Terms of Use

The following Terms and Conditions of Use, dated September 2012, govern use by all Individual Authorized Users of Developing Mathematical Ideas, 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 Developing Mathematical Ideas you are agreeing to abide by these Terms and Conditions of Use.

Copyright

The entire contents of the Electronic Product and all other material available through Developing Mathematical Ideas are protected by copyright. As an Individual Authorized User, you have certain rights specified below; all other rights are reserved.

Definitions

1. Developing Mathematical Ideas - The online service residing at www.nctm.org/dmi available from NCTM to Individual Authorized Users, including all products, services, and features offered via the service.

2. Individual Authorized User – A user becomes an Individual Authorized User when the purchase and registration process for Developing Mathematical Ideas Electronic Product 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 Developing Mathematical Ideas Electronic Product for the Individual Authorized User. The Individual Authorized User agrees to abide by the Terms and Conditions of Use set forth.

3. 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 Developing Mathematical Ideas Electronic Product and the Intellectual Property Rights contained therein are protected by law. All rights not specifically given to the Individual Authorized User are expressly reserved by NCTM and the Education Development Center, Inc.

4. Electronic Content - All products, services, and content available in or through Developing Mathematical Ideas Electronic Product shall be deemed included within the definition of Electronic Content.

   Rules of Use

1. Developing Mathematical Ideas Electronic Product is only available to Individual Authorized Users. No Individual Authorized User may allow other persons to access the Developing Mathematical Ideas Electronic Product by means of his or her logon identifier and password.

2. Individual Authorized Users will have access to all Electronic Content within Developing Mathematical Ideas Electronic Product.

3. 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 the context of facilitating a Developing Mathematical Ideas seminar.

4. 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.

5. Individual Authorized Users agree not to remove, obscure or modify any copyright or proprietary notices, author attribution or any disclaimer as they appear on Developing Mathematical Ideas Electronic Product. 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.

6. Individual Authorized Users may not do anything to restrict or inhibit any other Individual Authorized User's access to or use of Developing Mathematical Ideas Electronic Product and the Electronic Content.

7. 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 Developing Mathematical Ideas Electronic Product and the Electronic Content immediately without notice, in addition to any other available remedies.

8. 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 Developing Mathematical Ideas Electronic Product 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 Developing Mathematical Ideas Electronic Product, 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 Developing Mathematical Ideas Electronic Product at your own risk. The materials on the Developing Mathematical Ideas Electronic Product 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 Developing Mathematical Ideas Electronic Product 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 Developing Mathematical Ideas Electronic Product. 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 Developing Mathematical Ideas Electronic Product, 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 Developing Mathematical Ideas Electronic Product. An Individual Authorized User’s continued use of Developing Mathematical Ideas Electronic Product shall be conclusively deemed acceptance of such modification.

   Developing Mathematical Ideas Electronic Product 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 Developing Mathematical Ideas Electronic Product, or with these terms of use, your sole and exclusive remedy is to discontinue using the site.

   NCTM makes no representation or warranty that this or 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 Electronic Product from outside the United States does so at his or her own risk and is solely responsible for compliance with the laws of the jurisdiction from which access is made.

   Information on Developing Mathematical Ideas Electronic Product 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 Developing Mathematical Ideas Electronic Product. 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 Developing Mathematical Ideas Electronic Product, 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 Developing Mathematical Ideas Electronic Product.

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.

Please note: These products can only be purchased via NCTM’s Online catalog. Non-web payment methods, such as purchase orders, cannot be used to purchase these items. If you have any questions please call NCTM’s Customer Service Department at 800-235-7566.