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Terms of Service

Thank you for your interest in using the online services operated by MyOpenMath ("MyOpenMath"), which includes the services at MyOpenMath.com and WAMAP.org. These Terms of Service ("Terms") govern your use of MyOpenMath's online services (collectively, the "Services"), including the services which are offered through (i) self-study courses, and (ii) courses offered by schools, school districts, or teachers (collectively referred to as "Schools") that use our services via (a) direct login, or (b) Learning Tools Interoperability (LTI) integration from a Learning Management System.

Click on the links below to jump to that subsection of these Terms.

  1. Our Services
  2. Eligibility and Authority
  3. Personal Information and Student Data
  4. Your Responsibilities
  5. Personal, Non-Commercial and Academic Use Only
  6. User Submissions and Generated Materials
  7. Special Terms for Schools
  8. Copyright Infringement
  9. Feedback
  10. Termination and Suspension
  11. Fees
  12. Passwords and Security
  13. Third Party Services
  14. Disclaimer and Limitation of Liability
  15. Indemnification
  16. Intellectual Property
  17. Miscellaneous
  18. Modifications to Terms and Services

1. Our Services

MyOpenMath provides algorithmic online homework with autograding of numeric, algebraic, and graphing answers. It also provides some Learning Management features, such as messaging, discussion forums, file posting, a gradebook, and a calendar.

By using the MyOpenMath Services, you agree to be bound by these Terms and to the collection and use of your information as described in our Privacy Policy. If you do not agree to these Terms, you are not permitted to use the MyOpenMath Services.

MyOpenMath does not provide direct student support. Instructor technical support is provided by volunteers and the user community through forums; no direct instructor support is provided.

2. Eligibility and Authority

If you are agreeing to these Terms on behalf of a school, school district, or other educational institution (collectively, a “School”) for the purpose of having students access a course and/or complete assignments via the MyOpenMath Service you represent and warrant that you are an authorized representative of the School and you agree to these Terms on the School's behalf.

The U.S. Children's Online Privacy and Protection Act (“COPPA”) requires that online service providers obtain verifiable parental consent before collecting personal information from children under 13. If you are a School providing the Service to children under 13 (whether in the U.S. or elsewhere), you represent and warrant that you have received consent from parents, or have the authority to provide consent on behalf of parents, for us to collect information from students before allowing children under 13 to access MyOpenMath Services. We recommend that all Schools provide appropriate disclosures to students and parents regarding their use of service providers such as MyOpenMath.

Users under the age of 13 are not permitted to use the self-study courses on MyOpenMath.

3. Personal Information and Student Data

This Section 3 applies to a School's use of the MyOpenMath Services. If you are a School user, Student, or parent, you may also refer to the Student Data Privacy Statement.

When MyOpenMath is used by a School for an educational purpose, MyOpenMath may collect or have access to Student Data that is provided by the School or by the Student. “Student Data” is personal information that is directly related to an identifiable Student and may include “educational records” as defined by the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232(g).

Confidentiality. MyOpenMath agrees to treat Student Data as confidential and not to share it with third parties other than as described in these Terms, and in our Privacy Policy and Student Data Privacy Statement.

Student Data Access. You authorize MyOpenMath to access or collect Student Data for the purpose of providing the Services. In the U.S., MyOpenMath collects and processes Student Data as a School Official with a legitimate educational interest pursuant to FERPA 34 CFR Part 99.31(a)(1). The School or the Student owns and controls the Student Data. MyOpenMath does not own or control, or license such Student Data, except as to provide the Services and as described in these Terms.

Personal Information and Authority & Consent to collect Student Data. If you are School User, you represent and warrant that you have provided appropriate disclosures to your School and to parents (if relevant) regarding your sharing Personal Information with MyOpenMath. Both Parties agree to uphold their obligations FERPA, the Protection of Pupil Rights Amendment ("PPRA"), and COPPA and applicable State laws relating to student data privacy. MyOpenMath relies on each School to obtain and provide appropriate consent and disclosures, if necessary, for MyOpenMath to collect any Student Data, including the collection of Student Data directly from students under 13, as permitted under COPPA. We recommend that you provide a copy of the MyOpenMath Student Data Privacy Statement to parents. You agree to comply with these Terms and all laws and regulations governing the protection of personal information, including children's information, and the sharing of student education records.

Use of Student Data. By submitting or providing us access to Student Data, you agree that MyOpenMath may use the Student Data solely for the purposes of (i) providing the Service, (ii) improving and developing our Service, (iii) enforcing our rights under these Terms, and (iv) as permitted with the School's or the User's consent. MyOpenMath does not use Student Data to engage in advertising.

