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Terms and Conditions of Art of Problem Solving Community Membership

The following are the terms and conditions of this Agreement between the User and AoPS Incorporated (AoPS).

    1. AoPS Services - AoPS currently provides users with access to various on-line resources, including shopping, classes, forums and chat rooms (Service). This Agreement applies to these Services and to new or enhanced Services unless explicitly stated otherwise. The Service is provided "AS-IS" and AoPS assumes no responsibility for the timeliness, deletion, mis-posting, mis-delivery or failure to store any user communications or personalization settings. Some Services, such as classes, require the User to pay for their use.

    2. Registration - Registration is required for use of certain Services. When registration is required, the User agrees to provide all required information accurately. AoPS reserves the right to suspend or terminate Services to any User, if AoPS in its sole discretion determines that the registration information is not accurate and complete.

    3. AoPS Privacy Policy - The AoPS Privacy Policy is contained in a separate document and is hereby made an integral part of this Agreement.

    4. User Account, Username, and Password - During registration the User selects a User Name and Password. The User Name is also used as an onscreen name. It should be a pseudonym and not your real name. The User is responsible for retaining the User Name and password in confidence. The User is responsible for all activities that occur using this User Name and password. The User agrees to immediately notify AoPS of any unauthorized use of the User Name and password, and to log out after each session.

    5. User Conduct - You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (Content), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that the User, and not AoPS, is entirely responsible for all Content that the User uploads, posts, e-mails, transmits, or otherwise makes available via the Services. While AoPS makes reasonable efforts not to allow offensive, indecent, or objectionable material on this site, by using the Services, the User may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will AoPS be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed, transmitted, or otherwise made available via the Service.

    The User agrees as follows:

    a. not to harm minors or cause minors to be harmed in any way;

    b. not to forge headers of postings, e-mails, or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;

    c. not to impersonate any person or entity, including, but not limited to, an AoPS employee, forum moderator, guide or guest, or falsely state or otherwise misrepresent your affiliation with any person or entity;

    d. not to upload, post, e-mail, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

    e. not to upload, post, e-mail, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure or confidential disclosure agreements);

    f. not to upload, post, e-mail, transmit, or otherwise make available any information that you consider confidential in nature, which posting may cause you or any third party to lose rights to the intellectual property associated with the information;

    g. not to upload, post, e-mail, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary and lawful rights of any party;

    h. not to upload, post, e-mail, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. You understand that such postings may violate laws of various jurisdictions, and that you may be subject to prosecution or to civil suit;

    i. not to intentionally or unintentionally violate any local, state, national, or international law;

    j. not to "stalk" or otherwise harass another; or collect or store personal data about other users;

    k. to upload, post, e-mail, transmit, or otherwise make available only material which the User has created and to which the User owns the copyrights; and

    l. to report any violations of the above immediately to AoPS.

    6. Integration - This Agreement, together with any other documents referenced herein constitutes the entire agreement between the parties and supersedes all previous agreements, promises, proposals, representations, understandings, and negotiations, whether written or oral, between the parties respecting the subject matter hereof.

    7. License to Copy and Distribute User Material - AoPS does not claim ownership of the Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, the User hereby grants a non-exclusive, perpetual, irrevocable, fully sub-licensable, world-wide, fully-paid-up license which allows AoPS to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

    8. Governing Law - This Agreement shall be governed by the laws of the State of California without regard to any conflicts of law provisions.

    9. Jurisdiction and Venue - The parties agree to submit exclusively to the personal jurisdiction of a proper court located only in the County of San Diego, State of California. Both parties agree that venue is proper in the County of San Diego, State of California. The parties agree to waive any defenses based on venue, inconvenience of forum, the lack of personal jurisdiction, and the adequacy of service of process (as long as the party was at least notified by the email address provided) in any suit or action brought in the State of California.

    10. Time Limitations - Regardless of any statute or law to the contrary the parties agree that any claim or cause of action arising out of this Agreement or related to the Services must be filed within one year after such claim or cause of action arises or forever be barred.

