The following
Terms and Conditions of Use, dated September 2012, govern use by all Individual
Authorized Users of NCTM’s Real World
Math Online Resource, an Electronic Product, when purchased by or for an Individual
Authorized User, as these terms are defined.
Please read the following
carefully because by using NCTM’s Real
World Math Online Resource you are agreeing to abide by these Terms and
Conditions of Use.
Copyright
The entire
contents of the Electronic Product, and each article and abstract and all other
material available through NCTM’s Real
World Math Online Resource, are protected by copyright (unless otherwise
indicated on the title page of the article). As an Individual Authorized User,
you have certain rights specified below; all other rights are reserved.
Definitions
- NCTM’s Real World Math Online Resource -- The online service residing at
realworldmath.nctm.org available from NCTM to Individual Authorized Users,
including all products, services and features offered via the service.
- Individual Authorized User – A user becomes an Individual Authorized User when
the purchase
and registration process for NCTM’s Real World Math
Online Resource is completed by the individual or by a third
party on behalf of the individual user.
After purchase and registration is
complete, NCTM
will grant limited rights to use Real World Math Online
Resource for the Individual Authorized User. The Individual Authorized User agrees to
abide by the Terms and Conditions of Use set forth.
- Intellectual Property Rights – These rights include, without limitation,
patents, trademarks, trade names, design rights, copyright (including
rights in computer software), database rights, rights in know-how and
other intellectual property rights, in each case whether registered or
unregistered, which may subsist anywhere in the world. The Individual
Authorized Users acknowledge that the Electronic Content and NCTM’s Real World Math Online Resource
and the Intellectual Property Rights contained therein are protected by
law. All rights not specifically given to the Individual Authorized User
are expressly reserve by NCTM.
- Electronic Content - All products, services and content available in or
through NCTM’s Real World Math Online
Resource shall be deemed included within the definition of Electronic
Content.
Rules of Use
- NCTM’s Real World Math Online Resource is only available to
Individual Authorized Users. No
Individual Authorized User may allow other persons to access the Real
World Math Online Resource by means of his or her logon identifier and
password.
- Individual
Authorized Users will have access to all Electronic Content within NCTM’s Real World Math Online Resource.
- Individual
Authorized Users may download, search, retrieve, display, view, copy and print
copies of Electronic Content, for personal non-commercial use or for educational
use in his or her own classroom.
- Except as
provided above, Individual Authorized Users may not download, copy,
distribute, transmit or otherwise reproduce, sell or resell any Electronic
Content; nor store any Electronic Content in any form or medium on or in any
retrieval system; nor transmit such material, directly or indirectly, for
use in any paid service such as document delivery or listserv, nor for use
by any information brokerage or for systematic distribution, whether or
not for commercial or non-profit use, or for a fee or free of charge.
- Individual
Authorized Users agree not to remove, obscure or modify any copyright or
proprietary notices, author attribution or any disclaimer as they appear
on NCTM’s Real World Math Online
Resource. Individual Authorized Users may not integrate Electronic Content
with other material, nor otherwise create derivative works in any medium.
However, brief quotations for purposes of comment, criticism or similar
scholarly purposes are not prohibited.
- Individual
Authorized Users may not do anything to restrict or inhibit any other Individual
Authorized User's access to or use of NCTM’s Real World Math Online Resource and the Electronic Content.
- If an Individual
Authorized User refuses or fails to abide by these Terms and Conditions or
violates any other terms of this Agreement, NCTM reserves the right in its
sole discretion to suspend or terminate access to NCTM’s Real World Math Online Resource and the Electronic Content
immediately without notice, in addition to any other available remedies.
- Individual
Authorized Users shall not have the right to incorporate any Electronic Content
into any institutional or other repository under any circumstances without
NCTM’s prior written approval.
NCTM Logo
NCTM's logo is a registered
trademark of NCTM. The logo is protected by law and may not be used without
NCTM's express written permission. NCTM retains the exclusive right to grant or
refuse permission to use its logo. For more information on NCTM's logo policy,
contact nctm@nctm.org.
Other Logos and Brand Names
Logos and brand names displayed on
NCTM’s Real World Math Online Resource are the exclusive
intellectual property of their respective owners. These items are licensed to
NCTM but remain the property of their respective owners.
Accuracy of Information
While all reasonable attempts have
been made to ensure the accuracy of information on NCTM’s Real World Math Online
Resource, neither NCTM nor its information contributors can be held responsible
for any errors, inaccuracies, or incomplete information contained therein. NCTM
reserves the right to correct, change, or update any information on these sites
at any time without prior notice.
Disclaimer
You use NCTM Real World Math Online
Resource at your own risk. The materials on the NCTM Real World Math Online
Resource are provided "as is" and without warranties of any kind,
either expressed or implied. To the fullest extent permissible, pursuant to
applicable law, NCTM and its affiliates disclaim all warranties of
merchantability and fitness for a particular purpose, and of accuracy of
informational content. NCTM does not warrant that the functions contained in
the NCTM Real World Math Online Resource will be uninterrupted or error free,
that defects will be corrected, or that it or the server that makes it
available are free of viruses or other harmful components.
