Legal Terms and Conditions

The following Terms of Service apply to the access and use of the Bridges Educator Site for Bridges® in Mathematics Third Edition Classroom Package, Number Corner® Third Edition Classroom Package, and/or Bridges® Intervention Revised Set. These Terms of Service apply to educational institutions and their end users, or, as applicable, to individual professors or instructors granted access to the Bridges Educator Site.

Bridges Educator Site Terms of Service

Effective Date: May 5th, 2023

These Terms of Service (the “Terms”) govern your access to and use of the Bridges Educator Site (“BES”) and the materials and publications available on the BES, including the Data (defined below). The BES and Data are provided by The Math Learning Center, an Oregon nonprofit corporation (“MLC”).

By using the BES and in consideration of the provisions of these Terms and other good and valuable consideration (the receipt and sufficiency of which is acknowledged), (i) you agree to all provisions of these Terms (including the Privacy Statement, which is discussed below and which is incorporated into these Terms by this reference); and (ii)(a) you and your school district or school employer (which is referred to herein as “educational institution”) that assigned you a BES user seat agree that these Terms bind both you and such educational institution; or (ii)(b) if you are a professor or instructor at a college or university and if you have been granted access to use the BES, you and the college or university at which you teach (which is referred to herein as “educational institution”) agree that these Terms bind both you and such educational institution. You agree that all references in these Terms to “you” include you personally and the educational institution referenced in the previous sentence, whether (ii)(a) or (ii)(b) is applicable (even if you and the educational institution are sometimes referred to separately). If you do not agree to these Terms, your only recourse is to discontinue use of the BES.

  1.  Bridges Educator Site. The BES is licensed, not sold. The educational institution that assigned you a BES user seat purchased (i) Bridges® in Mathematics Third Edition Classroom Package, and/or (ii) Number Corner® Third Edition Classroom Package, and/or (iii) Bridges Intervention Revised Set, from MLC, and each such purchase permits that educational institution and all of its current employees and contractors to use the BES. Alternatively, (a) if you are a university or college professor or instructor, MLC has either granted you individual access to use the BES in accordance with these Terms, or MLC has granted your educational institution the right to assign you a user seat to use the BES; or (b) your educational institution might have been granted special, temporary access to the BES solely to review and evaluate the BES and the Bridges program, or for another purpose if expressly permitted by MLC.       
     
  2. Data and Downloaded Data, Defined. The term “Data” means the publications, data, and content made available on the BES. The term “Downloaded Data” means Data that is downloaded from the BES to a storage device. Though the terms “Data” and “Downloaded Data” are sometimes referred to separately in these Terms, the term “Data” always includes “Downloaded Data.”
     

  3. License Grant to Educational Institutions and Its Current Educators and Staff, Resulting from Purchase of (i) Bridges® in Mathematics Third Edition Classroom Package, and/or (ii) Number Corner® Third Edition Classroom Package, and/or (iii) Bridges Intervention Revised Set.

    3.1  License Grant. If your educational institution has purchased one or more of the MLC products referenced in Section 1 and has permitted you to use the BES, then, subject to your compliance with these Terms, MLC grants you a nonexclusive, personal, nontransferable, nonassignable, nonsublicensable, revocable, and limited license to use the BES and the Data solely in support of the students and classrooms for which your educational institution purchased an MLC product referenced in Section 1. If you are granted a license under this Section 3, then Sections 4 and 5 do not apply to you, but all other provisions of these Terms apply to you.

    3.2  Data and Downloaded Data.

    1. The license granted in Section 3.1 includes the right to temporarily store Downloaded Data to a storage device under your exclusive control, for internal use solely in support of the students and classrooms for which your educational institution purchased an MLC product referenced in Section 1. You may store Downloaded Data for no more than the term of your license to use the BES. Upon expiration or early termination of your license to use the BES, you must delete all Downloaded Data from your device. In addition to using Downloaded Data, you may also create printouts of pages from the Data, or reproduce electronic copies of pages from the Data, and share them only with other district staff and with students and their families solely in support of your students and in support of implementation in the classroom for which your educational institution purchased an MLC product referenced in Section 1. For any electronic copies of Downloaded Data, you may only share them via a secure intranet accessible only by your educational institution’s staff and with your students and their families. 
    2. Except as expressly set forth in Sections 3.1 and 3.2(a), any and all other use, transmission, or distribution of Data or Downloaded Data, or copies thereof, is expressly prohibited. Without limiting the foregoing sentence, you may not (i) print or make electronic copies of the entire Data or Downloaded Data; (ii) use the Data or Downloaded Data to make student books, whether in print or electronic form; (iii) pay third parties to make print or electronic copies of the Data or Downloaded Data, in whole or in part; or (iv) transmit, distribute, disseminate, post, or otherwise make available print or electronic versions of the Data or Downloaded Data, in whole or in part, on any publicly-accessible website, publicly-accessible file store, or other publicly-accessible location.
       

    3.3  Expiration and Early Termination.

    1. Expiration and Early Termination Rights. For the license granted in this Section 3, the parties agree to the following expiration and termination rights, which may be exercised singularly or concurrently:
      1. These Terms and the license grant will immediately and automatically terminate (without a requirement of giving notice) if, and as soon as, you are no longer employed by the educational institution through which you obtained your user account;
      2. These Terms and the license grant will immediately and automatically terminate (without a requirement of giving notice) if, and as soon as, the educational institution through which you obtained your user account no longer uses an MLC product or service that includes use of the BES;
      3. MLC may, at any time, terminate these Terms and the license grant immediately (without a requirement of giving notice) by discontinuing your access to the BES and Data if you have not accessed the BES in 24 or more months; provided, however, that you may request that MLC restore the account so long as you continue to be employed by the educational institution through which you obtained your account and subject to MLC’s confirmation of the same with the educational institution;
      4. Either party may immediately terminate these Terms by providing the other party written (email is sufficient) notice of such termination in the event of the other party’s fraud, willful misconduct, distribution of a password, or other breach of these Terms; and/or
      5. MLC may terminate these Terms immediately (without a requirement of giving notice) by discontinuing your access to the BES and Data if MLC discontinues access to the BES and Data for all MLC customers and users.
         
    2. Effect of Expiration or Early Termination. Upon any expiration or early termination of these Terms (i) your license to use the BES and Data will immediately and automatically terminate, and you shall immediately cease all use of the BES and Data; (ii) you shall immediately remove all Downloaded Data from your device; (iii) you agree that MLC may disable your access to the BES and that accessing the BES and/or Data after termination will constitute an act of trespass, among other potential claims; (iv) unless required by law, MLC will not be required to make information associated with your account available to you; and (v) all provisions that would be expected to survive expiration or termination will so survive such expiration or termination, including without limitation Sections 7, 8, and 10 through 30.
       

  4. License Grant for Professor Access.

    4.1 License Grant. If you are a university or college professor or instructor and if MLC has either granted you individual access to use the BES or has granted your educational institution the right to assign you a user seat to use the BES, then, subject to your compliance with these Terms, MLC grants you a nonexclusive, personal, nontransferable, nonassignable, nonsublicensable, revocable, limited, and temporary license to use the BES and the Data solely in support of teaching college or university students enrolled in the educational institution’s math education courses. If you are granted a license under this Section 4, then Sections 3 and 5 do not apply to you, but all other provisions of these Terms apply to you.

