Terms of Use

Making Math Real Institute “Terms of Use” Policy

Version 1.4:

The terms and conditions set forth below (the “Terms of Use”) govern your use of the content and materials presented or provided by Making Math Real Institute (“MMRI”) including in or through MMRI’s courses and on MMRI’s website at www.makingmathreal.org (collectively, the “Materials”). These Terms of Use are a legal contract between you and MMRI and govern your access to, and use of, the Materials. These Terms of Use are also provided to help you properly and appropriately use the Materials. If you do not agree with any of the terms or conditions herein, do not access or otherwise use the Materials. Your enrollment in a MMRI course or seminar shall be deemed to be your agreement to abide by the Terms of Use, including your signature on the Terms of Use provided at such course or seminar You agree that MMRI can change the Terms of Use at any time by posting updated Terms of Use at its website www.makingmathreal.org (click on “Terms of Use Policy” on bottom of home page) and by sending you an email or other electronic notice of the changes. If any modification is unacceptable to you, you shall cease using the Materials. If you do not cease using the Materials, you will be conclusively deemed to have accepted the change. You agree to maintain contact with the making math real website: www.makingmathreal.org to receive ongoing updates in the “Terms of Use” policies. MMRI reserves the right to change the Terms of Use at any time without prior notice.

INTELLECTUAL PROPERTY

The Materials and associated trademarks are protected under copyright, trademark, trade secret, and other laws of both the United States and foreign countries. All Materials, including the collection, arrangement and assembly of the content in the Materials are the exclusive property of David Berg (doing business as MMRI) as the creator of all the Making Math Real Multisensory Structured Content Methodologies, K-12, Copyright © 1996-2012. All rights reserved. All rights not expressly granted herein are reserved. You may not sell, reproduce, distribute, modify, display, publish, publicly perform, prepare derivative works based on, reverse engineer, repost or otherwise use any of the Materials in any way for any public or commercial purpose without the express prior written consent of David Berg and/or MMRI. You may not copy or adapt the HTML code that MMRI website uses to generate its pages on the MMRI website.

The trademarks MAKING MATH REAL® and the MAKING MATH REAL INSTITUTE and Design® are registered trademarks of MMRI (David Berg doing business as MMRI). These marks and the mark MAKING MATH REAL MULTISENSORY STRUCTURED CONTENT METHODOLOGIES, K-12; 9 LINES; and BATTLES & TEAMWORK are all trademarks of MMRI and you are prohibited to use these marks, in any promotional format including titles, publications, or advertisements of any kind. These and other graphics, logos, trademarks, and copyrighted content of MMRI may not be used without prior written consent of MMRI.

APPROPRIATE USE POLICIES

MMRI is a professional development institute and the Materials are designed for educators to use in their classrooms, private practices, and homes. Therefore, educators are encouraged to practice and apply the Making Math Real Multisensory Structured Content Methodologies, K-12, from any of the Making Math Real content courses with their students.

Specifically, MMRI grants you a limited, personal, non-exclusive and non-transferable license to use the Materials solely for use in educator’s classrooms, private practices, and homes to teach students. The Materials are for your own internal use in your classrooms, private practices, and homes and not for resale or redistribution in any manner, including online. You acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner. Any modification or derivative works created by you are the sole and exclusive property of MMRI, and you hereby agree to assign all right, title and interest to such modifications or derivations to MMRI. This limited license terminates automatically, without notice to you, if you breach the Terms of Use. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to the Materials. MMRI may terminate for convenience the license rights granted herein at any time.

As a condition precedent to this license, you are prohibited to train others, to conduct clinics, presentations, or workshops in any of the Making Math Real Multisensory Structured Content Methodologies, K-12 or in any of the Materials.

Attendance at one or more of MMRI’s professional development courses does not create an express or implied license to train others to conduct clinics, presentations, or workshops in MMRI’s proprietary Materials including the Making Math Real Multisensory Structured Content Methodologies, K-12, or to certify any individual in the use or administration of MMRI’s methods.

Upon completion of courses, participants are generally able to begin applying the Making Math Real-based methods with students in the classroom or private practice. However, participants’ completion of course work does not authorize them to present themselves publicly or otherwise as trained in Making Math Real. Only employees of MMRI are authorized to present themselves as Making Math Real Trained.

In addition, it is unlawful to use the Making Math Real trademark, title, logos, or graphics as an advertisement for services or any other purpose without the express written consent from David Berg and/or MMRI. Course participants are allowed to advertise the “use of Making Math Real-based methods” in their description of services, but not in such a way as to imply endorsement by and/or affiliation with MMRI. Educators who include Making Math Real methods in their description of services are highly recommended to specify in which methods they have received Making Math Real instruction. Therefore, any party representing themselves as Making Math Real trained, and not employed by MMRI, is implying an affiliation with MMRI that does not exist, thereby infringing on the proprietary rights of MMRI by misrepresenting themselves to the public as an employee of MMRI.