Use of Anonymized Student Data. You agree that we may collect and use data derived from Student Data for our own purposes, such as for product development, research analytics, and marketing our Service, provided that such data will be de-identified and/or aggregated to reasonably avoid identification of a specific individual.

Use of Personal Information for Marketing. You agree that MyOpenMath may provide customized content, advertising, and commercial messaging to school or district administrative users and teachers from time to time, provided that such advertisements shall not be based on Student Data. For emphasis, MyOpenMath will never use Student Data to engage in targeted advertising, nor will MyOpenMath direct advertising to student users.

Third-Party Service Providers. You acknowledge and agree that MyOpenMath may provide access to Student Data to our employees and service providers, who have a legitimate need to access such information in order to provide their services to us. We and our employees, affiliates, service providers, or agents involved in the handling, transmittal, and processing of Student Data will be required to maintain the confidentiality of such data.

Student Data Retention and Deletion Requests. Schools (via teachers and School administrative users) will have the ability to delete Student Data for enrolled students using functionality within the system. If Schools do not have the necessary access (for example, if an instructor leaves the school), Schools may request that we delete Student Data in our possession at any time by providing such a request in writing. We shall respond to the deletion request as soon as possible, but in most instances within 45 days, other than for data stored on backups which shall be deleted in the ordinary course of business. For inactive accounts, we delete or de-identify Student Data in our possession after a period of dormancy or at the request of the Student or parent. A parent seeking to modify, correct, or delete personal information in a Student Account that is connected to an active School account will be instructed to contact the School to discuss data deletion or modification. We are not required to delete data that has been derived from Student Data so long as it has been anonymized such that it does not reasonably identify an individual. Similarly, we are not required to delete information which a Student or parent has saved or transferred to a personal account.

Data Breach Notification. We have implemented administrative, physical and technical safeguards designed to secure Personal Information, including Student Data, from unauthorized access, disclosure and use. In the event we have a reasonable, good faith belief that an unauthorized party has gained access to or been disclosed Student Data (a “Security Event”), that we have collected or received through the Services, we will promptly notify the School by making a posting in the MyOpenMath Support Course forums. You can also receive notices by email by joining our Notices Google Group. If, due to a Security Event which is caused by the acts or omissions of MyOpenMath or its agents, a notification to an individual, organization or government agency is required under applicable privacy laws, the School shall be responsible for the timing, content, and method of any such legally-required notice. For any Security Event which is not caused by the acts or omissions of MyOpenMath or its agents, MyOpenMath shall reasonably cooperate with School's investigation of the Security Event, as School requests, at School's reasonable expense. MyOpenMath will be responsible for the timing, content, cost and method of notice and compliance with such laws as they relate to User accounts that are not associated with a School account.

4. Your Responsibilities

You agree:

a. that you are responsible for obtaining and maintaining all equipment and services needed for access to and use of the MyOpenMath Services and for paying all charges related thereto; and

b. not to use the MyOpenMath Services to:

i. violate any third party rights or any local, state, national, or international law or regulation. This would include sharing copyrighted materials that you do not have written permission to share;

ii. transmit or create any materials that are abusive, harassing, tortious, defamatory, libelous, or invasive of another's privacy;

iii. transmit any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

iv. impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or

v. interfere with or disrupt the MyOpenMath Services or servers or networks connected to the MyOpenMath Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the MyOpenMath Services.

c. to not provide un-authorized individuals access to a MyOpenMath course. This includes: i. not sharing the course enrollment key with someone not enrolled in the course at the School leading the course. ii. not sharing your username and password with anyone.

5. Personal, Non-Commercial and Academic Use Only

You agree to use the MyOpenMath Services only (a) as a self-study student, for your personal non-commercial use or (b) as a student, teacher, or school administrator, for academic use in individual classes at an accredited school. You may not use or access MyOpenMath for any commercial purpose, including but not limited to providing paid support services.

MyOpenMath does, pursuant to a separate written agreement, permit certain third parties to integrate programmatically with the MyOpenMath Services for commercial use. Please contact [email protected] for more information.

6. User Submissions and Generated Materials

MyOpenMath does not claim ownership of any materials (other than the underlying software and other materials of MyOpenMath and its licensors used to generate such materials), lessons, questions, assessments, files, information, data, text, or other materials you submit and create for display or distribution to others through the MyOpenMath Services (collectively, “User Submissions and Generated Materials”). You own all rights to your User Submissions and Generated Materials.

