Terms and Conditions of Online Courses, Videos and Digital Products

 

By purchasing access to Math with Purpose Video Library and the 4C Math Mastery Model you agree to the following terms and conditions of purchase (hereinafter “Agreement”), as well as our Privacy Policy, hereby incorporated by reference. This is a legal agreement between you (“user”) and Jessica Kaminski (“Math with Purpose “we,” “us,” or “our”).

 

In the event of a conflict between this Agreement and our Privacy Policy or website Terms of Use, the terms of this Agreement shall control. To purchase the Math with Purpose Video Library and the 4C Math Mastery Model, you must be 13 year of age or older. If you are under the age of 18, you should seek parental permission before purchasing Math with Purpose Video Library and the 4C Math Mastery Model and review these terms and conditions with your parent or legal guardian.

 

Please read the following Agreement carefully. THE BOLDED SECTION ENTITLED ‘BINDING ARBITRATION’ AFFECTS YOUR LEGAL RIGHTS AND IS LEGALLY BINDING.

​

Purchaser Rights, Conduct, and Limitations

Your purchase of Math with Purpose Video Library and the 4C Math Mastery Model includes access to your specific grade level videos, printable resources and outlines, Kindergarten Game Guide (for Kindergarten subscriptions only), and teaching videos.

 

Your privacy is important to us. Please review our Privacy Policy for information about what data we collect, how we collect your data, why we collect your data, how long we retain your data, when we may share your data, and your rights regarding your personal data.

 

If you are under 18, you must obtain parental consent to purchase Math with Purpose Video Library and the 4C Math Mastery Model In our sole discretion, we reserve the right to refuse service, remove or edit content, and terminate accounts.

 

You hereby acknowledge and agree that the terms of this Agreement are supported by reasonable, adequate, and valuable consideration of your purchase of Math with Purpose Video Library and the 4C Math Mastery Model

 

You may access/use Math with Purpose Video Library and the 4C Math Mastery Model for lawful purposes only. By accessing Math with Purpose Video Library and the 4C Math Mastery Model, you agree not to post, transmit, email, or in any other way make available content that infringes on the trademark, copyright, propriety, or privacy rights of any entity or individual including personal data belonging to another person such as their email address, telephone number, credit care information, postal address, or other sensitive data.

 

You agree not to post, transmit, email, or in any other way make available content that is obscene, defamatory, pornographic, sexually explicit, promotes violence, contains hate speech, or invades the privacy of another.

 

You agree not to access Math with Purpose Video Library and the 4C Math Mastery Model to carry out commercial activity or transmit spam.

 

You acknowledge and agree that Jessica Kaminski or Math with Purpose, in its sole discretion, may remove any content it deems to violate these Terms or otherwise constitute a criminal offense, fraud, or potentially create civil liability.

 

In the event of third-party legal action against you arising from or relating to your use of Math with Purpose Video Library and the 4C Math Mastery Model you agree to hold harmless and indemnify Jessica Kaminski or Math with Purpose from any related claims or actions.

 

Submissions

In your use of Math with Purpose Video Library and the 4C Math Mastery Model you may submit comments, suggestions, reviews, questions, and other information such as video requests. However, any submissions that contain illegal, obscene, or threatening information will be removed, and you may be prohibited from future access or use of Math with Purpose Video Library and the 4C Math Mastery Model . You also may not submit any type of spam including, but not limited to, mass mailings or chain letters, political campaign material, or commercial solicitations. You may not transmit any information which infringes on another party’s intellectual property, invades the privacy of another, or in any other way causes injury to another individual. You may not transmit data containing software viruses. Any violation of these terms may result in an immediate termination of your right to access Math with Purpose Video Library and the 4C Math Mastery Model and may prohibit you from future use of the course.

 

We reserve the right to edit and remove any content generated by or involving you on our website. We assume no responsibility or liability for any content sent or posted by you or any other person.

 

Subject to the terms set forth in our Privacy Policy, no submissions by a purchaser will be treated as confidential and your submission of data or information to us does not form a confidential or fiduciary relationship, nor does it create any expectation of confidentiality between you and Jessica Kaminski and Math with Purpose.

