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Terms of Use

Terms of Use

Last Updated: November 2, 2026

Preamble

The following Terms of Use, or “Terms” are the rules that govern use of the websites operated by MIND Education, a California nonprofit public benefit corporation (“MIND”, “we”, “us”, “our”), including those located at mindresearch.org, mindeducation.org, stmath.com, and such other websites and mobile applications (“App(s)”) as may be operated by MIND (“Site(s)”), including the Software as defined in Section 1.1. By downloading an App or otherwise using a Site, you and the entity that you represent, if applicable (“you”, “your”) agree to comply with and be bound by these Terms. This Agreement also incorporates by reference our Privacy Policy located at https://www.mindeducation.org/misc/privacy/, as it may be updated from time to time pursuant to the terms herein and therein.

MIND operates the Software under license from MIND Research Institute, Inc., a California nonprofit public benefit corporation, which owns the intellectual property in the Software. Your agreement is with MIND, and MIND is the party responsible to you under these Terms.

NOTE: SECTION 5 (Choice of Law; Dispute Resolution; No Class Actions) BELOW CONTAINS A BINDING ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER, THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH US. AS SET OUT IN SECTION 1.5, SECTION 5 APPLIES TO ADULT USERS AND TO THE ORGANIZATIONS THEY REPRESENT, AND DOES NOT APPLY TO STUDENTS.

1. Use of the Sites and Software.

1.1 Definitions.

“Software” means the products, features, tools, content and services comprising MIND’s ST Math® Suite, including without limitation ST Math, ST Math Classroom, ST Math at Home, Immersion, Fluency, Fluency +, Puzzle Talks, InsightMath and MIND Academy, together with any product, feature or service that MIND may add to, rename within, or substitute into the ST Math Suite from time to time. Where MIND makes a product available together with supplemental or product-specific terms, those supplemental terms govern that product to the extent of any conflict with these Terms.

“Student” means an individual who uses the Software for instructional purposes, whether enrolled in a school, educated at home, or participating in a program operated by a Community Organization.

“LEA” means a school, school district or other local educational agency.

“Community Organization” means an organization that is not an LEA and that permits individuals to use the Software in connection with a program it operates, including without limitation after-school programs, clubs, libraries, camps and tutoring providers.

“Adult User” means a person who accesses the Sites or Software in a capacity described in Section 1.4.

“Student Records” has the meaning given in the Privacy Policy. MIND is the party that collects, holds and controls Student Records under these Terms.

“Licensor” means MIND Research Institute, Inc., a California nonprofit public benefit corporation, which owns the intellectual property in the Software and licenses it to MIND.

1.2 Acceptable Use.

This Section 1.2 applies to all users of the Sites and Software.

You agree to use the Site in accordance with all applicable laws. Because MIND is a nonprofit, tax-exempt organization, you agree that you will not use the Site for organized partisan political activities. You further agree that you will not post, upload, transmit, distribute, store, create or otherwise publish through any Site, or through any other MIND computing resources:

  • Content that defames or threatens others
  • Statements that are bigoted, hateful or racially offensive
  • Content that discusses illegal activities with the intent to commit them
  • Content that infringes another’s intellectual property, including, but not limited to, copyrights, trademarks or trade secrets
  • Material that contains vulgar or obscene language or images
  • Advertising, promotional materials, or any form of commercial solicitation

You also may not:

  • harvest or otherwise collect personal information about users, including e-mail addresses, without their consent
  • use any robot, spider, crawler, scraper, bots or other automated means to access or use the Sites
  • introduce or attempt to introduce software viruses, Trojan horses, worms, backdoors or any other computer codes, files, or programming instruction or set of instructions that are designed or intended to disrupt, disable, harm, interfere or otherwise adversely affect any computer programs, software, firmware, hardware, mobile devices, wireless devices, computer systems, data or operations.

1.3 Student Users.

The Software is made available to Students through one of three routes. The provisions of this Section 1.3 that apply to a Student depend on the route through which that Student was given access. Students are not subject to Sections 5, 6 or 8 — see Section 1.5.

(a) Access through a School or District. A Student may be given access either:

  • (i) by an LEA, where the LEA holds a subscription or license for the Software and is responsible for authorizing that Student’s use; or
  • (ii) by an individual educator, where a teacher or other school staff member has obtained a subscription directly and adds Students to it.