    4.2  Data and Downloaded Data.

    1. The license granted in Section 4.1 includes the right to temporarily store Downloaded Data to a storage device under your exclusive control, for internal use solely to teach college or university students enrolled in your educational institution’s math education courses. You may store Downloaded Data for no more than the term of your license to use the BES. Upon expiration or early termination of your license to use the BES, you must delete all Downloaded Data from your device. In addition to using Downloaded Data, you may also create printouts of pages from the Data, or reproduce electronic copies of pages from the Data, and share them only with students enrolled in your educational institution’s math education courses. For any electronic copies of Downloaded Data, you may only share them via a secure intranet accessible only by students enrolled in your educational institution’s math education courses.
    2. Except as expressly set forth in Sections 4.1 and 4.2(a), any and all other use, transmission, or distribution of Data or Downloaded Data, or copies thereof, is expressly prohibited. Without limiting the foregoing sentence, you may not (i) print or make electronic copies of the entire Data or Downloaded Data; (ii) use the Data or Downloaded Data to make student books, whether in print or electronic form; (iii) pay third parties to make print or electronic copies of the Data or Downloaded Data, in whole or in part; or (iv) transmit, distribute, disseminate, post, or otherwise make available print or electronic versions of the Data or Downloaded Data, in whole or in part, on any publicly-accessible website, publicly-accessible file store, or other publicly-accessible location.
       

    4.3  Expiration or Early Termination.

    1. Expiration and Early Termination Rights. For the license granted in this Section 4, the parties agree to the following expiration and termination rights, which may be exercised singularly or concurrently:
      1. These Terms and this license grant will immediately and automatically terminate (without a requirement of giving notice) one (1) year from the date you first sign up to use the BES; at the end of such one- (1-) year period, your license will automatically expire, though MLC may, in its discretion, permit you to sign up for another one- (1-) year license at that time;
      2. These Terms and the license grant will immediately and automatically terminate (without a requirement of giving notice) if, and as soon as, you are no longer employed by the educational institution at which you were employed when you obtained your user account;
      3. Either party may immediately terminate these Terms by providing the other party written (email is sufficient) notice of such termination in the event of the other party’s fraud, willful misconduct, distribution of a password, or other breach of these Terms; and/or
      4. MLC may terminate these Terms immediately (without a requirement of giving notice) by discontinuing your access to the BES and Data if MLC discontinues access to the BES and Data for all MLC customers and users.
         
    2. Effect of Expiration or Early Termination. Upon any expiration or early termination of these Terms (i) your license to use the BES and Data will immediately and automatically terminate, and you shall immediately cease all use of the BES and Data; (ii) you shall immediately remove all Downloaded Data from your device; (iii) you agree that MLC may disable your access to the BES and that accessing the BES and/or Data after termination will constitute an act of trespass, among other potential claims; (iv) unless required by law, MLC will not be required to make information associated with your account available to you; and (v) all provisions that would be expected to survive expiration or termination will so survive such expiration or termination, including without limitation Sections 7, 8, and 10 through 30.
       

  5. License Grant for Temporary Access.

    5.1 License Grant. If your educational institution has only been permitted temporary access to the BES, then, subject to your compliance with these Terms, MLC grants you a nonexclusive, personal, nontransferable, nonassignable, nonsublicensable, revocable, limited, and temporary license to access the BES and Data solely to preview and evaluate the BES and Data and Bridges program. You may not use the BES or Data for any other purpose. The term of this temporary license grant will be decided by MLC upon granting the temporary license. If you are granted a license under this Section 5, then Sections 3 and 4 do not apply to you, but all other provisions of these Terms apply to you.

    5.2  Data and Downloaded Data.

    1. The license granted in Section 5.1 includes the right to temporarily store Downloaded Data to a storage device under your exclusive control, for internal use solely in support of the students and classrooms for which you are evaluating the BES and Data for a potential purchase of a product referenced in Section 1. You may store Downloaded Data for no more than the term of your license to use the BES. Upon expiration or early termination of your license to use the BES, you must delete all Downloaded Data from your device. In addition to using Downloaded Data, you may also create printouts of pages from the Data, or reproduce electronic copies of pages from the Data, and share them only with other district staff and with students and their families solely in support of the students and classrooms for which you are evaluating the BES and Data for a potential purchase of a product referenced in Section 1. For any electronic copies of Downloaded Data, you may only share them via a secure intranet accessible only by your educational institution’s staff and with your students and their families.
    2. Except as expressly set forth in Sections 5.1 and 5.2(a), any and all other use, transmission, or distribution of Data or Downloaded Data, or copies thereof, is expressly prohibited. Without limiting the foregoing sentence, you may not (i) print or make electronic copies of the entire Data or Downloaded Data; (ii) use the Data or Downloaded Data to make student books, whether in print or electronic form; (iii) pay third parties to make print or electronic copies of the Data or Downloaded Data, in whole or in part; or (iv) transmit, distribute, disseminate, post, or otherwise make available print or electronic versions of the Data or Downloaded Data, in whole or in part, on any publicly-accessible website, publicly-accessible file store, or other publicly-accessible location.
       

    5.3  Expiration and Early Termination.

    1. Expiration and Early Termination Rights. For the license granted in this Section 5, the parties agree to the following expiration and termination rights, which may be exercised singularly or concurrently:
      1. These Terms and the license grant will immediately and automatically terminate (without a requirement of giving notice) if, and as soon as, the term of your temporary access to the BES expires (if, at that time, your educational institution has not purchased an MLC product or service that includes use of the BES), unless MLC agrees in writing to extend the term of your temporary access;
      2. These Terms and the license grant will immediately and automatically terminate (without a requirement of giving notice) if, and as soon as, you are no longer employed by the educational institution through which you obtained your user account;
      3. Either party may immediately terminate these Terms by providing the other party written (email is sufficient) notice of such termination in the event of the other party’s fraud, willful misconduct, distribution of a password, or other breach of these Terms; and/or
      4. MLC may terminate these Terms immediately (without a requirement of giving notice) by discontinuing your access to the BES and Data if MLC discontinues access to the BES and Data for all MLC customers and users.
         
    2. Effect of Expiration or Early Termination. Upon any expiration or early termination of these Terms (i) your license to use the BES and Data will immediately and automatically terminate, and you shall immediately cease all use of the BES and Data; (ii) you shall immediately remove all Downloaded Data from your device; (iii) you agree that MLC may disable your access to the BES and that accessing the BES and/or Data after termination will constitute an act of trespass, among other potential claims; (iv) unless required by law, MLC will not be required to make information associated with your account available to you; and (v) all provisions that would be expected to survive expiration or termination will so survive such expiration or termination, including without limitation Sections 7, 8, and 10 through 30.
       

  6. Access; Responsibility for Matters.

    6.1  The BES is for adults only. By using the BES, you affirm that you are ‎at least eighteen (18) years old.

    6.2  The educational institution is responsible for assigning user seats to its current employees and contractors, and is responsible for removing the BES access of the educational institution’s educators and staff who (i) are no longer employed by the educational institution; or (ii) the educational institution no longer wants to access the BES. The educational institution will be provided credentials for one administrator account and must notify MLC if the administrator role will be assigned to an alternative staff member (this does not apply if you are a professor granted a license under Section 4 on an individual basis).

