Terms of Use

General Terms of Use for Coolmath's Content

By accessing or using the site, you agree to be bound by this agreement and the terms of our privacy policy at http://www.coolmath-games.com/privacyp which are incorporated by this reference.  This agreement shall remain in full force and effect while you use any of the Coolmath family of sites.

Coolmath.com LLC makes no promises that our visitors’ grades will improve by the use of any of our family of sites.

Coolmath.com LLC does not guarantee the accuracy of any information included in any of our family of sites, nor do we guarantee the accuracy of the information included in any of the sites we link to.

The information included in our family of sites is meant to supplement standard academic courses and classroom instruction.

We are not responsible for any of the content included in any of our licensed content that is authored by people not employed by Coolmath.com LLC, such as our games at Coolmath-Games.com.

Coolmath is not responsible for any ads that may appear on our sites via error or malware viruses. 

All materials on this site, as well as the organization and layout of the site, (except for our licensed content such as the games at Coolmath-Games.com) are owned and copyrighted by Coolmath.com LLC and may be accessed or printed for your personal non-commercial use only. Without the prior written permission of Coolmath.com LLC, you may not copy, modify, distribute or transfer any material on this site, in whole or in part.

YOUR USE OF THE COOLMATH FAMILY OF SITES IS ON AN "AS IS," "AS AVAILABLE" BASIS, AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL MALICIOUS AGENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, SHALL COOLMATH, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, ADVERTISERS, SUPPLIERS, CONTENT PROVIDERS AND LICENSORS (COLLECTIVELY, THE “COOLMATH PARTIES”) BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR USE OF THE COOLMATH FAMILY OF SITES FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHERE WE ARE NOT LEGALLY ENTITLED TO EXCLUDE ALL LIABILITY, OUR TOTAL LIABILITY FOR ANY LOSS OR DAMAGE RELATING TO THE COOLMATH FAMILY OF SITES SHALL NOT EXCEED AN AMOUNT EQUAL TO THE SUBSCRIPTION FEES (IF ANY) PAID BY YOU TO US. Your sole and exclusive remedy under this Agreement is as expressly set forth herein. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above exclusions or limitations may not apply to you.

You agree to use the Coolmath family of sites in compliance with all applicable laws, regulations and rulings.  We reserve the right to terminate or restrict your access to the Coolmath sites in our sole discretion if we believe you are using a site in a way that violates these Terms of Use or infringes upon another person’s rights.

You agree to indemnify and hold the Coolmath Parties harmless from any claim, demand, or damage, including costs and reasonable attorneys' fees, asserted by any third party due to or arising out of your use of the Coolmath family of sites.

Irrespective of the residence of any user, these Terms of Use shall be governed by New York law excluding its conflicts of law principles.  Except for claims related to intellectual property and disputes that qualify for small claims court, any dispute that arises shall be resolved by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes, in New York, New York.  NO CLASS ACTION MAY BE PURSUED OR MAINTAINED WITH RESPECT TO ANY DISPUTE REGARDING THESE TERMS OF USE.

We administer the Coolmath family of sites from the United States of America. If you choose to access the Coolmath sites from outside the United States, you consent to the transfer of information outside of your country of residence to the United States of America.

Note: This document is subject to change at any time. When it does, the changes will be posted on this page. Your continued use of the Coolmath family of sites indicates that you accept the terms spelled out in this document.


About Coolmath Subscriber-only Content

Subscriptions may be available to access Coolmath subscriber-only content.  If you are under 18 years of age, please have your parent or guardian register, complete the purchase and agree to these Terms of Use on your behalf.  In such instances “you” means you and your parent or guardian. The information you provide for registration is necessary to confirm your identity when you visit the site and to process your payment(s).  We will use your information in accordance with our privacy policy.

While Coolmath believes and intends that its information security practices reflect good practice, there is no such thing as perfect information security. As such, you assume the risk of security breaches and all consequences resulting from them. You must safeguard your login credentials and not share them with any other person. Only one individual may access the subscriber-only content at the same time using the same user name or password.