In either case the representations in Section 1.4(a) apply. Where access is given under (a)(ii), the individual educator makes those representations in their own right and in respect of the school they have identified when obtaining the subscription.

(b) Access through ST Math at Home. Where a Student is given access by a parent or legal guardian, that parent or legal guardian must add the Student to their account and must make the representations in Section 1.4(b).

(c) Access through a Community Organization. Where a Student is given access by a Community Organization, that organization must make the representations in Section 1.4(c).

(d) Use by Students. If you are a Student, you may use the Sites and Software only as permitted by the LEA, parent or legal guardian, or Community Organization that gave you access, and in accordance with Section 1.2.

(e) Students Under 13. No person may permit a Student under 13 years of age to use the Sites or Software except:

  • (i) an authorized representative of that Student’s LEA, with authority to consent to the collection, use and disclosure of personal information from that Student, or an individual educator who has given the authorization described in Section 1.3(a)(ii);
  • (ii) that Student’s parent or legal guardian, having made the representations in Section 1.4(b); or
  • (iii) a Community Organization, having made the representations in Section 1.4(c).

1.4 Adult Users.

(a) School and District Personnel. If you represent a school or other LEA, you hereby represent, warrant and covenant on behalf of such school or other LEA that:

  • (i) you have the authority to disclose any Student Records provided to us for your Students hereunder, and have obtained all consents necessary for same;
  • (ii) you have not and will not breach any applicable laws in the collection, disclosure or use of the Student Records hereunder; and
  • (iii) if you have Students under 13 who will use the Sites or Software, you expressly consent to the collection, use and disclosure of personal information as set forth in our Privacy Policy from your Student users under the age of 13.

You also agree to use the Sites and Software, as well as any Student information you collect from them, in accordance with our Privacy Policy and all applicable laws.

(b) Parent and Guardian Subscribers. If you create or maintain an account through which one or more Students use the Software otherwise than through an LEA or a Community Organization, you represent, warrant and covenant that:

  • (i) you are at least 18 years of age;
  • (ii) you are the parent or legal guardian of each Student you add to your account;
  • (iii) you permit each such Student’s use of the Software; and
  • (iv) you consent to the collection, use and disclosure of each such Student’s information as described in the Privacy Policy.

You will notify us promptly if any of these representations ceases to be accurate. Your purchase, cancellation and deletion rights are set out in Schedule A.

(c) Program Staff. If you access the Sites or Software on behalf of a Community Organization, you represent, warrant and covenant that:

  • (i) you are at least 18 years of age and are authorized to act on behalf of that organization;
  • (ii) the organization has obtained, from the parent or legal guardian of each Student it permits to use the Software, permission for that Student’s use of the Software and for the collection, use and disclosure of that Student’s information as described in the Privacy Policy;
  • (iii) the organization applies appropriate screening procedures to each individual to whom it grants access to Student information through the Software; and
  • (iv) the organization is not an LEA, and acknowledges that Section 8 (FERPA Compliance) and the other provisions of these Terms applicable to LEAs do not apply to it.

(d) Acceptance on Behalf of Students. If you are described in subsection (a), (b) or (c) above, you acknowledge that you have the authority to accept these Terms of Use and our Privacy Policy on behalf of each Student to whom you give access to the Sites or Software, and you accept them on behalf of both yourself and each such Student. Your acceptance of any amendment to these Terms, whether given affirmatively or, where applicable, signified by your continued use of the Sites in accordance with Section 11 (Amendments), constitutes acceptance of the amended Terms on behalf of yourself and each such Student. We do not require, and do not rely upon, any Student’s own acceptance of these Terms.

1.5 Which Provisions Apply to Whom.

Sections 5 (Choice of Law; Dispute Resolution; No Class Actions), 6 (Disclaimers; Limitation of Liability) and 8 (Your Representations and Warranties; Indemnification) apply only to Adult Users and to the LEAs and Community Organizations on whose behalf they act. They do not apply to Students.

1.6 Products Added to the ST Math Suite.

A product added to the ST Math Suite is governed by the provisions of Section 1.3 applicable to the route through which it is accessed and, where used by an Adult User, by Section 1.4, unless MIND makes that product available together with supplemental product-specific terms.