You grant to MyOpenMath an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license, to use your User Submissions and Generated Materials (in whole or in part) in connection with the operation of the Service, in any format or medium now known or later developed, without compensation or notification to or permission from the user of any kind.

MyOpenMath does not pre-screen User Submissions and Generated Materials and you agree that you are solely responsible for all of your User Submissions and Generated Materials. MyOpenMath is not required to host, display, or distribute any User Submissions and Generated Materials, and may remove at any time or refuse any User Submissions and Generated Materials. MyOpenMath is not responsible for any loss, theft or damage of any kind to any User Submissions and Generated Materials. You represent and warrant that your User Submissions and Generated Materials, and MyOpenMath's authorized use thereof, do not and will not infringe the rights of any third party (including, without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights).

7. Special Terms for Schools

a. Fees. MyOpenMath will never charge for student use or standard instructor use of MyOpenMath. MyOpenMath may charge fees for complementary services such as administrative features, service level agreements, or training services.

b. Content and Question Sharing. If you, as School user, choose to (i) make a course available to copy without an enrollment key, or (ii) create non-private questions (collectively, “User-Shared Content”), then you expressly authorize MyOpenMath to, without compensation or notification, (i) make your User-Shared Content available to other School users for use in individual classes with other students, (ii) modify or allow other School users to copy and modify your User-Shared Content and use the modified version in individual classes with other students, and (iii) make your User-Shared Content available to other sites running the same software as MyOpenMath.

When creating questions, you can specify the license you wish to apply to the question. Other users are only permitted to use your questions in ways consistent with that license.

When sharing courses, if you wish to apply a specific license to your course, you should do so by adding a license statement as a text item in the course itself.

c. Group Administrator Responsibilities. If you have a Group Administrator account, you agree to: (i) only access the course or student data of another instructor when there is a legitimate institutional need. (ii) only modify another instructor's course, questions, or student data with the instructor's express permission, or with the permission of the teacher's supervisor.

MyOpenMath respects the intellectual property rights of others. Accordingly, MyOpenMath has a policy of removing User Submissions and Generated Materials that violate copyright law, and, in appropriate circumstances, suspending access to the MyOpenMath Services (or any portion thereof) to any user who uses the MyOpenMath Services in violation of copyright law, and/or terminating the account of any user who uses the MyOpenMath Services in violation of copyright law. Pursuant to Title 17 of the United States Code, Section 512, MyOpenMath has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright is being infringed by a user of the MyOpenMath Services, please provide written notice to the following MyOpenMath agent for notice of claims of copyright infringement.

MyOpenMath.
ATTN: David Lippman, Copyright Agent
Email: [email protected]

Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow MyOpenMath to locate that material; (d) contain adequate information by which MyOpenMath can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owner's agent, or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

9. Feedback

If you choose to provide technical, business or other feedback to MyOpenMath concerning the MyOpenMath Services or any MyOpenMath products or services (collectively, “Feedback”), MyOpenMath will be free to use such Feedback without restriction. You understand and agree that the incorporation by MyOpenMath of Feedback into any of its products or services does not grant you any proprietary rights therein.

10. Termination and Suspension

Without limiting other remedies, MyOpenMath may terminate or suspend your MyOpenMath Services account or suspend your access to all or part of the MyOpenMath Services without notice if MyOpenMath believes that you have violated these Terms or have engaged in conduct that violates applicable law or is otherwise harmful to the interests of MyOpenMath, any other MyOpenMath Services user, or any third party. You may discontinue your use of the MyOpenMath Services at any time.

11. Fees

Subject to Section 7.a of these Terms, MyOpenMath reserves the right to charge fees for access to new MyOpenMath Services. In no event will you be charged for access to any new MyOpenMath Services, unless MyOpenMath obtains your prior agreement to pay such fees. If you do not consent to the payment of such fees, however, MyOpenMath may prohibit your access to that paid content or services. Details regarding the services you will receive in exchange for the payment of fees, as well as any payment terms and conditions that apply, will be disclosed to you prior to your agreement to pay such fees. All such terms will be deemed to be a part of (and are hereby incorporated by reference into) these Terms.

12. Password and Security

You are responsible for maintaining the confidentiality of your MyOpenMath Services login password, and you are solely responsible for all activities that occur under your password. You agree to immediately notify MyOpenMath of any unauthorized use of your password or any other breach of security related to the MyOpenMath Services. MyOpenMath may require you to alter your password if MyOpenMath believes that your password is no longer secure.