NCTM and its employees, directors,
officers, agents, vendors, or suppliers will not be liable for any losses or
direct, indirect, incidental, consequential, exemplary, or punitive damages
arising out of or in connection with the use of or the inability to use the NCTM
Real World Math Online Resource. You agree to reimburse NCTM for all losses,
damages, or expenses (including court costs and reasonable attorney's fees)
that we may incur due to any violation by you of these terms of use.
NCTM is not
responsible for any charges associated with accessing NCTM’s Real World Math Online Resource, including, but not limited
to, any computer equipment, telephone or Internet connections and access
software.
NCTM may modify
any of these terms and conditions at any time by providing notice on NCTM’s Real World Math Online Resource.
An Individual Authorized User’s continued use of NCTM’s Real World Math Online Resource shall be conclusively
deemed acceptance of such modification.
NCTM’s Real World Math Online Resource may provide links to third-party websites.
Where such links exist, NCTM disclaims all responsibility and liability for the
content of such third-party websites. Individual Authorized Users assume the
sole responsibility for the accessing of third-party websites and the use of
any content appearing on them.
If you are dissatisfied with the
NCTM Real World Math Online Resource, or with these terms of use, your sole and
exclusive remedy is to discontinue using the site.
NCTM makes no representation or
warranty that these any NCTM website or the information contained therein may
be lawfully accessed, transmitted, viewed, downloaded, or otherwise used
outside of the United States. Any Individual Authorized User accessing the Online
Resources from outside the United States does so at her or her own risk and is
solely responsible for compliance with the laws of the jurisdiction from which
access is made.
Information on NCTM’s Real World
Math Online Resource may contain references or cross references to NCTM
products, programs, and services that are not announced or available in your
country. Such references do not imply that NCTM intends to announce such
products, programs, or services in your country.
Inbound
Links
Companies or institutions may link
to complete public pages of NCTM websites for educational purposes. Links to
individual images, applets, or other content are prohibited. Links to NCTM
pages may not open a framed page, i.e.,
the link must open a window that is occupied solely by the NCTM page and that
occupies the entire browser page, without framing by the linking website. Use
of images from NCTM websites to create buttons or to highlight links to NCTM is
strictly prohibited.
Groups or persons who link to the
NCTM websites without clear evidence of instructional or educational intent
will be directed to remove the link. NCTM reserves the right to request removal
of any link it deems offensive or inappropriate, at any time. For complete
guidelines regarding link requests, contact permissions@nctm.org.
Screen
Shots
Using screen shots of pages from
NCTM websites on other websites is strictly prohibited, without written
permission from NCTM. However, NCTM encourages use of screen shots of the
home page or front pages of major sections of NCTM websites for nonprofit
educational purposes. Contact permissions@nctm.org for complete guidelines on
requesting use of screen shots of NCTM websites.
Security
You are prohibited from violating or
attempting to violate the security of NCTM’s Real World Math Online Resource.
You may not, directly or indirectly through others:
- Access data not intended for you or log into a server
or account that you are not authorized to access;
- Attempt to probe, scan, or test the vulnerability of a
system or network or to breach security or authentication measures without
proper authorization;
- Attempt to interfere with service to any user, host, or
network, including, without limitation, submitting a virus, overloading,
"flooding," "spamming," "mail bombing," or
"crashing";
- Send unsolicited email, including promotions or
advertising of products or services, to email addresses accessed through
the site;
- Forge any TCP/IP packet header or any part of the header
information in any email or newsgroup posting;
- Use any device, software, or routine to interfere or
attempt to interfere with the proper working of NCTM’s Real World Math
Online Resource, or of any activity conducted on or through the site; or
- Use or attempt to use any engine, software, tool,
agent, or other device or mechanism (including, without limitation,
browsers, spiders, robots, avatars, or intelligent agents) to navigate
through or search NCTM’s Real World Math Online Resource.
Any action that imposes an
unreasonable or disproportionately large load on NCTM infrastructure is
prohibited.
Violations of system or network
security may result in civil or criminal liability. NCTM will investigate such
violations and may involve and cooperate with law enforcement authorities in
prosecuting users who are involved in such violations.
Termination of Use
NCTM and its representatives reserve
the right to deny use of NCTM websites to any user for any reason without
notification. Any violation of the terms of use or infringement of the rights
of the sponsors of any NCTM website may result in legal action against the
user. The exclusive forum for any legal dispute concerning any NCTM website
shall be the state or federal courts in the Commonwealth of Virginia, unless
NCTM agrees in writing to another forum.
NCTM may, in its sole discretion and at any time, modify or terminate its
websites and remove or refuse to post any information, content, materials, or
other offering.