 

Intellectual Property Rights and Limited License

Jessica Kaminski and Math with Purpose reserve rights to all content, information, data, text, logos, design elements, headers, service marks, trademarks, photographs, images, videos, blog posts, program and product names, graphics, color schemes and artwork published, to the extent protectable, within or relating to Math with Purpose Video Library and the 4C Math Mastery Model as well as any and all information assessed through Math with Purpose Video Library and the 4C Math Mastery Model which is proprietary.

 

You may not copy, reproduce, modify, upload, republish, sell, transmit, distribute, post, exploit, or create derivative works of any material from Math with Purpose Video Library and the 4C Math Mastery Model.

 

You may not use any trademarks, service marks, logos, or graphics owned by Math with Purpose Video Library and the 4C Math Mastery Model through common law rights or registration.

 

Our Limited License to You

By purchasing Math with Purpose Video Library and the 4C Math Mastery Model, Jessica Kaminski and Math with Purpose grant you a limited, non-transferrable, revocable license to view and utilize content for your personal use only. If you purchase Math with Purpose Video Library and the 4C Math Mastery Model, you may access and download purchased content subject to a limited, non-transferrable, revocable license for your own personal, non-commercial use to access, download, and view the material.

 

This license is granted for use by (1) individual only. If you would like to participate in Math with Purpose Video Library and the 4C Math Mastery Model with a friend, business partner, or colleague, each individual must purchase a separate membership.

 

You are prohibited from reselling or distributing such purchased material. No other use of our content is permitted without the express written consent of Jessica Kaminski and Math with Purpose.

 

If you violate any portion of these terms, you must destroy any copies you made of our content immediately and your right to access and use Math with Purpose Video Library and the 4C Math Mastery Model and content shall terminate automatically. We reserve the right to take any and all appropriate legal action against infringement upon our intellectual property rights. We also reserve the right to revoke your access to any purchased material, without refund, and take any appropriate legal action.

 

Confidentiality and Non-Disclosure

By purchasing Math with Purpose Video Library and the 4C Math Mastery Model, you agree to protect the privacy of Jessica Kaminski and Math with Purpose and other participants pursuant to the following conditions:

 

• You agree not to disclose any proprietary information, confidential information, or trade secrets relating to information and content provided through Math with Purpose Video Library and the 4C Math Mastery Model.

• You will not discuss or disclose the experience or personal results of other participants.

• You will not disclose any confidential or proprietary information shared by another participant or Jessica Kaminski, Math with Purpose agent or representative.

• You may not share, disclose, reproduce, modify, distribute, sell, or create a derivative work from any content belonging to and shared by another participant.

 

Technology Disclaimer

By accessing and using Math with Purpose Video Library and the 4C Math Mastery Model, you acknowledge, understand, and agree that Jessica Kaminski and Math with Purpose make no representations, warranties, or guarantees regarding the function or condition of Teachable or Wix including any features or links.

 

You further understand and agree that Jessica Kaminski or Math with Purpose shall not be liable to you for any loss, damage, inconvenience, or interruption to your business caused by the existence of viruses, or lack of accessibility or availability of Teachable or Wix.

 

In the event of an interruption of service, Jessica Kaminski and Math with Purpose will make commercially reasonable efforts to restore service and access as soon as practical.  

 

Affiliate Disclaimer

Some of the links provided through Math with Purpose Video Library and the 4C Math Mastery Model may be affiliate links controlled by third-parties or links to products and services for which Math with Purpose earns an affiliate fee, referral fee, or commission. We shall use reasonable efforts to provide notice of any affiliate relationship to a link. By clicking on an affiliate link on our website, course portal, or related communications, you expressly accept liability for any and all consequences of visiting the third party Website or purchasing those goods or services.

 

Disclaimer

At Math with Purpose we make no guarantees or financial claims of any kind regarding any potential income you may earn or generate by using Math with Purpose Video Library and the 4C Math Mastery Model , or implementing information provided through Math with Purpose Video Library and the 4C Math Mastery Model or any of our resources.