    6.3  Your account is licensed for you specifically. Your login ID and password are for your use only and may not be shared or transferred. You are responsible for maintaining the confidentiality and security of your BES password and for restricting access to your computers and devices. You and your educational institution are responsible and liable for all access to and use of Data and the BES that occurs under your account and password, whether or not you have and/or your educational institution has knowledge of or authorizes such access and use. MLC will not be liable for any loss, damage, or liability that you, your educational institution, or others may incur as a result of someone else using your account and/or password, either with or without your and/or your educational institution’s knowledge.

  7. Rights in Data and Bridges Educator Site.

    7.1  Except for the limited license granted in these Terms, MLC does not grant you or your educational institution any express or implied rights or licenses under any intellectual property rights or otherwise. Except for the limited license granted in these Terms, MLC and/or its licensors or suppliers will exclusively retain and own all rights, titles, and interests (including, but not limited to, all worldwide copyrights, trademark rights, and other intellectual property rights) in and to the (i) Data in all languages, formats, layouts, data structures, and media; (ii) BES and all source code and object code comprising the BES, in all languages, formats, and media; (iii) selection, arrangement, and presentation of the BES and Data; (iv) overall design, “look and feel,” color combinations, and other graphical elements of the BES and Data; and (v) all derivatives of the foregoing. You shall not remove or obscure any copyright, trademark, or other proprietary rights notice from the BES or Data.

    7.2  THE MATH LEARNING CENTER™, BRIDGES®, NUMBER CORNER®, MATH AND THE MIND’S EYE®, BUILDING MATHEMATICAL THINKERS®, and certain other trademarks, taglines, and names appearing on the BES are registered or unregistered trademarks of MLC in the United States and other countries. MLC exclusively owns all rights, titles, and interests in and to these trademarks, taglines, and names. Your use of MLC’s trademarks, taglines, and names is prohibited.

  8. Modification of Bridges Educator Site and Data; No Guarantee of Availability. MLC reserves the right to modify, update, remove, suspend access to, or discontinue the BES (or any part thereof) and/or any or all Data or services offered through the BES. The license granted herein is subject to availability of the BES, and the BES is provided “AS IS” and “AS AVAILABLE.” MLC cannot guarantee the BES will be available at all times. MLC may experience hardware, software, or other problems or need to perform maintenance related to the BES, resulting in interruptions, delays, or errors. MLC will not be liable to you, your educational institution, or any third party for any loss, damage, or inconvenience caused by your inability to access or use the BES or Data during any downtime or as a result of MLC’s suspension, modification, removal, or discontinuance of the BES or Data. Nothing in these Terms will be construed to obligate MLC to maintain and/or support the BES or to supply any corrections or updates to the BES or Data.       
     
  9. Usage Restrictions. Except as expressly authorized herein, you shall not copy, reproduce, download, scrape, store, publish, share, transmit, transfer, distribute, broadcast, circulate, sell, or otherwise use or make available Data, in whole or in part, or the BES, in whole or in part. You shall not, and shall not permit any third party to, (i) sell, rent, lease, or otherwise charge any fee to students, teachers, staff, or any other third parties for use of or access to Data or the BES; (ii) translate, modify, or create derivative works derived from or based on the BES or Data; (iii) reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code of the BES (unless expressly permitted by law); (iv) use the BES or any Data in violation of any applicable law, rule, or regulation; (v) create or compile a database of the BES or Data; (vi) access, use, download, or copy the BES or Data in order to compete with MLC in any way; (vii) use the BES or Data to design, develop, operate, support, market, distribute, or otherwise make available any program, application, product, or service that enables or provides access to, use of, operation of, or interoperation with the BES or Data; (viii) upload, post, or otherwise transmit any software virus or any other computer code intended to interrupt, destroy, or limit the functionality of the BES; (ix) attempt to gain unauthorized access to the BES; (x) impersonate any person or entity, create a false identity, or falsely state or otherwise misrepresent an affiliation with any person or entity; (xi) collect email addresses made available on the BES for purposes of promotions or marketing campaigns, or otherwise transmit, disclose, collect, or store personal information about others; (xii) solicit others through the BES; or (xiii) use the BES or Data in any manner that may adversely impact MLC’s resources or the availability of the BES to others, or in any way that disrupts the operation of the BES or Data or servers or networks that make the BES available. MLC retains the right to temporarily or permanently block access to Data and/or the BES if MLC, in its sole discretion, believes that Data and/or the BES may be used for an improper purpose or otherwise in violation of these Terms. You must report to MLC any misuse or compromise of Data, the BES, and/or your account of which you become aware.
     

  10. Disclaimer of Warranties; Limitation of Liability.  

    10.1  YOU USE THE BES AND DATA AT YOUR OWN RISK. THE BES AND DATA ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY REPRESENTATION, WARRANTY, OR GUARANTEE OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. MLC HEREBY DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER REPRESENTATIONS, WARRANTIES, AND GUARANTEES WITH RESPECT TO THE BES AND DATA, INCLUDING, BUT NOT LIMITED TO: (i) WARRANTIES OF PERFORMANCE, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SUITABILITY, SECURITY, RELIABILITY, ACCURACY, COMPLETENESS, TIMELINESS, CURRENT-NESS, LACK OF DELAYS; (ii) WARRANTIES OF TITLE IN THE BES OR DATA, OF VALIDITY OF RIGHTS IN THE BES OR DATA, AND OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS; (iii) WARRANTIES THAT ACCESS TO OR USE OF THE BES AND/OR DATA WILL BE CONTINUED, UNINTERRUPTED, SECURE, COMPLETE, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT COMMUNICATIONS MADE THROUGH THE BES WILL BE SECURE AND NOT INTERCEPTED BY A THIRD PARTY; (iv) WARRANTIES AS TO THE LIFE OF THE BES, ANY DATA, OR ANY URL; AND (v) WARRANTIES THAT ANY PARTICULAR SOFTWARE OR HARDWARE WILL BE COMPATIBLE WITH THE BES AND/OR DATA. YOU ACKNOWLEDGE THAT PROVISION OF INTERNET-BASED SERVICES INCLUDES THE POTENTIAL FOR ERRORS, INTERRUPTIONS, AND LOSSES, INCLUDING, BUT NOT LIMITED TO, THE POTENTIAL LOSS OF DATA AND/OR DAMAGE TO COMPUTERS AND DEVICES.