13. Third Party Services

MyOpenMath may integrate with or provide links to certain third party Internet sites and services (collectively, such third parties, “Linked Partners”). The Linked Partner services made available through the MyOpenMath Services or the integration of the such sites and services with the MyOpenMath Services are for your convenience only and do not signify the endorsement by MyOpenMath of such Partner sites or services.

14. Disclaimer and Limitations of Liability

a. You agree that use of the MyOpenMath services is at your sole risk. The MyOpenMath services are provided on an “as is” and “as available” basis. MyOpenMath expressly disclaims all warranties of any kind, whether express or implied, with respect to the MyOpenMath services and all services provided by any of our partners, including, but not limited to, the implied warranties of merchantability, fitness for a particular use or purpose, and non-infringement. You acknowledge that access to data and materials (including, but not limited to, your or others' user submissions and generated materials) available through the MyOpenMath services is not guaranteed and that MyOpenMath will not be responsible to you for any loss of data or materials caused by the MyOpenMath services or their unavailability. You understand and agree that any data, materials, services and/or information downloaded or otherwise obtained through the use of the MyOpenMath services is done at your own discretion and risk and that you will be solely responsible for any damage arising therefrom.

b. Under no circumstances will MyOpenMath or its officers, employees, directors, volunteers, agents, or licensors be liable under any theory of liability (whether in contract, tort, statutory, or otherwise) for any damages whatsoever, including direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of money, revenues, profits, goodwill, use, data or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages), resulting from your (or anyone using your account's) use of the MyOpenMath services.

c. If, notwithstanding these Terms, MyOpenMath is found to be liable to you or any third party in connection with your use of the MyOpenMath services, the total liability of MyOpenMath and its officers, employees, directors, volunteers, agents, or licensors to you or to any third party is limited to one hundred U.S. Dollars ($100).

d. Exclusions And Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that MyOpenMath may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of MyOpenMath' liability will be the minimum permitted under such applicable law.

15. Indemnification

You agree to indemnify, defend, and hold harmless MyOpenMath and its officers, directors, employees, volunteers, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation of these Terms. MyOpenMath reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with MyOpenMath' defense of such claim.

16. Intellectual Property

“MyOpenMath” and the MyOpenMath logo, and certain other of the names, logos, and materials displayed in the MyOpenMath Services, may constitute trademarks, trade names, or service marks (“Marks”) of MyOpenMath or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with MyOpenMath or those other entities.

17. Miscellaneous

Entire Agreement. These Terms and our Privacy Policy, together with any additional terms to which you agree when using particular elements of the MyOpenMath Services (e.g., terms relating to the payment of fees for certain MyOpenMath Services), constitute the entire and exclusive and final statement of the agreement between you and MyOpenMath with respect to the subject matter hereof, and govern your use of the MyOpenMath Services, superseding any prior agreements or negotiations between you and MyOpenMath with respect to the subject matter hereof.

Governing Law. These Terms and the relationship between you and MyOpenMath will be governed by the laws of the State of Washington as applied to agreements made, entered into, and performed entirely in Washington by Washington residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the MyOpenMath Services will be brought in the Federal or State courts located in Pierce County, Washington, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.

Additional Terms. The failure of MyOpenMath to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of MyOpenMath and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the MyOpenMath Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms will remain in full force and effect notwithstanding any termination of your use of the MyOpenMath Services. If access to the MyOpenMath Services is licensed to the United States government or any agency thereof, then the MyOpenMath Services will be deemed to be “commercial computer software” and “commercial computer software documentation,” pursuant to DFARS Section 227.7202 and FAR Section 12.212, respectively, as applicable. Any use, reproduction, release, performance, display, or disclosure of the MyOpenMath Services and any accompanying documentation by the U.S. Government will be governed solely by these Terms and is prohibited except to the extent expressly permitted by these Terms.

18. Modifications To Terms and Services

a. Modifications. These Terms may be revised periodically and this will be reflected in the “date last modified” set forth below. Your continued use of the MyOpenMath Services following such update constitutes your agreement to the revised Terms. You can see the history of the changes to our Terms here. If you object to any such changes, your sole recourse will be to cease using the MyOpenMath Services. Continued use of the MyOpenMath Services following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. MyOpenMath reserves the right to modify or discontinue the MyOpenMath Services with or without notice to you.

You can sign up to receive notices of upcoming changes to this and other policies by joining our https://groups.google.com/a/myopenmath.org/forum/#!forum/notices.

b. Date Last Modified. These Terms were last modified on March 29, 2020.