Appropriate Use Examples

Private practitioners who wish to inform clients or potential clients about the use of Making Math Real strategies in their practice may publicly present:

  • utilizing Making Math Real® – based strategies and methods
    having completed Making Math Real® courses (specify courses completed)
  • utilizing Making Math Real® – based strategies and methods in [specify content area(s): fractions and decimals, or 9 Lines©-based support for the multiplication facts, etc…]
  • utilizing Making Math Real® – based strategies and methods for [specify grade(s) or age level(s): primary grades or middle school, etc…]
  • (name of school) incorporates Making Math Real®-based methods

REQUIRED DISCLAIMER

Any individual, school, district, or business that lists the use of Making Math Real – based methods is required to include the following disclaimer directly alongside or directly beneath such listing(s):

_________________________, in utilizing Making Math Real® (MMR®) methods, is in no way affiliated with, a member of, or employed by the Making Math Real Institute (MMRI), and does not represent or reflect MMR® or David Berg in any way whatsoever. Neither the MMRI nor David Berg has trained, certified, licensed, monitored, endorsed, recommended, or sponsored _________________________. MMR® is a clinical methodology, not a program or a curriculum, and neither the MMRI nor David Berg monitors, endorses, or accounts for the quality of services provided by _________________________.

Any use of the MMRI marks by you shall inure to the benefit of MMRI.

Prohibited Use Examples

Individuals, schools, and districts are prohibited from using the MAKING MATH REAL® registered trademark or the title, Making Math Real, or the term, “Making Math Real trained” as a way to advertise or represent themselves to the public. As a condition precedent to any licenses granted in the Terms of Use, you are prohibited to use the following phrases or similar phrases:

  • (name of individual) is certified in Making Math Real
  • (name of individual) is trained in Making Math Real
  • (name of individual) is expert in Making Math Real
  • (name of individual) is Making Math Real Trained
  • (name of school) is a Making Math Real School
  • (name of school) is Making Math Real Certified
  • (name of school) is certified in Making Math Real
  • (name of school) is Making Math Real Trained

If you have any questions regarding the intellectual property or appropriate use policies of MMRI please contact: info@makingmathreal.org

UNAUTHORIZED ACTIVITIES; INDEMNITY

Any unauthorized use of any Materials may violate certain laws and regulations. You agree to indemnify and hold MMRI and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) MMRI or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Materials violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.

DISCLAIMER OF WARRANTIES

MMRI MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE MATERIALS OR ITS WEBSITE, INCLUDING WITHOUT LIMITATION ANY THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MATERIALS AND CONTENT OF MMRI’S WEBSITE, AND ANY INFORMATION OR CONTENT CONTAINED OR PRESENTED THEREIN IS PROVIDED TO YOU ON AN AS IS, AS AVAILABLE AND WHERE- IS BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. MMRI DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

LIMITATION OF LIABILITY

MMRI SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES RESULTING FROM YOUR USE, DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS OR THIRD PARTY CONTENT IN THE MATERIALS OR FROM THE MAKING MATH REAL WEBSITE. IN NO EVENT SHALL MMRI BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF MMRI KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. YOUR RIGHT TO USE THE MATERIALS PROVIDED BY MMRI AND MMRI’S WEBSITE IS CONDITIONED UPON THIS “TERMS OF USE,” INCLUDING ITS DISCLAIMERS OF WARRANTIES, AND LIMITATIONS OF LIABILITY. IN NO EVENT SHALL MMRI’S LIABILITY EXCEED THE PRICE PAID BY YOU FOR SEMINARS OR COURSES IN WHICH MATERIALS WERE PRESENTED OR PROVIDED.

FOREIGN OR LOCAL LAWS

MMRI controls and operates its website from the United States of America and the Materials and/or any third party content may not be appropriate or available for use in other locations. If you use the Materials or MMRI’s website outside the United States of America, you are responsible for following applicable local laws.

GENERAL

If you violate these Terms of Use, MMRI may terminate and/or suspend your access and use of the Materials or access to its website without notice. California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms of Use. The Terms of Use and any dispute arising out of or relating to these Terms of Use shall be governed exclusively by the laws of the State of California, without regard to the choice or conflicts of law provisions of California, and venue for any suit related to such dispute shall be heard in the courts located in the Northern District of California. You agree that you waive any rights under the consumer protection or similar laws of your state or country of residence (if outside the U.S.). If any of the terms or conditions herein is found to be inconsistent with applicable law, such term or condition shall be interpreted to reflect the intentions of MMRI within applicable law, or if not possible, then voided, however, no other terms or conditions will be modified. MMRI’s failure to enforce any of these terms or conditions is not a waiver of such term. Unless expressly stated otherwise in a written document signed by MMRI, these Terms of Use are the entire agreement between you and MMRI and supersede all prior or contemporaneous negotiations, discussions or agreements between you and MMRI regarding the Materials or this website. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms of Use.