By subscribing to use the subscriber-only content, you agree to pay the associated fees.  SUBSCRIPTIONS FOR SUBSCRIBER-ONLY CONTENT ARE AUTO-RENEWING.  THIS MEANS THAT WE WILL BILL THE CREDIT CARD THAT YOU PROVIDE TO US UPON YOUR INITIAL PURCHASE OR AT THE END OF YOUR FREE TRIAL (IF APPLICABLE) AND ON A RECURRING BASIS AT THE BEGINNING OF EACH RENEWAL PERIOD. BY SIGNING UP FOR THE SERVICE, YOU AUTHORIZE RECURRING CHARGES TO YOUR CREDIT CARD.  You agree that Coolmath will not be responsible for any expenses that you may incur resulting from overdrawing your bank account or exceeding your credit limit as a result of an automatic charge made under this agreement.

You agree to keep your account and payment information current at all times.  To make changes to your payment or account information, please contact us at subscriptions@coolmath.com.  Please also let us know immediately if you suspect any unauthorized use of your credit card or login credentials. 

Please note that we use a third party not affiliated with us to process payments for the subscriber-only content. You agree that the third party processor is solely responsible for controlling, handling, processing, or fulfilling purchases processed through its systems.  You may be subject to additional terms of use and/or privacy policies of the third party processor when you purchase subscriber-only content.

Should you wish to cancel your subscription, please let us know in advance of your renewal date by contacting us at subscriptions@coolmath.com.  Annual subscribers may cancel their subscription within thirty (30) days of being charged and receive a refund.  For all other subscribers, you must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card.   We reserve the right to issue refunds at our sole discretion. If we provide a refund, we are not obligated to do so again in the future.  We may cancel your subscription at any time.  If we cancel your subscription for a reason other than for cause (cause being, for example, your breach of these Terms of Use), we will issue you a refund for your unused portion of your subscription.

Rates for subscriber-only content are subject to change.  The then-current rate will be charged upon auto-renewal.  Contact us at subscriptions@coolmath.com should you wish to cancel your subscription after a rate increase for a refund.

From time to time we may offer free trials to, or introductory pricing for, the subscriber-only content.  These offers are available to you only if you have not previously been a subscriber to subscriber-only content.  If you respond to a free trial or introductory pricing offer but do not qualify, we reserve the right to reject your order.  


About Copyrights and Fair Use

I'm sure you're all aware of copyrights and their importance in protecting the work of the creators of unique and innovative educational materials such as Coolmath.com and Coolmath Algebra.

Fortunately, for teachers and students there is something called "fair use."  Simply put, fair use is the exception that allows teachers and students to use (within some very restrictive guidelines) copyrighted materials for educational purposes in the classroom.  I've found that many teachers are unaware of the specifics regarding fair use of copyrighted materials like web sites.  (I, too, was quite uninformed in this area until I started to do some investigating!)

For students, fair use is easy! Students can use graphics and content all they wish (without permission) as long as it is for a class assignment.  The only restrictions are that the "borrowed" content cannot be displayed in a public forum such as a web site (e-portfolios come to mind here) without the permission of the copyright holder and the content cannot be put into a situation where it can be distributed or copied.  (Students cannot give the content to someone else for use.)

For teachers, it's a bit more complicated and MUCH more restricted.  To cut to the chase, the key is to never use anything that would cause the copyright owner to lose income.  For example, photocopying any portion of a textbook (or other book) for classroom use instead of buying copies of the book for each student.  Or downloading or printing a portion of a website for classroom use instead of visiting the site “live” so that the publisher can receive the income from the online ads.

Please understand that we can only afford to continue to maintain our websites and create new and innovative learning materials if we can be reimbursed for our time and expense.  The only ways we can be reimbursed are through the ads on our sites and the purchase of our books.  We appreciate your support!

How can you help support Coolmath?  Please ask your school and your district to create links on their official websites to Coolmath.com (or any of our other sites).  These links help our rankings with search engines such as Google.  Higher rankings help new people find us…  And helping as many people as possible is our goal!

For more information about copyrights and fair use, the Stanford University Library is a good resource:

http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/index.html

Thanks for your interest in Coolmath…  And thanks again for reading this.  We really appreciate teachers like you!