Please read these Terms and Conditions (“Terms”) carefully before using this blog, as these Terms apply to all visitors. By visiting this blog, you agree to be bound by these Terms.
1. Blog Content & Curriculum Resources
Jumping Elephant Math, I am the owner of all information on this website, including any and all copyrights, trademarks, design rights and other intellectual property rights related to the content and work product on this blog.
I also own the all copyrights, trademarks, and other intellectual property of all curriculum and classroom learning resources from Jumping Elephant Math’s content on Teachers Pay Teachers (TpT), Made by Teachers and Boom Learning.
Information on this blog and on TpT, Made by Teachers and Boom Learning may NOT be copied, reproduced, reused or reposted without my permission. Requests for permission should be addressed to the following email: [email protected].
You also cannot lift, screenshot, alter, or take images from this site without permission and you MUST provide links back to www.jumpingelephantmath.com.
You also cannot revise or repurpose any the curriculum and learning resources from my Teachers Pay Teachers, Boom Learning or Made By Teachers designs and creations.
You may link back to this blog within your social media or blog content, as long as you clearly give credit to me as the author and include a hyperlink to this blog.
All blog content is for informational purposes only and should not be taken as specific advice. I make every effort to only provide complete and accurate information, but I am not responsible or liable for any inaccuracies.
I am not responsible for your reliance on information presented on this blog or any Teachers Pay Teachers, Boom Learning or Made by Teachers resources, and shall not be liable for any damages or harm due to your use of this content.
2. Blog Comments
Blog comments will be publicly available to other blog visitors. You own the rights to content you post on this blog, but agree to give a license so that this content can be shared on the blog.
I reserve the right to remove any content that I determine to be unlawful, inappropriate, offensive or otherwise objectionable or violates any party’s intellectual property or these Terms. If any user generated content is found to be copyright infringement, we will respond to and comply with any DMCA Take Down Notices.
If you comment, post material, post links, or otherwise make (or allow any third party to make) material available by means of the Site (any such material, “Content”), you are entirely responsible for the content. That is the case regardless of whether the Content in question constitutes text, graphics, audio or video, file, computer software, or material in another format. By making Content available, you represent and warrant that:
* the downloading, copying, and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, or trade secret rights, of any third party;
* if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
* you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
* the Content does not contain or install any viruses, worms, malware, Trojan horses, or anything else that is harmful or destructive;
* the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing). You are strictly prohibited from using this website or any of the Company’s services for illegal spam activities, including gathering email addresses and personal information from others or sending mass commercial emails.
* the Content is not libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party.
Without limiting any of those representations or warranties, Jumping Elephant Math has the right (though not the obligation) to, in its sole discretion (i) refuse or remove any content that, in its reasonable opinion, violates any Jumping Elephant Math policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Site to any individual or entity for any reason, in Jumping Elephant Math’s sole discretion.
3. Responsibility of Site Visitors and Content Posted on Other Sites
Jumping Elephant Math has not reviewed, and cannot review, all of the material posted to the Site, and cannot, therefore, be responsible for that material’s content, use or effects. By operating the Site, Jumping Elephant Math does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Site may also contain material that violates the privacy or publicity rights or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying, or use of which is subject to additional terms and conditions, stated or unstated. Jumping Elephant Math disclaims any responsibility for any harm resulting from the use by visitors of the Site, or from any downloading by those visitors of content there posted.
Jumping Elephant Math has not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages to which the Site links, and that link to the Site. Jumping Elephant Math does not have any control over other websites and web pages and is not responsible for their contents or their use. By linking to a website or web page, Jumping Elephant Math does not represent or imply that it endorses such web site or web page. Jumping Elephant Math disclaims any responsibility for any harm resulting from your use of such websites and web pages.
4. Age Restrictions
You must be at least 18 (eighteen) years of age to use this Website or any Services contained herein. By using this Website, You represent and warrant that You are at least 18 years of age and may legally agree to this Agreement. The Company assumes no responsibility or liability for any misrepresentation of Your age.
5. Privacy Information
Through Your Use of the Website and Services, You may provide Us with certain information. By using the Website or the Services, You authorize the Company to use Your information in the United States and any other country where We may operate.
- a) Information We May Collect or Receive: Depending on how You use Our Website or Services, We may receive information from external applications You use to access Our Website, or We may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
- b) How We Use Information: We use the information gathered from You to ensure Your continued good experience on Our website. We may also track certain of the passive information received to improve Our marketing and analytics, and for this, We may work with third-party providers, including other marketers.