    11. Waiver - The failure of either party to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

    12. Enforceability - In the event any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement shall be unimpaired, and the invalid, illegal, or unenforceable provision shall be replaced by the provision which, being valid, legal, and enforceable, comes closest to the intention of the parties underlying the invalid, illegal, or unenforceable provision.

    13. Warranties - AoPS makes no warranty that: (a) the Services will meet your requirements, (b) the Services will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the Services will be accurate or reliable, (d) the quality of any products, Services, information, or other material purchased or obtained by you through the Services will meet your expectations, and (e) any errors in the software will be corrected.

    AOPS MAKES NO WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. AOPS SHALL NOT HAVE ANY LIABILITY WHATSOEVER FOR ANY COVER OR SET OFF NOR FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    14. Assignments - Neither party may assign or delegate any or all of its rights or its duties or obligations hereunder without the consent of the other party, which consent shall not be unreasonably withheld or delayed; provided, however, that either party may assign this Agreement, without the need to obtain consent of the other party, to an affiliate of such party or to a successor in interest to substantially all of the business of that party to which this Agreement relates. An assignee of either party authorized hereunder shall be bound by the terms of this Agreement and shall have all of the rights and obligations of the assigning party set forth in this Agreement. An assignment which is in violation of this Agreement is void.

    15. No Construction Against Drafter - If an ambiguity or question of intent arises with respect to any provision of this Agreement, the Agreement will be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favoring or disfavoring either party by virtue of authorship of any of the provisions of this Agreement.

    16. Force Majeur - Either party shall be excused from performance and shall not be liable for any delay in whole or in part, caused by the occurrence of any contingency beyond the reasonable control either of the excused party or its subcontractors or suppliers including, but not limited to, war, sabotage, insurrection, riot or other act of civil disobedience, act of public enemy, failure or delay in transportation, act of any government or any agency or subdivision thereof affecting the terms hereof, accident, fire, explosion, flood, severe weather or other act of God, or shortage of labor or fuel or raw materials.

    17. Attorneys' Fees - If any legal action is brought to construe or enforce any provision of this Agreement, the prevailing party shall be entitled to receive its reasonable attorneys' fees and court costs in addition to any other relief it may receive.

    18. Use of Content - All materials and resources presented on or accessed through the Services is provided by AoPS as a service to its visitors and readers and may be used for information purposes only. AoPS assumes no responsibility for errors or omissions in these materials. AoPS makes no commitment to update the information contained herein.

    19. Limits for Data Storage and Use - AoPS may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that any Content contributed by you will be retained by the Services, the maximum disk space that will be allotted on AoPS server space on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. AoPS has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. AoPS reserves the right to terminate accounts that are inactive for an extended period of time.

    20. No Sale or Use - The User agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services. This does not apply to the resale of any books purchased by the User.

AoPS reserves the right to terminate, without prior warning, the access of any User to any Service or Content, for violation of any of the above Terms, or for any other reason at AoPS's sole discretion.

Copyright Infringement Claims

If you believe that any material on this web site is an infringement of your copyright, you must notify us in writing via mail, fax, or email as listed below:

Mail:
AoPS Incorporated
Attn: Designated Copyright Agent
10865 Rancho Bernardo Rd Ste 100
San Diego, CA 92127

Fax: (855) 430-9531. Address fax to the attention of "Designated Copyright Agent".

Email: designatedagent@aops.com

Your notification must contain all of the following elements, in accordance with Title 17 Section 512(c)(3)(A) of U.S. Code:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of a bona fide notification of copyright infringement that contains all of the above elements, AoPS will remove the allegedly infringing material and notify the User who provided the material. Users who repeatedly post Content that infringe on other entities' copyrights are subject to having their AoPS access terminated.

AOPS INCORPORATED PRIVACY POLICY

Please click here for our information practices with regards to children under 13 (also listed at the end of this document).

We take the privacy of our participants very seriously; therefore, we only collect the information necessary to provide our services efficiently.