 

Jessica Kaminski and Math with Purpose does not make any guarantees of your results or likely outcome from your purchase of Math with Purpose Video Library and the 4C Math Mastery Model . We do not guarantee any specific outcome of any kind, whether financial, physical, emotional, psychological, social, spiritual, legal, or otherwise. Your outcome may be influenced by numerous variables including but not limited to your cooperation, focus, energy, and dedication, as well as the influence of outside circumstances and variables.

 

Any information or content provided through Math with Purpose Video Library and the 4C Math Mastery Model is solely for educational and informational purposes.

 

You are encouraged to seek professional advice and counsel relating to medical, mental, psychological, legal, business, and financial matters. The information or content provided through Math with Purpose Video Library and the 4C Math Mastery Model is not represented in any way to be a substitute for such professional advice.

 

Your decision to use information provided though Math with Purpose Video Library and the 4C Math Mastery Model is purely voluntary and you acknowledge, understand, and agree that you use such information at your own risk. We are not liable for any harm or damages arising from or related to your use or non-use of information or content provided through Math with Purpose Video Library and the 4C Math Mastery Model.

 

You participate and use the information provided through Math with Purpose Video Library and the 4C Math Mastery Model at your own risk.

 

Payments and Fees

By purchasing Math with Purpose Video Library and the 4C Math Mastery Model you agree to pay a total fee of $97 per year and any applicable fees or taxes. You must provide accurate and up-to-date billing and credit card information. By making a purchase, you consent to Math with Purpose authorizing your credit card, debit card, bank account, or any other payment form provided to process the full payment of fees and applicable taxes, through our third-party payment processor.

​

Due to the digital nature of our product, no refunds will be issued after a purchase is made.

 

Refunds

Math with Purpose provides a 2 week trial for Math with Purpose Video Library and the 4C Math Mastery Model.  A full refund will be given by emailing info@mathwithpurpose.com within 2 weeks of purchase.  No refunds will be given after the 2-week trial.

Assignment

You may not assign your rights under this Agreement without our express written consent.

 

Force Majeure

Neither party shall be liable for any delay or failure to fulfill its obligations under this Agreement if the delay or failure is caused by forces beyond its reasonable control, including without limitation natural and nuclear disasters, fire, flood, riot, war (declared and undeclared), acts of terrorism, revolution, embargoes, strikes, work stoppages, civil or military disturbances, loss of communication or computer services, or acts of God. In any such event, the party shall be relieved of any and all obligations under this Agreement during the applicable Force Majeure and resume performance of its obligations under this Agreement as soon as reasonably practicable.

 

Compliance with Applicable Laws

Our business and website is based in the United States. If you purchase access to Math with Purpose Video Library and the 4C Math Mastery Model you do so at your own risk. We make no claims as to whether our website or course portal may be accessed, used, viewed, or downloaded outside of the United States.

 

Disclaimer of Warranties; Limitation of Liability

Math with Purpose Video Library and the 4C Math Mastery Model AND ANY CONTENT CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE RESERVE THE RIGHT TO MAKE CHANGES, ADDITIONS, CORRECTIONS, AND IMPROVEMENTS TO Math with Purpose Video Library and the 4C Math Mastery Model AT ANY TIME WITHOUT NOTICE. WE MAKE NO REPRESENTATIONS OR GUARANTEES OF THE ACCURACY OF ANY INFORMATION ON THIS WEBSITE. WE ARE NOT RESPONSIBLE FOR ANY TECHNICAL, TYPOGRAPHICAL, OR PRICING ERRORS REGARDING Math with Purpose Video Library and the 4C Math Mastery Model EXCEPT AS REQUIRED BY LAW. YOU USE THE CONTENT PROVIDED THROUGH Math with Purpose Video Library and the 4C Math Mastery Model AT YOUR OWN RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, Jessica Kaminski and Math with Purpose DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. Math with Purpose and Jessica Kaminski DO NOT WARRANT THAT Math with Purpose Video Library and the 4C Math Mastery Model WILL OPERATE FREE FROM ERROR, DESTRUCTIVE FEATURES, COMPUTER VIRUSES OR OTHER CONTAMINATION.