    10.2  WITHOUT LIMITING SECTION 10.1 OR ANY OTHER DISCLAIMERS OR LIMITATIONS OF LIABILITY IN THESE TERMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MLC (OR ITS SUCCESSORS OR ASSIGNS, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS) BE LIABLE TO YOU, YOUR EDUCATIONAL INSTITUTION, OR ANY THIRD PARTY IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), STRICT LIABILITY, OR OTHER LEGAL THEORY FOR ANY CLAIMS RELATING IN ANY WAY TO: (i) YOUR OR YOUR EDUCATIONAL INSTITUTION’S INABILITY OR FAILURE TO PERFORM WORK AND/OR TASKS PROPERLY OR COMPLETELY; (ii) ANY OF THE DATA; (iii) ANY DECISION MADE OR ACTION TAKEN BY YOU OR YOUR EDUCATIONAL INSTITUTION IN RELIANCE UPON THE BES, DATA, AND/OR THE AVAILABILITY OF THE BES AND/OR DATA; (iv) ANY CONSEQUENTIAL, PUNITIVE, EXEMPLARY, ENHANCED, INCIDENTAL, INDIRECT, OR SPECIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, LOSS OF SECURITY, LOSS OF YOUR OR YOUR EDUCATIONAL INSTITUTION’S INFORMATION, OR UNAUTHORIZED INTERCEPTION OF SUCH INFORMATION BY THIRD PARTIES); AND/OR (v) YOUR RIGHTS HEREUNDER OR USE OF, OR INABILITY TO USE, THE BES AND/OR DATA; EVEN IF MLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES IN ADVANCE. WITHOUT LIMITING THE FOREGOING, MLC WILL NOT BE LIABLE FOR PROCUREMENT COSTS OF SUBSTITUTE PRODUCTS OR SERVICES. YOU AND YOUR EDUCATIONAL INSTITUTION ASSUME RESPONSIBILITY FOR THE USE AND RESULTS OF THE USE OF THE BES AND DATA. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE BES AND/OR DATA IS TO STOP USING THE SAME.

    10.3  IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN TYPES OF DAMAGES. SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS IN THESE TERMS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. HOWEVER, IN ALL CIRCUMSTANCES, MLC’S (AND ITS SUCCESSORS’ AND ASSIGNS’, AND EACH OF ITS AND THEIR OFFICERS’, ‎DIRECTORS’, EMPLOYEES’, AND AGENTS’) MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS, IF ANY, FOR ANY CLAIMS FOR DAMAGES, LOSSES, OR OTHERWISE, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), STRICT LIABILITY, OR OTHER TYPES OF CLAIMS, WILL BE LIMITED TO USD 50.00 (FIFTY U.S. DOLLARS). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE. THE PARTIES AGREE THAT THESE TERMS HAVE BEEN ENTERED INTO IN RELIANCE UPON THESE LIMITATIONS OF LIABILITY AND THAT ALL SUCH LIMITATIONS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. NOTWITHSTANDING THE FOREGOING LIMITATIONS, IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.

    10.4  No oral or written statements made by any director, officer, employee, or agent of MLC or made on the BES may be deemed as a representation or warranty on behalf of MLC in contradiction to this Section 10 or any other provision of these Terms.

    10.5  In agreeing to the limitations of liability contained in these Terms, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of the limitations of liability to include only those claims that you may know or suspect to exist in your favor at the time of agreeing to the limitations of liability. Without limiting the generality of the foregoing, you expressly waive California Civil Code § 1542 (and any similar laws in other jurisdictions), which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

  11. Limitation of Time to File Claims. Regardless of any statute or law to the contrary, no claim or action, regardless of form, which arises out of these Terms and/or your use of the BES and/or Data, may be made more than one (1) year after the basis for the claim becomes known to the party desiring to assert it.     
     
  12. Indemnification by You. You agree to indemnify, defend, and hold harmless MLC and its successors and assigns and each of their officers, directors, employees, agents, licensors, and suppliers for, from, and against all claims, losses, damages, liabilities, awards, sanctions, fines, demands, settlement amounts, and costs and expenses, including reasonable attorneys’ fees, arising out of (i) your violation of any law, rule, or regulation; (ii) your noncompliance with these Terms; (iii) your misuse of the BES and/or Data and/or your use of the BES and/or Data otherwise than in accordance with these Terms; and/or (iv) your infringement, misappropriation, or other violation of any third-party rights and/or any third-party claim that MLC infringes, misappropriates, or otherwise violates any third-party rights arising out of MLC’s use of user-generated content you submitted through the BES.
     

  13. Entire Agreement; Modification of Terms.

    13.1  These Terms and the Privacy Statement embody the entire understanding between you and MLC with respect to the BES and Data. You agree that a printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings relating to these Terms and/or your use of or access to the BES, to the same extent as other business documents and records originally generated in printed form.

    13.2  Unless otherwise provided in these Terms, MLC may amend these Terms, and, in such event, MLC will post the amended Terms on the BES. Any changes will be effective when MLC posts the amended Terms. If required by law (or if MLC elects to), MLC will provide the changes to you via the contact information MLC has for you at that time (if any), and such changes will be effective when MLC provides the changes to you. You, however, waive the right to receive any specific notice of changes to these Terms, and you agree to be bound by the Terms currently in effect each time you access the BES. Your use of the BES following such revision constitutes ‎‎your acceptance of and agreement to these Terms, as revised. Notwithstanding anything to the contrary in this Section 13.2, any changes to the dispute resolution provisions in Section 18 will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the BES.

  14. Audit Rights and Enforcement. MLC has the right, but not the obligation, at any time and with any frequency, to audit your use of the BES and/or Data to determine your compliance with these Terms. MLC may cooperate with any legal process relating to your use of the BES and/or Data and/or any third-party claim that your use of the BES and/or Data is unlawful or violates any third party rights.     
     
  15. Force Majeure. MLC’s performance under these Terms is subject to interruption and delay due to causes beyond its reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, pandemic or other disease, the elements, fire, explosion, power failure, equipment failure, industrial or labor dispute, inability to obtain supplies and the like; and MLC will have no responsibility or liability arising from its delay or failure to perform arising from such causes beyond MLC’s control.     
     
  16. Notices; Electronic Communications. Unless otherwise set forth in these Terms, notices from MLC to you may be made via postings to the BES, by email, or by regular mail (sent by Express Mail or by certified or registered mail, return receipt requested, with all postage and charges prepaid), in MLC’s discretion. You agree that all notices that MLC sends you electronically satisfy any legal requirement that such notices be in writing. Notices to MLC must be in writing and delivered via MLC’s contact form, by email to legal@mathlearningcenter.org, or by regular mail (sent by Express Mail or by certified or registered mail, return receipt requested, with all postage and charges prepaid). 
     

  17. Governing Law; Venue. 

    17.1  The BES is controlled and operated from the United States and is not intended to (and will not be deemed to) subject MLC to non-U.S. jurisdiction or laws. The BES may not be appropriate or available for use in some jurisdictions outside of the United ‎States, and use of the BES is unauthorized in any jurisdiction that does not give effect to all of these Terms.‎ If you access the BES, you do so at your ‎‎own risk, and you agree to comply with all applicable laws, rules, and ‎‎regulations in connection with your use of the BES, including, but not limited to, export control laws.

    17.2  These Terms and any dispute that may arise between you and MLC regarding the BES and/or Data will be governed by, and construed in accordance with, the laws of Oregon, U.S.A., without regard to conflict-of-laws principles that might result in the application of the laws of any other jurisdiction. In the event of a dispute, arbitration or litigation will take place in either Marion County or Multnomah County, Oregon. Each party submits to the exclusive jurisdiction and venue of the courts located in Marion County and Multnomah County, Oregon, for any litigation arising out of these Terms, and each party waives any jurisdictional, venue, or inconvenient forum objections thereto.

    17.3  You agree that any dispute between you and MLC under these Terms or relating to use of the BES and/or Data will be conducted only on an individual basis and not in a class, consolidated, or representative action. You further agree to waive your right to a jury trial in connection with any litigation related to these Terms and/or use of the BES and/or Data.