2. Permission to Use the Sites.

License from Us. Subject to your compliance with the Terms, and subject to MIND’s license from the Licensor, MIND grants you a personal, non-exclusive, non-transferable license to (a) if you are a Student, or parent or legal guardian of a Student, using the App, download, install, and use the App, if applicable, on a mobile device; and (b) access and use the Site, including the contents and materials on the Sites, including reports generated from the Software, for your internal personal purposes, and not for commercial resale, sublicensing, time-sharing or service bureau usage. You may access the Site only for your own personal, non-commercial uses described herein. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any materials on the Site, including the Software. Any resale, redistribution, or publication of the Software or other contents on the Sites, or any modifications or derivative works, is prohibited. The burden of determining that use of any information, software or any other content on the Site is permissible rests with you.

Restrictions. Subject to the terms above, certain reports generated by the Software may be downloaded onto your computer or device through the use of the Software. If you download or print a copy of such content for personal use, you must retain all copyright and other proprietary notices contained therein. The use of bots, crawlers, spiders, data miners, scraping and other automatic access tools to collect any content on the Sites, or otherwise access the Sites, is expressly prohibited. You agree not to circumvent, disable or otherwise interfere with security related features of the Sites or Software. Notwithstanding anything in the foregoing, you may not copy, modify, distribute or reverse engineer, decompile or disassemble the Apps, Software, or other Sites, or make any derivative works based on any App, Software, or other Sites (including any customization, translation, or localization). Your compliance with the requirements in this paragraph is a condition to, and material inducement and consideration for, our granting you the right to download, access and use the Sites. Any unauthorized use or other activity by you in violation of these Terms of Use will cause the licenses granted to you under this Section 2 to terminate immediately and automatically. Nothing in these Terms of Use transfers or otherwise grants to you any ownership rights in any intellectual property rights of MIND or any third party licensor; and all right, title and interest in, to and under any intellectual property rights in the Software will remain solely with the Licensor, and in the Sites and other materials on the Sites with MIND, its affiliates or such third party licensor, as applicable.

3. Feedback.

You may use the Site for legal purposes only. MIND has the right to remove material from the Site, block access, or take other action with respect to material submitted through the Site in its sole discretion. MIND has no liability with regard to material submitted by users of the Site.

Feedback that You Provide. If you provide any ideas, suggestions, documents, and/or proposals (“Feedback”) to us through the Sites, you acknowledge and agree that: (a) your Feedback does not contain confidential or proprietary information of yours or of any third party; (b) such Feedback does not infringe the intellectual property rights of any third parties; and (c) you grant MIND a perpetual, irrevocable, worldwide, fully paid-up, royalty-free, sublicensable license to use, reproduce, display, create derivative works of, and otherwise exploit such Feedback.

MIND’s Site may include hyperlinks to websites maintained or controlled by others. MIND is not responsible for and does not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these websites.

5. Choice of Law; Dispute Resolution; No Class Actions.

This Section 5 applies to Adult Users and to the LEAs and Community Organizations on whose behalf they act. It does not apply to Students.

Governing Law. You agree that any dispute arising out of or relating to these Terms or any content posted to a Site will be governed by the laws of the State of California, excluding any conflicts of law provisions to the contrary, as well as all applicable federal laws, including the Federal Arbitration Act.

Informal Resolution First. Before initiating arbitration, you agree to provide us with written notice of the dispute, sent to the address in Section 11, describing the nature of the claim and the relief sought. We will have sixty (60) days from receipt to attempt to resolve the dispute informally, and both parties agree to engage in good-faith discussion during that period. Any applicable limitations period is tolled while this process is pending. Compliance with this paragraph is a condition precedent to initiating arbitration.

Arbitration. Except as provided in the Exceptions paragraph below, any controversy, claim or dispute arising out of these Terms or your use of the Site (“Claims”) shall be resolved by final and binding arbitration administered by JAMS before a single arbitrator, pursuant to the JAMS Streamlined Arbitration Rules and Procedures. MIND acknowledges that the JAMS Consumer Arbitration Minimum Standards apply to any arbitration brought by an individual consumer under these Terms, and MIND will not contend otherwise. The arbitrator shall be empowered to award any form of individual relief, including injunctive relief.