Users using our online community or other online resources requiring membership

To post information in a forum, to use some of our online educational tools, or to attend online classes, you must become a member of the Art of Problem Solving Community. To become a member, the only personal information we require is your email address and a username that you select. The username that you select is used as an onscreen name to identify you; it is strongly recommended that it not be your real name, but a pseudonym. You will also select a password, which is needed to log on. We do ask about your general geographic location, your occupation, and interests, but none of this information is required for membership in the Community.

Your email address is used by us to send messages to you. We do so to confirm your username and password if you should forget your username or password. We also use your email address to assist in administering our web site and to help enforce our conduct rules (for example, people who post offensive messages in the forum can be banned). Should you enroll in an Art of Problem Solving online class, your email address will be used for communication purposes for that class. We will not send solicitation emails collected as part of the Art of Problem Solving Community unless the user elects to join our mailing lists. Your email address will not be shared with or sold to any third party without your explicit consent to the effect. We take reasonable steps to protect your email address, username, password, and other information from anyone who is not authorized to have such information. We cannot be held responsible for an unauthorized person illegally obtaining that information.

Our site has forums (message boards), private messaging, and real-time discussion available to its members. Please remember that any information that is disclosed in these areas is potentially available to other members and in some cases to the general public. You should not disclose any personal information, such as your real name, address, telephone number, email address, etc. Your username is the only identity that you need to have, and that is how people should know you on our site.

We may disclose data collected from Community members to a third party for educational research purposes. Such data will never contain any personally identifiable information, and will not be traceable to any individual user.

Cookies

A "cookie" is a small piece of data placed on your computer by us. Within your web browser, cookies placed by our website can only be accessed by our website; other websites you visit can not access these cookies. We use cookies to maintain session and preference information to improve the use of the website. We do not use cookies for marketing or advertising purposes. You may set your web browser to decline our cookies, however this will render large portions of our website unusable.

We also allow cookies to be placed on your computer by a third party for the purpose of website analytics. This allows a third party to collect data about your use of our website; however, no personally identifiable information is collected. We don't share the data that this third party collects with anyone besides this third party, and the third party is required (under its contract with us) to not share the data it collects with anyone other than us (except as may be required by law). We use the data that is collected in the following ways:

Teachers using our Teacher Tools

Teachers using our Teacher Tools on our website must first be members of the Art of Problem Solving community. We collect certain additional information from teachers wishing to use the Teacher Tools. We collect: your name, your school's name and address, a contact phone number and email address, and your school's website URL. We use this information to verify that you are a teacher at a legitimate educational institution or homeschool, and to contact you regarding the Teacher Tools. We may request from you other proof of school affiliation, as necessary, to determine your eligibility to use our teacher tools. We will not share this information with any third party (except as may be required by law) and will not use this information for marketing or any other purposes. Teachers may enroll students in their classes using the Teacher Tools. In the case that such a student is under the age of 13, teachers agree that they, or their school, are acting as the students' parents' agent in providing consent for the online collection of students' personal information within the school context. (Please see this website from the Federal Trade Commission for more details about this provision.)

Students enrolling in a class within his or her school, established by a registered teacher using our Teacher Tools

Students who enroll in a class set up by a registered teacher using our Teacher Tools do not need to be members of the Art of Problem Solving community. We will collect your name, and you will also have to choose a unique username and password, which are both needed to log on. (If you are already a member of the Art of Problem Solving community, we will use your already-existing username and password, but you may have to additionally provide your real name.) Your real name and username, along with other data that we have collected including (but not necessarily limited to) any data collected during your use of our Alcumus online educational system, will be shared with the teacher in whose class you are enrolling. We take reasonable steps to protect your name, username, password, and other information from anyone who is not authorized to have such information. We cannot be held responsible for an unauthorized person illegally obtaining that information. We will not use this information for any other purpose, and will not share this information with any other third party (except as may be required by law).

