Terms of Use
Welcome to McCarthyMathAcademy.com! If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with the Privacy Policy govern McCarthy Math Academy’s relationship with you in relation to this website. When you register for any McCarthy Math Academy product for a trial or paid plan for a class, school or district, or as a parent, you become a "User" and the learners who use McCarthy Math Academy through you are "Students".
PLEASE READ THESE TERMS OF USE CAREFULLY. If you disagree with any part of these terms and conditions, please refrain from using this website. These Terms of Use may be updated from time to time, and may condition your continued use of our website and Content on your agreeing to those revised terms.
The terms "McCarthy Math Academy", "I" or "my" or “me” refers to McCarthy Math Academy LLC., and “Sarah McCarthy,” the owner of this website (which includes both McCarthyMathAcademy.com and all of its subdomains). The term "you" refers to you, as a User, Student or Viewer of our website.
1. General terms
2. Student Accounts
3. Commercial Terms
The general terms of each subscription plan or free trial are available at https://www.mccarthymathacademy.com/mccarthy-math-1-5-5.html (McCarthy Math 1-5-5) or https://www.mccarthymathacademy.com/bestplans.html (Taking on the B.E.S.T).
(A.) Free Trials:
4. Usage
(A.) You may not use McCarthyMathAcademy.com or the content in any of the following ways:
(C.) You may not post Usernames or Passwords on any website. You may only post class codes and activation links on password protected websites accessible by only your school community. They may not be posted on public websites.
(D.) You are responsible for ensuring that Students comply with these usage terms.
(E.) McCarthy Math Academy reserves the right to adopt and enforce other appropriate usage guidelines for Generated Content from time to time.
5. Intellectual Property and License
6. Warranty Disclaimer
7. Limitation of Liability
8. Indemnification
9. Termination
10. Jurisdiction
11. Miscellaneous
McCarthy Math Academy LLC
[email protected]
McCarthy Math Academy may assign these Terms of Use to an affiliate, pursuant to a merger or acquisition, or as part of the sale of substantially all of the assets of our business relating to these Terms of Use.
This Terms of Use was last modified on March 10, 2023.
PLEASE READ THESE TERMS OF USE CAREFULLY. If you disagree with any part of these terms and conditions, please refrain from using this website. These Terms of Use may be updated from time to time, and may condition your continued use of our website and Content on your agreeing to those revised terms.
The terms "McCarthy Math Academy", "I" or "my" or “me” refers to McCarthy Math Academy LLC., and “Sarah McCarthy,” the owner of this website (which includes both McCarthyMathAcademy.com and all of its subdomains). The term "you" refers to you, as a User, Student or Viewer of our website.
1. General terms
- The public portions of this website are provided for potential Users.
- Only school staff and parents or guardians may become Users. Do not register for McCarthyMathAcademy.com as a User for a trial or paid plan unless you represent a class, school or district, or are a parent/guardian of a learner.
- If you are a school staff member and register for McCarthyMathAcademy.com as a User for a trial or paid plan, you represent and warrant that you have the full right, power and authority to bind all Users connected to the registered account to these Terms of Use. Any subsequent purchase of a McCarthy Math Academy service by a User connected to the originally registered account shall constitute a ratification of these terms.
- You may need to download additional software from third parties to view aspects of our website; if so, your use of such software will be governed by your agreement with those parties.
2. Student Accounts
- No Student Data is collected or stored.
- McCarthy Math Academy complies with the Children’s Online Privacy Protection Act, or "COPPA" by obtaining authorization from the applicable school or district for Students to use McCarthy Math Academy as described in these Terms and Privacy Policy.
- Users are entirely responsible for the actions of Students. McCarthy Math Academy will enable you to comply with the Family Educational Rights and Privacy Act (FERPA) by appropriately limiting how McCarthy Math Academy uses Student data and by following your instructions with respect to the treatment of Student data.
3. Commercial Terms
The general terms of each subscription plan or free trial are available at https://www.mccarthymathacademy.com/mccarthy-math-1-5-5.html (McCarthy Math 1-5-5) or https://www.mccarthymathacademy.com/bestplans.html (Taking on the B.E.S.T).
(A.) Free Trials:
- Free trials are not available to anyone under the age of 18.
- You may only register as an individual for the 7-day Free Trial Offer once.
- Representatives of schools and districts may request one or more trial periods as needed to evaluate McCarthy Math Academy, which will be granted at my discretion.
- By registering for a free trial, you consent to my contacting you to follow up on your experience with McCarthy Math Academy and potential purchase of a paid license.
- By providing your credit card to pay for a paid membership plan, you agree to pay McCarthy Math Academy the fees indicated for that plan.
- Payments will be charged on the day you sign up for a service and will cover the use of that service for the time period specified for the requested plan.
- Plans (other than school-wide or district plans) that are not cancelled before the end of the applicable subscription period will automatically renew and you authorize McCarthy Math Academy to collect the then-applicable subscription fee for such service using any credit card or other payment mechanism I have on record for you.
- Subscription fees are non-refundable, though a subscription can be canceled anytime. If you cancel your subscription, you will have access until your next billing date and will not be billed again.
- These Terms of Use and any McCarthy Math Academy Invoice you sign, and not the conflicting terms of any purchase order or other communication from you, shall govern your use of the website and the Content. The terms of a McCarthy Math Academy Invoice shall control over these Terms of Use.