FURTHERMORE, Jessica Kaminski and Math with Purpose DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY, CORRECTNESS, RELIABILITY, OR YOUR RESULTS FROM YOUR USE OF THE CONTENT, SOFTWARE, SERVICES, INFORMATION, OR FACILITIES OF Math with Purpose Video Library and the 4C Math Mastery Model.

IN NO EVENT, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNTIVE, OR CONSEQUENCIAL DAMAGES, LOSSES OR EXPENSES, INCLUDING LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF DATA, OR BUSINESS DISRUPTION, THROUGH ANY ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATED TO YOUR USE OF Math with Purpose Video Library and the 4C Math Mastery Model OR ANY CONTENT CONTAINED ON THE MEMBERSHIP SITE. IN ANY AND ALL CIRCUMSTANCES, YOUR MAXIMUM REMEMDY AND THE MAXIMUM LIABILITY OF Jessica Kaminski and Math with Purpose WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE LIMITED TO THE PRICE OF PURCHASE.

 

Indemnification

BY ACCESSING AND USING Math with Purpose Video Library and the 4C Math Mastery Model, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS Jessica Kaminski and Math with Purpose FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, EXPENSES, LIABILITIES, CAUSES OF ACTION, AND/OR CLAIMS ARISING OUT OF OR RELATED TO YOUR BREACH OF THESE TERMS, YOUR VIOLATION OF THIRD PARTY RIGHTS, OR YOUR MISUSE OF Math with Purpose Video Library and the 4C Math Mastery Model OR RELATED CONTENT.

 

Termination

Any violation of this Agreement may lead to termination of your right to access the our website and course portal and/or appropriate legal action. 

 

Governing Law and Jurisdiction

The terms of this Agreement will be governed by the laws of the Tennessee, The state and federal courts located in Tennessee will have exclusive jurisdiction over any case or controversy arising from or relating to this Agreement, use of online course, or any products or services provided by Jessica Kaminski or Math with Purpose or disputes arising out of or relating to your purchase of Math with Purpose Video Library and the 4C Math Mastery Model.

 

You hereby unconditionally and irrevocably consent to the personal and subject matter jurisdiction of the federal and state courts of the State of Tennessee for purposes of any claim or action arising out of or relating to these Terms and waive any defense of forum non conveniens. Through your access and use of the Membership Site, you are deemed to have knowingly and voluntarily waived any right to a trial by jury in any case or controversy related to this Agreement, use of course, or any related products or services.

​

 

Dispute Resolution

If a dispute arises from or relating to this Agreement, our Content, Math with Purpose Video Library and the 4C Math Mastery Model or the Membership Site and the Parties are unable to settle the dispute through direct communication, the Parties agree to first try to settle the dispute by mediation with the help of a mutually agreed upon mediator in Tennessee. The Parties shall share any costs and fees related to the mediation equally, other than attorney fees.

 

BINDING ARBITRATION

IF MEDIATION DOES NOT RESOLVE A CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE PARTIES AGREE THAT ANY UNRESOLVED CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE SETTLED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) PURSUANT TO ITS COMMERCIAL ARBITRATION RULE AND ANY JUDGMENT RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.

 

Miscellaneous

Any failure by us to act on or enforce any provision contained within these Terms shall not constitute or be construed as a waiver of the provision or any other provision contained within these Terms. To be effective, a waiver of any provision contained within these Terms must be made by us in a signed, written agreement and no such waiver shall constitute a waiver of any other provision within these Terms besides the provision expressly waived in that signed writing.

The section headings contained within these Terms shall not be given any legal meaning or significance and are provided simply for convenience.

 

Severance

​If any provision of this Agreement is found unenforceable, illegal or invalid, it shall not affect any other provisions of this Agreement.

 

Complete Understanding

This Agreement supersedes any prior agreement, communication, or representations between you and Jessica Kaminski/Math with Purpose and constitute a complete and final agreement regarding your purchase of Math with Purpose Video Library and the 4C Math Mastery Model.