  18. Dispute Resolution.

    18.1  In case of a dispute involving these Terms, the BES, and/or Data, the parties shall attempt to select a mediator acceptable to both. If they are unable to do so, each party will nominate a professional mediator. Those two mediators will designate a third mediator, and all three will mediate the dispute. The parties shall equally share the cost of the mediator(s). Each party shall pay its own legal fees.

    18.2  If a dispute is not resolved by mediation within forty-five (45) days after appointment of the mediator(s), then either party may seek to resolve the matter finally by arbitration by a sole arbitrator under the rules of the Arbitration Service of Portland, Oregon, USA. If such service is no longer in business, then the arbitration will be under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction. The parties shall equally share cost of the arbitrator. Each party shall pay its own legal fees.

    18.3  Notwithstanding the foregoing, you acknowledge and agree that your failure to comply with any material provision of these Terms will cause irreparable injury to MLC, and that MLC will be entitled, in addition to any other rights and remedies it may have at law and/or in equity, to specific performance and an injunction (without proving damages and without posting a bond or other security) enjoining or restraining further breach or noncompliance, or threatened breach or noncompliance.

  19. Privacy. For information on how MLC collects and uses personal information and automatically-collected information collected through your use of the BES, view MLC’s Privacy Statement. The BES is hosted in the United States. This means that if you use the BES and if we collect your personal information through your use of the BES, your personal information will be processed by MLC in the United States, which (in the absence of an adequacy decision from the EU Commission or similar body from another country or territory) might not have the same level of data protection as in your country. However, MLC has taken appropriate safeguards to require that your personal information will remain protected in accordance with MLC’s Privacy Statement.     
     
  20. Security. For information regarding the security of personal information and automatically-collected information that is collected through your use of the BES, please see MLC’s Privacy Statement.     
     
  21. Compliance with Government Requests. Nothing in these Terms limits MLC’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the BES and/or Data or information provided to or gathered by MLC with respect to such use.     
     
  22. Links to Third-Party Websites. The BES may provide links to third-party websites or resources that MLC does not own, operate, or control. MLC is not responsible or liable for (i) the availability of such external sites or resources; (ii) content, advertising, products, or services on such sites or resources; or (iii) damage or loss caused by use of or reliance on such sites or resources. If you click on the links, you will leave the BES and be subject to the terms of use and privacy policies of the linked sites.
     

  23. Web Forums; Blogs; Comments. MLC may provide one or more blogs or web forums that may be accessed through the BES. Web forum and blog content, including comments, attachments, shared lessons, URLs, and all other user-generated content (collectively, “user-generated content”), is the sole responsibility of the person supplying the user-generated content; and MLC disclaims any and all responsibility to review or control such content and all other responsibility and liability for such content. Opinions expressed on MLC blogs or web forums and in any corresponding comments are the personal opinions of the original authors, and not necessarily that of MLC. You agree that your reliance on user-generated content will be at your own risk.

    23.1  Ownership of and Right to Use User-Generated Content. If you choose to post user-generated content to MLC’s web forums, blogs, or other areas of the BES, you consent to MLC’s collection and posting of such user-generated content, and you grant MLC permission to use (and to allow third parties to use) such user-generated content in connection with the operation of the BES and MLC’s business generally, including, but not limited to, for MLC’s advertising and marketing purposes. You grant MLC the unrestricted, perpetual, irrevocable, worldwide, transferable, sublicensable, royalty-free, and fully-paid-up nonexclusive right and license to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, reformat, and create derivative works based on your user-generated content; and to publish your name and city of residence in connection with your user-generated content (though MLC is not obligated to use your name or city of residence or to give you attribution or credit for your user-generated content). You agree that MLC may use your user-generated content in any media, now known or hereafter developed. You will not be paid for MLC’s use of your user-generated content. MLC does not claim ownership of your user-generated content, unless otherwise expressly provided on the BES. You acknowledge that MLC may have something similar already under development, and you agree MLC will own all right, title, and interest in and to what MLC creates or develops without use of your user-generated content. You agree that MLC will have no responsibility or liability to you or any third party for any use or misuse of your user-generated content by any BES user.

    23.2  Conduct Relating to Your User-Generated Content. If you post user-generated content to MLC’s web forums, blogs, or other areas of the BES:

    1. You are solely responsible for your user-generated content. Upon your request, MLC may, but has no obligation to, remove user-generated content that you post, but copies may remain in MLC’s storage media. MLC may make archival and back-up copies of, and may store, user-generated content you post (and drafts of user-generated content that you never actually post), indefinitely. You agree, however, that MLC has no responsibility or liability for the deletion of or failure to store or transmit this user-generated content;
    2. You must not post user-generated content for unlawful purposes. MLC reserves the right to disclose your user-generated content (including drafts you never post) as necessary to satisfy any applicable law, regulation, or governmental request;
    3. You must not post user-generated content using automated means;
    4. MLC may, but is not obligated to, prescreen and/or monitor user-generated content posted to the BES. MLC reserves the right, however, to decide whether to remove posts, without notice or liability to the user who posted the user-generated content or any other user; and
    5. You represent and warrant that you have the right to share your user-generated content, and that MLC’s use of your user-generated content and inclusion of it on the BES, does not and will not infringe, misappropriate, or otherwise violate any third-party copyright, trademark right, patent right, trade secret right, any other proprietary right, privacy right, right of publicity, or other right. You shall be solely responsible and liable for damages or harm resulting from your user-generated content.

  24. Infringement Policy. MLC has adopted this Infringement Policy in accordance with the Digital Millennium Copyright Act of 1998, including the Online Copyright Infringement Liability Limitation Act. MLC will respond to notices of alleged copyright infringement that substantially comply with the requirements set forth here. MLC does not act as an arbiter or judge of disputes about intellectual property rights. It is MLC’s policy to remove content posted by users on the BES (including its blogs and web forums), which content MLC believes in good faith is infringing a copyright. By removing content, as a prudential matter, MLC does not endorse or validate a claim of infringement. If MLC removes user-generated content from the BES, MLC will make a good-faith attempt to contact the user who posted the content so the user may make a counter-notice.

    24.1  Designated Agent. MLC’s designated agent for infringement notices and counter-notices: The Math Learning Center, Attn: DMCA Agent, P.O. Box 12929, Salem, Oregon 97309-0929; legal@mathlearningcenter.org

    24.2  Infringement Notices. If you believe your work has been displayed on the BES in a way that infringes your copyright, provide written notice to MLC’s Designated Agent via mail and/or email. You may be liable for damages, including, but not limited to, attorneys’ fees and costs, if you materially misrepresent that your work has been infringed. If you are unsure whether your work has been infringed, MLC recommends that you contact an attorney before sending notice to MLC. Use this format for your notice: (i) identify your work that you believe has been infringed by content on the BES; (ii) identify all content that you claim infringes your work, describe how the content infringes your work, and describe where the content is on the BES; (iii) provide your full name, mailing address, telephone number, and email address; (iv) include a statement that, under the penalty of perjury, you have a good-faith belief that use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law; (v) include a statement that the information in the notice is accurate, and, under penalty of perjury, that you are the copyright owner or that you are authorized to act on behalf of the owner of the right that is allegedly infringed; and (vi) sign the notice physically or electronically. You acknowledge that MLC may provide some or all of the information in your notice (including your name and contact information) to the individual who or entity that posted the allegedly-infringing content. In addition, it would help if you included a copy of the copyright Certificate of Registration (if any) or other information that supports your claim that your work is protected by copyright and that you are the owner of that copyright or are authorized to act on behalf of the owner. If your notice contains the required information, and if MLC has a good-faith belief that the content is infringing your copyright, MLC will remove the content.