- c) How You Can Protect Your Information: If You would like to disable Our access to any passive information We receive from the use of various technologies, You may choose to disable cookies in Your web browser.
Please read my privacy policy for detailed information.
6. Data Loss
The Company does not accept responsibility for the security of Your account or content. You agree that Your use of the Website or Services is at Your own risk.
7. Links to Other Web Sites
This blog may contain links to third-party websites that I do not control. Once you leave my blog, you are no longer governed by these Terms. I assume no responsibility for the content or practices of any third party websites.
8. Affiliate Marketing and Advertising
Jumping Elephant Math, through the Website and Services, may engage in affiliate marketing whereby Jumping Elephant Math receives a commission on or percentage of the sale of goods or services on or through the Website. Jumping Elephant Math may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation. This disclosure is intended to comply with the US Federal Trade Commission Rules on marketing and advertising, as well as any other legal requirements which may apply.
9. Shipping/Delivery/Return Policy
You agree to ensure payment for any items You may purchase from Us directly from our website, and You acknowledge and affirm that prices are subject to change. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information. You provide to Us. If We do so after payment has been processed, We will issue a refund to You in the amount of the purchase price.
you agree that any disputes regarding purchases of products made by the Company that are sold by the Company through third party marketplaces such as TPT (formerly known as teacherspayteachers), Boom Learning and MadebyTeachers will be resolved by those third party sites. You agree that the Company is not responsible or liable for any loss or damage caused as a result of Your use of these websites.
Due to the nature of digital products these products are non-refundable.
10. Intellectual Property
You agree that the Website and all Services provided by Jumping Elephant Math are the property of the Jumping Elephant Math, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Company IP”). You agree that the Company owns all right, title and interest in and to the Company IP and that You will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from Jumping Elephant Math.
As Jumping Elephant Math asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Site violates your copyright, you are encouraged to notify Jumping Elephant Math in accordance with the Digital Millennium Copyright Act. Jumping Elephant Math will respond to all such notices, as required or appropriate, by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of sites of Jumping Elephant Math or others, Jumping Elephant Math may, in its discretion, terminate or deny access to and use of the Site.
11. Termination
Jumping Elephant Math reserve the right to terminate any users for abuse of these Terms and may terminate access to all or any part of the site at any time, without agreement, with or without notice, effective immediately. Jumping Elephant Math reserve the right to remove unlawful, obscene, inappropriate or otherwise undesirable shares or comments on my blog or social media channels. If you wish to terminate this agreement, you may simply discontinue using this site.
12. Changes
Jumping Elephant Math reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Site following the posting of any changes to this Agreement constitutes acceptance of those changes. Jumping Elephant Math may also, in the future, offer new services and/or features through the Site, including the release of new tools and resources. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
13. Reverse Engineering and Security
You agree not to undertake any of the following actions:
- a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;
- b) Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
14. Service Interruptions
The Company may need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.
15. Disclaimer of Warranties
The Site is provided “as is.” Jumping Elephant Math and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither Jumping Elephant Math nor its suppliers and licensors make any warranty that the Site will be error-free or that access thereto will be continuous, secure or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Site at your own discretion and risk.
16. Limitation of Liability
In no event will Jumping Elephant Math, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability, or other legal or equitable theory for (i) any special, incidental, or consequential damages; (ii) the cost of procurement of substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Jumping Elephant Math under this agreement during the six (6) month period prior to the cause of action. Jumping Elephant Math shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law. This section applies to any and all claims by you, but not limited to lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud or torts of any kind. The maximum liability of the Company arising from or relating to this Agreement is limited to £50 or the amount you paid to Jumping Elephant Math in the last 6 months.
17. Indemnification
You agree to indemnify and hold harmless Jumping Elephant Math, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Site, including but not limited to out of your violation this Agreement.
18. General Representation and Warranty
You represent and warrant that (i) your use of the Site will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental areas, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Site will not infringe or misappropriate the intellectual property rights of any third party.
19. General Provisions
- a) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
- b) JURISDICTION, VENUE & CHOICE OF LAW: Through Your use of the Website or Services, You agree that the laws of the England shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between You and the Company, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of England. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
- c) ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the England. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing English law. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on English law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
- d) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by You. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.
- e) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
- f) NO WAIVER: In the event that We fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
- g) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
- h) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
- i) FORCE MAJEURE: The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
- j) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail. For any questions or concerns, please email the following address: [email protected]
20. Entire Agreement
This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.
EFFECTIVE DATE: 4TH APRIL 2023 Site Covered: Jumping Elephant Math