of the content or material in public
• (Sales) Sell, rent or sub-license any of the content or material
• (Reproduction) Reproduce, duplicate or copy any of the content and material
• (Derivation) Edit, modify, or adapt any content or material
• (Distribution) Distribute or redistribute any content or material
• Limitation on Access to Services
Access to services available depends on the service(s) selected. Parts of the content and material are restricted. Due to the proprietary nature of the information, TTT reserves the right to restrict access to any and all content and material at TTT’s discretion. TTT reserves the right to modify, suspend or terminate access without refund or notice, including the right to require a change in login identification and/or password. Furthermore, the ID, password and data files associated with Subscriber’s account are the property of TTT and may be disabled or deleted at TTT’s sole discretion.
• Confidentiality of User ID and Password
A user identification and password to enable access to restricted portions of content or material is confidential, and must not be shared with others.
• Acceptable Use
Subscriber shall not use any of the content or materials of, and relating to, TTT and the website to cause, or possibly cause, damage to TTT or the website. Damage is described as impairment or affecting availability or access to, or performing or connecting to TTT, or committing any illegal, fraudulent, or unlawful act.
In no way shall Subscriber use any content or materials to link to, promote, distribute, store, or publish, any spyware, virus, rootkit, logger, or other malicious software.
In no way shall Subscriber conduct any data collection activities (including, but not limited to, data mining, extraction and harvesting) without TTT’s express prior written consent.
In no way shall Subscriber use TTT or the content and material to transmit or send unsolicited commercial communications, nor any marketing electronic or not, without TTT’s express prior written consent.
Subscriber may not, and may not agree to enable others, to copy, decompile, reverse engineer, disassemble, decrypt, modify, or create derivative works of any content or material of TTT, or any services of TTT, to the extent the forgoing restriction is not prohibited by applicable law.
Except as may be provided by a special license, Subscriber may not use, reproduce, extract, or distribute on a standalone basis, any text, photographs, images, graphics, artwork, audio, video, or similar assets (“Digital Materials”).
Use of any content or materials in any peer-to-peer link or network, or on any hand held or portable device or non-portable device outside the primary residence is expressly forbidden under all circumstances.
Teaching any portion of the content or material must be entered into based upon provisions of a Special School District License, detailed under “Special School District License.”
• Fiduciary Care
Subscriber warrants that all reasonable and necessary steps will be taken to prevent dissemination of the restricted content herein and agrees to inform TTT of any potential violation of AGREEMENT. All such activities will be considered infringement on TTT’s rights until TTT determines whether or not authorization for those activities exists.
• WHISTLE-BLOWER REWARD PROGRAM
As an incentive to reward valid claims of infringement to which TTT was unaware (unlicensed classroom use, unlicensed in-servicing, unauthorized instruction by anyone — whether or not for profit — under any circumstances whatsoever, etc.), 25% of court-sanctioned restitution (after attorney fees) will be paid to the whistle-blower(s), collectively. To qualify, a whistle-blower must present an affidavit with their claim of suspected acts of infringement before any legal action(s) are taken against the infringer. TTT uses (primarily) a contingency-based law firm for enforcement of its intellectual property rights.
• User Generated Content
By uploading or submitting user generated content (“UGC”) to TTT, Subscriber grants TTT a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute that content in existing or future media. Further, by uploading or submitting user content to TTT, Subscriber grants TTT a right to sub-license and a right to bring action for infringement of those rights.
UGC must not be illegal, unlawful, or must not ever have been the subject of any possible or actual legal proceeding or like complaint. Subscriber further warrants that it does not infringe on any third party’s legal rights.
TTT also reserves the right to edit or remove any content or material submitted at TTT’s discretion, without reason or notice.
• Fees and Payment for Private Home Use License
The current total fee for the Times Table Tricks® tutorial is $20 for a one (1) month subscription. TTT has the right to change fees at any time for any reason. When possible, at least one (1) month advanced notice will be given of such change.
The one (1) month subscription period is designed to give learners an excess of time to master and complete the Times Table with the content and materials presented. More information can be found in the Parent Guide. Since every learner’s needs are unique, and there is no control by TTT over the frequency of use or the academic environment, TTT does not guarantee any results related to the content, material, or time frame of subscription. Further details about our policy are found in the “Warranty” section. Though likely not necessary, an optional detailed “kid-friendly” companion “highly educational” booklet reviewing and adding enrichment content of the Times Table Tricks® system may also be purchased for $15, which is comprised of the base cost of the book, $10, plus $5 for shipping and handling. Please note: ALL SALES ARE FINAL so please avail yourself to a full revue of the cavalcade of pages of the book at the end of the last main tutorial clip (Dreamy Gold etc.).
• Cancellation
Subscriber may change or terminate subscription and their account at any time. Fees, as detailed under “Fee and Payment” are non-refundable for the month they are accrued. Accrual occurs for a full month in the month they are discontinued.
• Private Home Use for General Users
• Single In-Home Use: Except for specialized accounts for school districts, use is restricted to one household (persons who occupy a living unit like a home, apartment, mobile home or condominium), on one computer, at any given time. The license does not extend to individuals not related to the user inside the physical single-family residence nor to anyone (including subscriber) outside the physical residence, such as on a portable or non-portable device. The license is for use in instruction only to members related to the subscriber, “related” in the familial sense, and specifically excludes instruction to members of the public not related to the subscriber. Thus, use for public showing of the content within the home to members of the general public not related to the subscriber (in the “familial” sense, above) is expressly prohibited. Commercial or business use is expressly prohibited.