Customers purchasing a product or service

We collect certain information from a customer who is purchasing a product and/or service using our online ordering system. Such information may include: your name, your shipping address, your billing address, your credit card information, your email address, and your phone number. This information is used to process your purchase and to contact you if there is an issue with your purchase. We will share this information with our credit card payment processor. Additionally, your name, shipping address, email address, and/or phone number may be shared with the United States Postal Service or other private carrier, for the purpose of delivering any purchased goods to your shipping address. We will store all of this information on our secure server, except for your credit card information, which is only retained until your payment has been processed and is not stored thereafter; however, this information may be retained by our credit card processor for the purpose of processing additional transactions, refunds, and/or chargebacks. We have taken reasonable steps to protect your personal information from anyone who is not authorized to have such information; however, we cannot be held responsible for an unauthorized person illegally obtaining your personal information. We will not use this information for any purpose other than to process your purchase, and will not share this information with any other third party, except as described above or as may be required by law. We may use your email address for marketing purposes, but only if you give your permission to do so during the purchasing process, and such permission may be withdrawn at any time by contacting us (via the methods listed under "Contact Information" below).

Contact information

If you have any questions about this privacy statement or the practices of this site, you can contact us by email: privacy@artofproblemsolving.com or by mail at:

AoPS Incorporated
10865 Rancho Bernardo Rd, Ste 100
San Diego, CA 92127

Disclaimer of other sites' practices

Our site contains links to other sites. We are not responsible for the privacy practices or the content of other such sites.

Effective date and notice of future changes

This Privacy Policy is effective October 22, 2013. This Privacy Policy may be updated from time to time as necessary.

Information Practices With Regards to Children Under Age 13

The federal Children's Online Privacy Protection Act (COPPA) requires that we inform you of our practices with regards to our collection, use, or disclosure of personal information from children under age 13, and to obtain parental consent prior to collecting, using, or disclosing any such information.

1. Information we collect from children under age 13

"Child" refers to any person under the age of 13. We may collect from children:

(a) An email address that may be used by us to communicate directly with the child. This email address is never made available to any other user of the site, nor to any third party.

(b) A username used to uniquely identify each child. This username may be disclosed on our website, for example in our message boards, online classroom, or any other part of the site on which the child may participate. Other members of the website may use the child's username to directly contact the child (for example, by private message or in online classroom discussions).

(c) We may ask the child to provide his or her real name. The child's name will only be used for internal purposes, or will be disclosed only to third parties to whom the child has given specific authorization, for example a teacher at the child's school who has requested access from the child to view the child's online school reports. Such third parties must request permission from us before they request this information from the child, and we make a reasonable effort to determine if the third party's request is legitimate before granting such permission. The child's real name will never be made publicly available on our website by us.

(d) Other non-identifying data may be collected in the course of a child's participation on the website; for example, online homework submissions, live classroom discussions, etc. These data may be combined or associated with the child's username, and may be publicly available on the site.

(e) Children using our site may have the opportunity to post personal information about themselves (for example, in a message board post or on a blog or in our online classroom). Such information may be publicly displayed on the website alongside the child's username. Although we strongly discourage such divulgence of personal information, we cannot prevent it.

2. Parental rights and responsibilities

  1. We do not collect personal information from a child, except as noted below, until we have received verifiable parental consent in accordance with COPPA. The exceptions are:
    1. An email address is collected from a child at the time of registration, solely to contact the child's parent in order to obtain the necessary parental consent; and
    2. A username is selected by the child; however, this username cannot be used to contact the child, nor be used for the purposes listed in sections (c) and (d) of item #1 above, unless and until we receive verifiable parental consent.
  2. At any time, a parent can review or ask us to delete a child's personal information, or can refuse to permit its further collection or use, by contacting us by any of the means listed in item #3 below.

3. Contact information

Questions or comments about this policy, or requests pursuant to item #2(b) above, may be sent to:

AoPS Incorporated
10865 Rancho Bernardo Rd Ste 100
San Diego, CA 92127
(858) 675-4555
privacy@artofproblemsolving.com

ACS WASC
ACCREDITED
SCHOOL

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