    24.3  Counter Notices. The provider of affected content may make a counter notice by writing to MLC’s Designated Agent via mail and/or email. You may be liable for damages, including, but not limited to, attorneys’ fees and costs, if you materially misrepresent that your content is not infringing the copyright of a third party. If you are unsure whether your content infringes the copyright of a third party, MLC recommends that you contact an attorney before sending notice to MLC. Use this format for your notice: (i) identify the content that has been removed, including a description of where the content was on the BES before it was removed; (ii) provide your full name, mailing address, telephone number, and email address; (iii) include a statement that, under the penalty of perjury, you have a good-faith belief that the content was removed as a result of mistake or misidentification of the content to be removed; (iv) include a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or, if your address is outside the United States, in the Federal District Court of Oregon, and that you will accept service of process from the person who provided notice of the alleged infringement or an agent of such person; and (v) sign the notice physically or electronically. You acknowledge that MLC may provide some or all of the information in your notice (including your name and contact information) to the individual who or entity that complained of the alleged infringement. After reviewing your counter notice, MLC might reinstate the content on the BES.

  25. Severability. If any provision of these Terms is determined by a competent authority to be unenforceable or invalid under applicable law, then the unenforceable or invalid provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision, and all other provisions of these Terms will continue in full force and effect.     
     
  26. Relationship. These Terms do not create a partnership, joint venture, employee-employer, broker-dealer, agency, or franchise relationship between you and MLC.     
     
  27. No Third-Party Beneficiaries. The parties do not confer and do ‎not intend to confer any right or ‎remedy on any third party. Nothing in these Terms will be construed ‎to give any person or entity (other than the parties) any legal or equitable right, ‎remedy, or claim under these Terms.     
     
  28. No General Waivers. The failure of a party to require performance of any provision or to resort to any remedy provided under these Terms will not affect the right of that party to require performance or to resort to a remedy at any time thereafter, nor will the waiver by a party of a breach be deemed to be a waiver of any subsequent breach.     
     
  29. California Consumer Rights Notice. Under California Civil Code Section 1789.3, California residents are entitled to the following consumer rights notice: The provider of the BES and the Data is The Math Learning Center, 1850 Oxford Street SE, Salem, Oregon 97302. As of the Effective Date shown above, your use of the BES is paid for by your educational institution (or you and your educational institution were given free access), and you will not be charged directly for use of the BES. For educational institutions, use of the BES is included with your purchase of Bridges in Mathematics Third Edition Classroom Package, and/or Number Corner Third Edition Classroom Package, and/or Bridges Intervention Revised Set. If you are a California resident, you may report complaints about the BES to, or request information regarding the BES from, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. MLC requests that you first report complaints directly to MLC and try to resolve them with MLC before contacting the Complaint Assistance Unit.     
     
  30. Questions. For usage questions and/or questions regarding these Terms, please contact MLC.     
     

Privacy

Effective Date: August 30, 2012; Last Updated: April 25, 2023

Introduction

Your privacy is important to The Math Learning Center (“MLC,” “us,” “our,” and/or “we”). This Privacy Statement describes our information and privacy practices that apply when you use the Bridges Educator Site, located at https://bridges.mathlearningcenter.org and https://teach.mathlearningcenter.org, depending on the edition to which you have access (the “BES”). Please note that MLC’s website accessible through https://www.mathlearningcenter.org (including the store accessible through our website) and our educational applications each have their own separate Privacy Statements. If you use our other websites and/or our educational applications, the applicable Privacy Statements will govern such use. We recommend you review such Privacy Statements before using our other websites or our educational applications.

We may need to update and revise this Privacy Statement from time-to-time in response to changing legal, technical, or business developments. We will post any new or revised Privacy Statement here. You can determine whether this Privacy Statement has been revised since your last visit by referring to the Last Updated date at the top of this page. If changes are significant, we will notify you of such changes to this Privacy Statement by posting a notice on the homepage of the BES, or by some other appropriate manner consistent with the significance of the changes we make, and will make a note of the changes in the Change Log at the bottom of this Privacy Statement. We will obtain your consent to significant changes to this Privacy Statement if and where this is required by ‎applicable data protection laws, and provided we have current contact information for you.‎

This Privacy Statement explains:

  • What personal data we collect about you when you use the BES, why we collect it, who it goes to and how long we keep it for;
  • How we use your personal data;
  • How we protect your personal data; and
  • Your legal rights in respect to your personal data, including how to access and update the information we hold about you.

Please note that some of the provisions of this Privacy Statement will apply only if you are based in the EU.

This Privacy Statement contains the following sections:

  • Types Of Information Collected
    • Information You Provide Voluntarily
    • Information That We Collect Automatically
    • Information Provided by Our Customers
  • How We Collect Automatically Collected Information
    • Cookies
    • Automatically Collected Information Provided to Us by Google Analytics™
  • How We Use the Collected Information
    • Information We Collect Automatically
    • Information You Provide Voluntarily
  • Disclosure of Collected Information to Others
    • Third-Party Service Providers
    • Merger, Acquisition, or Sale
    • Required by Law
    • Public Areas of the BES
  • Information Stored in the United States
  • Securing Collected Information
  • Legal Basis for Processing Personal Information
  • Your Data Protection Rights
  • How to Stop Marketing Communications
  • Updating & Correcting Personal Information
  • Retention & Storage
  • Links to Third-Party Websites, Products & Services
  • MLC Login Areas
  • Severability
  • Contact Us
  • Change Log

PLEASE READ this Privacy Statement before you use the BES. Your use of the BES signifies to us that you have read and understood all of the terms of this Privacy Statement.

TYPES OF INFORMATION COLLECTED

A. Information You Provide Voluntarily

Certain features of the BES may ask you to voluntarily provide personal information. Some common ways you may be asked to provide personal information include when you:

  • Contact us through the BES;
  • Create an account on the BES; and
  • Participate in testing of new products or services on the BES.

Depending on the nature of your interaction with us, the information collected on the BES may consist of information including, but not limited to, your full name; email address; other information that could be used to contact you via mail, in person, or online or to identify you personally; demographic information (such as your time zone); the class(es) or grade level(s) you work with; employment-related information, such as your job title; information about your school or institution, including type, name, size, number of students enrolled; personal information you input into any message box if you fill out a “Contact Us” form or similar form on the BES; information submitted to us via email; information you input into any open text box or search box, including search terms, comments, and other miscellaneous information; and any other information you actively enter into the BES.

When we ask you to provide personal information on the BES, including for the provision of required personal information, we will explain the reasons you are asked to provide that information. Generally, and unless otherwise indicated, any required information that you may be asked to provide is needed to provide you with the products and services requested by you on the BES. In some instances, if you choose not to provide us with your personal information, you may not be able to use certain features of the BES.

B. Information That We Collect Automatically

As mentioned above, we use certain analytics tools on our BES to collect usage and performance data. As soon as you navigate to the BES and continue to browse through the BES, these analytics tools automatically collect and store certain information from your computer or device about your visit such as your IP address or mobile device ID. In some countries, including those in the European Economic Area, some of this information may be considered personal information under applicable data protection laws.