• No Multiple Log-in: No attempt may be made to log in more than once at the same time on any given account without specific permission from TTT.
• Display Outside the Home: Any use or performance outside of the physical home, whether or not for profit, is expressly forbidden.
• SPECIAL SCHOOL DISTRICT LICENSE
Special fee-based licenses for school and school district use must be obtained directly from TTT. The content and material provided by TTT, including that on this website, proprietary extensions of that which was copyrighted in 1991 (modified in 1994 and1995), is “created specifically for the education market” and, consequently, TTT invalidates any “Fair Use” claims brought by anyone that teaches TTT’s proprietary content without the Special School District License(s) in any capacity, under any circumstances, and in any manner, in which case it shall be claimed causes or may possibly cause financial harm to TTT.
Any such attempt to usurp TTT’s market is in violation of its rights and will be pursued as infringement by TTT using any legal means available.
In the event of breach, as determined by court decree, the school, school district, and its employee(s) found to have infringed, agree to accept liability, jointly and severally, for all legal fees and expenses incurred by TTT in action and pursuit of judgment or settlement for the breach.
• Breach
In the event of breach, TTT reserves the right to take any such action as TTT deems appropriate to deal with the breach, including suspension of access to the website, prohibiting access to the website, blocking computers based on IP address, and contacting Subscriber’s internet service provider to request they block access to the website, and to initiate legal action. Breach of this contract shall have no prejudice on TTT’s other rights under these terms or conditions.
• Warranty
The website, content, and materials are provided “as is” without any warranty, express or implied, including, but not limited to, merchantability, fitness for a particular use or purpose, title, non-infringement, or any other warranty, condition, guaranty, or representation, oral or in writing. There is no representation, warranty or guaranty in relation to the accuracy or completeness of any content or materials, nor the content of the website. As mentioned above, since every learner’s needs are unique, and there is no control by TTT over the frequency of use or the academic environment, TTT does not guarantee any specific results related to the content, material, or time frame of subscription.
Further, TTT does not warrant that the website will be available at all times or at all, or that the information on the website is complete, true, accurate or not misleading.
No content, material, or any part of the website constitutes, or is meant to constitute advice of any kind, legal, financial, or professional. For professional advice, one should always consult the appropriate professional.
• Indemnity
Subscriber hereby INDEMNIFIES Times Table Tricks® and agree to undertake all measures to keep TTT indemnified against any losses, damages, costs, liabilities and other expenses relating to any acts by you or those you have facilitated access to, in regards to the content, material, or website. Indemnification of TTT includes, but is not limited to, amounts paid in settlement of a claim or dispute or in relation to any legal fees incurred or suffered by TTT relating to those acts, or arising out of any breach of the terms and conditions.
• Limit of Liability
Use of the system is entirely at Subscriber’s own risk, and thus all liability related to use of their access to the system is of their own responsibility. Only by express written and valid contract can these terms be changed. Oral or express advisement of potential loss do not prejudice the limits on liability contained herein.
TTT will not be liable to subscriber or their agents, assigns, or heirs, in relation to the contents or material, use of, or otherwise in connection with the website or TTT. The limit is on any indirect, special, consequential punitive damages; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, reputation, goodwill, or loss or corruption of information or data.
• Exceptions
It is not the intent of AGREEMENT to exclude or limit any warranty which would be unlawful to exclude or limit, but to limit to the extent that law would allow.
• Reasonableness
Subscriber agrees that all terms, in particular the Limit of Liability, Indemnity, and Warranty clauses, and other exclusions and limitations, are reasonable. The spirit of the contract is to give the understanding that the Subscriber accepts that the content and material is presented “as is” and that the propriety nature of the content and material is what gives them value and the rights and responsibilities of the Subscriber and those who access the information through Subscriber protect the content and material and accept that due to the nature of the product, TTT cannot give any warranty or guaranty as to the use or nature of said content or material.
If any terms are not reasonable to you, you cannot agree to the terms and conditions, and must click “I Disagree” and stop using the website immediately.
• Unenforceability and Severability
If any provision of these terms and conditions are determined by a court or other binding authority to be unlawful and/or unenforceable, other provisions shall not be affected. The terms and conditions will be interpreted as if that unlawful and/or unenforceable provision were deleted, and allow the rest of the terms and conditions to be considered valid and enforceable.
• Changes to Terms and Conditions
Subscriber is encouraged to periodically review the terms and conditions to stay informed as Subscriber agrees that the most current terms and conditions will supersede all previous versions.
• Assignment
TTT may transfer, sub-contract or otherwise deal with TTT’s rights and/or obligations under these terms and conditions without notification or consent by Subscriber.
Subscriber may NOT transfer, sub-contract or otherwise deal with their rights and/or obligations under the terms and conditions.
• Choice of Law (Alaska)
Subscriber agrees that AGREEMENT will be governed by and construed in accordance with the laws of the State of Alaska, and that any disputes arising out of AGREEMENT shall be litigated and enforced under the laws of the State of Alaska. In addition, Subscriber agrees to submit themselves to the jurisdiction of the courts of the State of Alaska.
• Acknowledgement
The AGREEMENT represents the entire understanding between Subscriber and TTT regarding Subscriber’s relationship to TTT and the website and supersedes all prior statements or representations.