Arbitration will be conducted by videoconference unless the parties agree otherwise or the arbitrator determines that an in-person hearing is necessary, in which case the hearing will take place at a location reasonably convenient to the claimant. At the request of either party, and subject to the arbitrator’s discretion, a hearing may be conducted telephonically or entirely upon written submissions.

Fees. Where the claimant is an individual consumer, the claimant is responsible for the initial filing fee up to the amount specified in the JAMS Consumer Arbitration Minimum Standards, and MIND will pay all remaining arbitration fees and costs.

Exceptions. Notwithstanding the foregoing, either party may (a) bring an individual action in small claims court; and (b) seek temporary or preliminary injunctive or other equitable relief in a court of competent jurisdiction to prevent or restrain actual or threatened infringement, misappropriation or violation of that party’s intellectual property rights, or unauthorized access to or disclosure of data, pending the outcome of arbitration.

Class Action Waiver. You waive the right to bring any Claim as a class action, consolidated, multi-district or collective action. You also agree not to participate in any class action, consolidated, multi-district or collective action regarding any Claim.

Coordinated Proceedings. If twenty-five (25) or more demands for arbitration raising substantially similar claims are filed against MIND by or with the assistance of the same counsel or coordinated counsel, the demands will be administered in sequential batches of no more than fifty (50) demands, with a single arbitrator appointed per batch and arbitration fees assessed per batch rather than per demand. The parties will cooperate with JAMS to implement this process, and any applicable limitations period is tolled for demands awaiting a later batch.

Time to Bring a Claim. YOU AND MIND RESEARCH INSTITUTE/MIND EDUCATION AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, EXCEPT WHERE A SHORTER LIMITATIONS PERIOD IS PROHIBITED BY APPLICABLE LAW. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Severability of this Section. If the Class Action Waiver above is found unenforceable as to any Claim or any request for particular relief, that Claim or request shall be severed from the arbitration and brought in a court of competent jurisdiction, and the remainder of this Section 5 shall remain in full force and effect as to all other Claims. If any other provision of this Section 5 is found unenforceable, that provision shall be severed and the remainder of this Section 5 shall remain in full force and effect.

6. Disclaimers; Limitation of Liability.

Disclaimers. MIND does not warrant, and hereby disclaims any warranties, either express or implied, with respect to the accuracy, adequacy or completeness of any Site, information obtained from the Site, or link to a Site. MIND does not warrant that the Site will operate in an uninterrupted or error-free manner or that the Site is free of viruses or other harmful components. Use of information obtained from or through these Sites is at your own risk. MIND makes no representation regarding your ability to transmit and receive information from or through the Site and you agree and acknowledge that your ability to access the Site may be impaired. MIND disclaims any and all liability resulting from or related to such events. THIS SITE, THE SOFTWARE AND ANY INFORMATION, PRODUCTS OR SERVICES HEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR USE OF A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Limitation of Liability. YOU AGREE THAT MIND WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS, OR TO YOUR (OR ANY THIRD PARTY’S) USE OR INABILITY TO USE THE SITE, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITE. IN PARTICULAR, MIND WILL HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OR INABILITY TO USE A SITE, OR ANY PURCHASES ON THIS SITE, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH A SITE, WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW.

OUR AGGREGATE LIABILITY ARISING OUT OF THE SITES OR THE SOFTWARE WILL NOT EXCEED THE AMOUNTS YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

NOTHING IN THIS SECTION LIMITS OR EXCLUDES OUR LIABILITY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; (C) WILLFUL MISCONDUCT OR GROSS NEGLIGENCE; (D) VIOLATION OF LAW; OR (E) ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

THIS SECTION DOES NOT APPLY WHERE A SEPARATE WRITTEN AGREEMENT BETWEEN MIND AND YOU OR THE ORGANIZATION YOU REPRESENT — INCLUDING ANY DATA PROCESSING AGREEMENT OR STUDENT DATA PRIVACY AGREEMENT — PROVIDES OTHERWISE, IN WHICH CASE THAT AGREEMENT CONTROLS.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

7. Our Marks.

The ST Math® mark, the names of the products comprising the ST Math Suite, and the logos and graphics appearing on the Site are trademarks owned by the Licensor and used by MIND under the license described in the Preamble. Use, reproduction, copying or redistribution of those trademarks without the written permission of the Licensor is prohibited. All other trademarks or service marks appearing on the Site are the marks of their respective owners. Unless otherwise noted, all content on the Site is copyrighted by MIND or the Licensor, as applicable.