As described in the How We Collect Automatically Collected Information section below, some of the specific information we may collect automatically when you visit the BES includes usage data, such as the date and time of visit, duration of visit, type of web browser used, operating system/platform used, your IP address or mobile device ID, the websites from which you linked to the BES, and your CPU speed. We may also note whether and how you use the BES by recording site traffic patterns and “clickstreams.”

Some of the usage data is collected by Google Analytics™ and provided to us, as explained in greater detail in the Automatically Collected Information Provided to Us by Google Analytics™ section below.

This automatically collected information allows us to better understand the visitors who come to the BES, where they come from, and what ‎content on the BES is of interest to them. We only ever use this automatically collected information for our internal analytics purposes, to diagnose problems with our ‎servers, and to improve the quality, performance, and functionality of the BES, and its ‎relevance to our users‎, and to suggest features, resources, or content that may be of interest to our users.

C. Information Provided by Our Customers

Because we provide accounts and access to our BES to our institutional customers (e.g., schools and school districts) for use by their end-users (e.g., teachers and administrators), our institutional customers may provide limited information about their end-users in order to (i) set up and maintain the end-user accounts within the BES, and (ii) for us to be able to provide access to the BES to end-users. In such instances, any information provided by the customer will be limited to a username and password, and first and last names. However, in most cases the end users provide this information themselves. In addition, if needed, end-users can update this information when accessing their BES account.

HOW WE COLLECT AUTOMATICALLY COLLECTED INFORMATION

A. Cookies

We use cookies to facilitate navigation and internet sessions on the BES. A cookie is a text file containing small amounts of information that are downloaded to a device when ‎it visits a website.‎ Standing alone, a cookie does not identify personal information of a user; rather, it identifies the computer, mobile device, or browser that a user uses to access the BES. Cookies may be used to remember your personal settings, pre-fill forms for you, and to monitor your use of the BES to improve our services.

Most browsers allow you to refuse to accept cookies and to delete cookies, though the methods for doing so may vary from browser to browser. Information about managing cookies in commonly used browsers is available online from www.allaboutcookies.org.

Types of Cookies and Why We Use Them

There are two types of cookies: Session-based and persistent-based. Session cookies exist only during one session, and they disappear from your computer or device when you close your browser software or otherwise end your session. Persistent cookies remain on your computer or device after you close your browser or otherwise end your session.

We use session cookies to provide us with information about the BES features used and activities conducted while you are using the BES. We also use session cookies to help process information you input into the BES.

There are four general categories of cookies. A description of each category of cookie is below, followed by a table describing the categories of cookies we use on the BES.

  • Strictly necessary cookies. These cookies are essential to enable you to move around a website and use its features. Without these cookies, services you have asked for, like logging into a secure area of our BES, cannot be provided.
  • Performance / analytical. These cookies collect information about how visitors use our BES. The information collected by these cookies is performance and usage data such as that collected by Google Analytics™ as described throughout this Privacy Statement.
  • Functionality cookies. These cookies allow a website to remember choices you make (such as your username or ID, language preference, or the area or region you are in) and provide enhanced, more personal features. They may also be used to provide services you have asked for. The information these cookies collect may be anonymized, and they cannot track your browsing activity on other websites.
  • Targeting and advertising cookies. These cookies track browsing habits and are used to deliver targeted (interest-based) advertising. They are also used to limit the number of times you see an ad and to measure the effectiveness of advertising campaigns. They are usually placed by advertising networks with the website operator’s permission. They remember that you have visited a website and this information is shared with other organizations, such as advertisers.

We use the following categories of cookies for the reasons described below:

CategoryDo we use?Purpose and Description
Strictly NecessaryYesWe use these cookies to enable you to navigate the BES and use certain features, including accessing your account.
PerformanceYesWe use these cookies to improve the performance of our BES, and enhance your experience. Google Analytics™ automatically collect certain usage and performance data from our BES users. The information these cookies collect is aggregated and anonymous information, and we are never provided with your personal information from these cookies.
FunctionalityYesWe use session-type functionality cookies to enable the website to temporarily remember choices you make on the BES, and to provide a more personalized experience. You can customize or disable these cookies through your browser settings, however doing so may prevent the BES from functioning properly. A link to cookie management resources for commonly used browsers is above.
AdvertisingNoWe do not use any advertising, targeting, or marketing cookies on our BES.

B. Automatically Collected Information Provided to Us by Google Analytics™

When you use the BES, Google Analytics™ may automatically collect ‎information from you through the use of Google’s analytics IDs, and Google provides some of this information to us. An analytics ID is a specific string of numbers and letters (often called a “character string”) that is assigned to your computer or device but does not name you. The analytics ID allows Google to track usage data of the BES, such as date and time of visit, duration of visit, BES traffic patterns, “clickstreams,” other similar ‎information about your use of the BES, ‎the type of web browser used, the operating ‎system/platform you are using, your IP address, the ‎websites that referred or linked you to our ‎BES, and your CPU speed.‎ Google Analytics™ provides information about the use of our BES to us in aggregate form (i.e., data about many BES users combined and not just about you). Some of this data might include the regional location of BES users, but again, this data will be in aggregate (and not individual) form. We might use information we receive from Google Analytics™ to learn how users are using the ‎BES and to improve the BES. We will not receive the analytics ID assigned to your computer or device that you use to access and use the BES.

HOW WE USE THE COLLECTED INFORMATION

We use information that we collect about you or that you provide to us for the reasons described in this Statement. In general, we will use the personal information we collect from you only for the purposes ‎described in this Statement or for purposes that we explain to you at the time we collect your ‎personal information. However, we may also use your personal information for other purposes ‎that are not incompatible with the purposes we have disclosed to you if and ‎where this is permitted or required by applicable data protection laws.‎

We may use both Automatically Collected Information and your personal information to help diagnose problems with the BES; to analyze statistical use patterns and demographic data; and to improve our BES, products, and services.

Please note that we may aggregate Automatically Collected Information and your personal information we collect as you use the BES with Automatically Collected Information and your personal information we collect from your use of our other websites and/or educational applications. In these cases, however, Automatically Collected Information is never un-aggregated; in other words, we cannot use personal data to relate Automatically Collected Information to a specific individual.

A. Information We Collect Automatically

As described in the sections on Automatically Collected Information above, we use Automatically Collected Information in an effort to ensure that the BES will appear and function appropriately on your computer, to help us improve the BES, including by helping to diagnose problems with the BES and analyze statistical use patterns and demographic data, and to determine how you connect to the BES. We may also use Automatically Collected Information to track what our users are looking at most frequently so we can recognize and deliver more of the desired features, products, and services.

B. Information You Provide Voluntarily

As described above, we may use personal information you voluntarily provide to us to provide you with access to your account, to respond to your information requests, to provide information about products or services that may be of interest to you, or to provide information regarding MLC, upcoming events and workshops, new products, and other general information about our products and/or services. See the section below entitled “How to Stop Marketing Communications” for instructions regarding how to contact us to request that we stop contacting you for marketing purposes.

DISCLOSURE OF COLLECTED INFORMATION TO OTHERS

Except in the limited circumstances stated in this Privacy Statement, we do not share, sell, or otherwise transfer or disclose your personal information to any third party.