- By submitting a purchase order, you agree to pay in full within 30 days of receiving an invoice from me, unless otherwise specified in a McCarthy Math Academy Invoice.
4. Usage
(A.) You may not use McCarthyMathAcademy.com or the content in any of the following ways:
- for any commercial purpose without McCarthy Math Academy’s prior express permission
- in a manner that could damage, disable, overburden, or impair servers or networks
- by obtaining unauthorized access
- using any automated tools, scrapers, robots, data mining or similar data gathering or extraction tools
- that infringes the rights of any third party, including the intellectual property of any third party
(C.) You may not post Usernames or Passwords on any website. You may only post class codes and activation links on password protected websites accessible by only your school community. They may not be posted on public websites.
(D.) You are responsible for ensuring that Students comply with these usage terms.
(E.) McCarthy Math Academy reserves the right to adopt and enforce other appropriate usage guidelines for Generated Content from time to time.
5. Intellectual Property and License
- McCarthy Math Academy provide (or may at some point provide) data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content") to you.
- As between you and me, McCarthy Math Academy owns the Content and any improvements to the Content.
- McCarthy Math Academy makes no claim to new data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials created by you or Students through this website ("Generated Content"). You hereby grant McCarthy Math Academy (for yourself and on behalf of Students) a royalty free, global, non-exclusive license to use the Generated Content and make the Generated Content available to other Users and Students on this website in a manner consistent with these terms and Privacy Policy.
- The plans offered specify what Content you can access, who may access the Content through you and the number and/or type of devices you may use to access the Content.
- McCarthy Math Academy grants to you (and, where applicable, your Students) a non-exclusive license to view and display the Content for only so long as we make it available to you under your plan through the website.
- With the exception of certain videos and downloadable worksheets, which are clearly labeled as being intended for download, under no circumstances do you acquire the right to view any of the Content other than through my website, or to download or copy the Content, no matter what plan you subscribe to. You may download your own Generated Content as provided for in the Privacy Policy.
- McCarthy Math Academy reserves the right to change the Content we make available to particular Users or Students at any time.
- If you provide any suggestions for Content or improvements to Content or this website, you grant us a perpetual, irrevocable, royalty free, global, non-exclusive license to use those suggestions in any manner I choose.
6. Warranty Disclaimer
- McCarthy Math Academy provides the Content in the hope that it will be educational and appropriate for a wide range of learners. You must determine during your trial period and thereafter whether the Content (and which Content) meets your needs and those of your learners.
- McCarthy Math Academy doesn’t guarantee that the website will be continuously operational, and we assume no liability relating to interruptions in your use of our website or errors in the Content.
- Accordingly, this website and all Content is provided on an "as is" basis, and your use (and Students’ use) of this website and the Content is at your and their own risk, without warranties of any kind, express, statutory or implied, including without limitation any implied warranty of merchantability, fitness for a particular purpose or non-infringement.
- McCarthy Math Academy disclaims any warranty or liability for the accuracy, timeliness, performance, completeness or suitability of the Content and any information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and McCarthy Math Academy expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law.
7. Limitation of Liability
- McCarthy Math Academy is not liable to you or any other person for any indirect, incidental, special or consequential damages arising out of or relating to your use of my website or Content.
- If you are not currently a User under a paid plan with McCarthy Math Academy, your sole and exclusive remedy for any negligence or breach of these terms shall be for you to discontinue your use of our website and Content.
- If you are a User under a paid plan with McCarthy Math Academy, our maximum liability to you (for any claim whatsoever, including direct claims or claims for indemnification) shall be the aggregate amount that you paid within the prior 12 months.
- If any of the foregoing limits are not enforceable under applicable law, then they shall be construed to provide such limits to the fullest extent permitted by applicable law.
- From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify an endorsement from such websites and you waive all claims against McCarthy Math Academy from your use of such websites.
8. Indemnification
- You agree to indemnify Sarah McCarthy and partners, agents, affiliates and licensors from all liabilities, claims, and expenses, including attorneys' fees, that arise from your use or misuse of my website and Content. McCarthy Math Academy reserves the right, at my own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification, in which event you will cooperate with me in asserting any available defenses.
9. Termination
- McCarthy Math Academy may immediately (or as of a date specified in a notice) suspend or terminate your plan and your access to this website and the Content if you violate these Terms of Use or any of its published policies.
10. Jurisdiction
- These Terms Use and your use of this website and the Content will be governed by the law of the state of Florida (except for its rules regarding conflict of laws).
- Any claim or dispute relating to these Terms of Use must be resolved by a state or federal court of applicable jurisdiction located in Orange County, Florida.
- This means that you may not bring a claim anywhere else, and that claims against you may be brought in Orange County, Florida. You may not subsequently argue that Orange County, Florida is not a convenient forum for you.
11. Miscellaneous
- Notices to you under these Terms of Use shall be sent to you at the email address you have registered with McCarthy Math Academy.
- Notices to McCarthy Math Academy should be sent to:
McCarthy Math Academy LLC
[email protected]
McCarthy Math Academy may assign these Terms of Use to an affiliate, pursuant to a merger or acquisition, or as part of the sale of substantially all of the assets of our business relating to these Terms of Use.
This Terms of Use was last modified on March 10, 2023.