A. Third-Party Service Providers

We may provide your personal information and Automatically Collected Information to third parties that provide us with data processing services to the extent necessary and appropriate, in our discretion, to perform certain marketing or BES-related services on our behalf (e.g., improving security, services and features, directing mailings, conducting website analytics, or other data processing as described in this statement or described to you when we collect your information). These third parties are required to keep the information confidential and are not authorized to process your personal information or Automatically Collected Information for any other purpose other than as instructed by us.

B. Merger, Acquisition, or Sale

We may transfer your personal information and Automatically Collected Information to an actual or potential buyer (or its agents), in the event of a sale or transfer of assets or other disposition of all or any portion of our business. In this event, we will notify the buyer that it may process your information only in accordance with the purposes described in this statement, and, if allowed, we will use reasonable efforts to notify you when your personal information and Automatically Collected Information is transferred to any third party under this paragraph by posting such notice on the BES and/or by contacting you via the personal information you have provided us, if any.

C. Required by Law

Notwithstanding anything to the contrary in this Privacy Statement, we may also use and/or disclose your personal information and Automatically Collected Information, to any competent law enforcement body, regulatory, government agency, court or other third party if we believe we are legally obligated to do so; if we believe disclosure is necessary to protect, establish, or exercise our legal rights or defend against legal claims; or if we believe disclosure is necessary to protect our other customers, third parties, or our employees, property, or business.

D. Public Areas the BES

The BES may contain one or more areas where users can post content that will be viewed by other BES users. When you voluntarily disclose personal information on these areas for public viewing, the information may be collected, stored, used, and disclosed by other users of the BES. Such activities by other users are beyond our control, and we shall have no responsibility for or liability regarding the protection or security of such information. Do not post information that you want to keep private on these areas of the BES.

INFORMATION STORED IN THE UNITED STATES

Your use of the BES may involve your personal information being transferred to, and processed in, countries other than the country in which you reside. These countries may have data protection laws that are different than the laws of your country (and, in some cases, may not be as protective).

Specifically, we are headquartered, and our BES is hosted, in the United States. This means that if you use our BES and if we collect your personal information through the means described in this Statement, your personal information will be processed by us in the United States, which (in the absence of an adequacy decision from the EU Commission or similar body from another country or territory) may not have the same level of data protection as in your country. However, we have taken appropriate safeguards to require that your personal information will remain protected in accordance with this Privacy Statement.

SECURING COLLECTED INFORMATION

We use commercially reasonable physical, electronic, and managerial security measures to assist in protecting against the loss, misuse, and unauthorized alteration of your personal information that is under our control. This includes the use of firewalls, encryption during transmission and at rest, vulnerability scans, and other security measures. That said, no data storage system, or system of transmitting data over the internet, can be guaranteed to be 100% secure. As a result, we cannot guarantee the security of our servers, the means by which information is transmitted between your computer and our servers, or any personal information provided to us.

LEGAL BASIS FOR PROCESSING PERSONAL INFORMATION

Our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it.

Generally, we will collect personal information from you only (i) where we need the personal information to perform a contract with you (e.g. to provide you with information or services you request from us), (ii) where the processing is in our legitimate interests (or those of a third party), such as monitoring and improving the BES, and not overridden by your data protection interests or fundamental rights and freedoms, or (iii) where we have your consent to do so. In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person.

If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us using the contact details provided under the "Contact Us" heading below.

YOUR DATA PROTECTION RIGHTS

If you are a resident in certain territories (such as, but not limited to, the European Economic Area), subject to applicable local law, you have the following data protection rights:

  • If you wish to access, correct, update, or request deletion of your personal information, you can do so at any time as described in the “Updating & Correcting Personal Information” heading below.
  • In addition, you can object to processing of your personal information, ask us to restrict processing of your personal information, or request portability of your personal information. You can exercise these rights by contacting us at MLCinfo@mathlearningcenter.org.
  • You have the right to opt out of marketing communications we send you at any time. You can exercise this right at any time as described in the “How to Stop Marketing Communications” section below.
  • If we collect and process your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent. You can exercise these rights by contacting us at MLCinfo@mathlearningcenter.org.
  • If you are a resident of the European Economic Area, you have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority. (Contact details for data protection authorities in the European Economic Area are available here.)

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. Before responding to your request, we may ask you to verify your identity and/or provide further details about your request.

We provide the ability to opt out of marketing communications and to change or modify your personal information, regardless of your residency, as described below.

HOW TO STOP MARKETING COMMUNICATIONS

If you subscribe to our MLC e-newsletter (“Newsletter”), for example, by creating an account on the BES, please be advised that in each edition of the Newsletter we may include information on some of our offerings, including: professional development opportunities, online courses and/or webinars, and occasionally information about some of our products. You can revoke your consent to receive the Newsletter at any time by using the unsubscribe link found at the bottom of each edition of the Newsletter. You may also opt out of receiving future marketing notices by contacting us at MLCinfo@mathlearningcenter.org. If you request that we not contact you for marketing purposes (either by using the unsubscribe mechanism or by sending us an email), we reserve the right to contact you for non-marketing purposes relating to your use of the BES.

UPDATING & CORRECTING PERSONAL INFORMATION

If you have voluntarily given us personal information through the BES (such as by completing a form on the BES), you may update or change your personal information by sending an email request to MLCinfo@mathlearningcenter.org.

If you request that your personal information be changed or deleted from our databases, we will use commercially reasonable efforts to remove your personal information from our databases, but see the section entitled “Retention & Storage” below regarding why we may still maintain some information.

RETENTION & STORAGE

We will retain your personal information until you ask us to remove it from our databases, and otherwise for only as long as we need it to carry out the purposes for which we collect and use it. In some instances, we will retain your information where we have an ongoing legitimate business need (such as for legal, tax, or accounting purposes), or where we are required to retain certain information to comply with any applicable law, rule, regulation, or guideline; to prevent fraudulent activity; or to protect ourselves against liability. We will also retain your email address if you opt out of marketing communications for the purpose of being able to identify you as an individual who does not wish to receive marketing communications from us.

When we have no ongoing legitimate business need to process your personal information, we will either delete it or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

LINKS TO THIRD-PARTY WEBSITES, PRODUCTS & SERVICES

This Privacy Statement applies only to information collected through the BES and email. The BES may contain links to other websites or educational applications (“Linked Sites”), products, and services that are not owned or controlled by us. We are not responsible for and have not reviewed the privacy practices of the Linked Sites, or the owners or operators of the Linked Sites, products, or services. The owners and operators of the Linked Sites, products, or services may have their own policies regarding privacy and security. You should review any Linked Sites, products, or services for their own privacy practices to determine what information about you may be collected and used when you use such Linked Sites, products, or services.

SEVERABILITY

If any part of this Privacy Statement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will not affect the validity and enforceability of any other provision.

CONTACT US

If you have any comments or questions about this Privacy Statement or the use of your Personally Identifiable Information and Automatically Collected Information, please contact us at MLCinfo@mathlearningcenter.org.

CHANGE LOG

April 25, 2023 – Updated this Privacy Statement to clarify that it only applies to our BES, and not to our other websites or educational applications, including that we removed content from this Privacy Statement that only applies to our other websites or educational applications. Also updated Section C under Types of Information Collected, clarifying that the use of automatically collected information to improve the quality, performance, functionality, and relevance of the BES, as already disclosed, includes the use of that automatically collected information to suggest features, resources, and content that may be of interest to users.