8. Your Representations and Warranties; Indemnification.

This Section 8 applies to Adult Users and to the LEAs and Community Organizations on whose behalf they act. It does not apply to Students.

FERPA Compliance. If you are a school or LEA, you hereby designate MIND Research Institute/MIND Education as an “other school official” under The Family Educational Rights and Privacy Act, 20 U.S.C. §1232g (“FERPA”), that has a “legitimate educational interest” in using and accessing Student Records disclosed to us for use of the Sites or Software, and you hereby represent, warrant, and covenant that (a) you have obtained all consents necessary in connection with disclosing any Student Records directly or indirectly to us, and (b) such disclosures have not and will not violate FERPA. This paragraph applies only to schools and LEAs. It does not apply to Community Organizations or to Parent and Guardian Subscribers.

Indemnity. You agree to indemnify and hold MIND, its subsidiaries, affiliates, partners, customers, sponsors, service providers, officers, employees, and agents harmless from any claims, losses, costs or damages, including legal fees, resulting from your violation of these Terms, your use of the Site or your placement of any link, content or other information on the Site, and your violation of the rights of any third party, and to fully cooperate in MIND’s defense against any such claims.

9. Your Account.

If you use this site, you are responsible for maintaining the confidentiality of your account and password, if any, and you agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us of any unauthorized use of either your password(s) or account(s) or any other breach of security. MIND is not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations. You further agree that you will not permit others, including, without limitation, those whose accounts have been terminated, to access our Sites using your account(s) or user ID. If you are under 18, you may purchase products or services only through a parent or guardian. You agree that billing and registration information you provide on the Site will be accurate and complete. Purchase, cancellation and deletion terms applicable to ST Math at Home subscriptions are set out in Schedule A. MIND and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

10. Termination of Use.

(a) Termination by an LEA. An LEA may terminate use of the Sites or Software by provision of written notice of termination to us, pursuant to the notice provisions set forth in Section 11. Following written notice of termination, we will cease use and storage of Student Records received from the LEA in accordance with the LEA’s direction and any applicable data processing or student data privacy agreement, which will control. We will not retain Student Records received from an LEA on the basis of consent from a Student or a Student’s parent or legal guardian where the LEA has directed deletion.

(b) Termination by a Parent or Guardian Subscriber. A Parent or Guardian Subscriber may terminate their subscription and request deletion of their account and associated Student information as set out in Schedule A.

(c) Termination by a Community Organization. A Community Organization may terminate use of the Sites or Software by written notice to us pursuant to Section 11, and we will cease use and storage of Student information received from that organization in accordance with its direction.

(d) Termination or Suspension by Us. We may suspend or terminate your access to all or any part of the Sites or Services, or block or disable your access or use of the Apps, at any time, with or without cause, with or without notice, effective immediately. Without limiting the foregoing, we may suspend or terminate your access if (i) we believe, in our sole discretion, that you are in breach of this Agreement or are acting in a manner that shows that you do not intend to, or are unable to, comply with the Terms; (ii) we are required to do so by law; (iii) we elect to no longer provide the Sites or Services to users in the state or country in which you are resident or from which you use the Sites or Services; (iv) we believe that your use may infringe or violate the rights of a third party or subject us or one of our affiliates to civil or criminal liability or reputational harm; or (v) we believe such suspension or termination is necessary or appropriate to avoid harm to the Sites, Services, or persons; in each such case, no portion of your subscription payment will be refunded. If we suspend or terminate your access for no reason or for a reason other than those set forth in the preceding sentence, we will refund to you any unused portion of your subscription payment, if any, which will be your sole and exclusive remedy upon such suspension or termination. All Terms that by their nature should survive termination of this Agreement, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability, shall so survive. If your account is cancelled or terminated for any reason, you will no longer be able to access information under your account.

(e) Retention and Deletion. We will retain Student information only for as long as necessary to provide the Software and as described in the Privacy Policy, and will not retain Student information indefinitely. Our retention periods and deletion practices are set out in the Privacy Policy.

11. General.

Certain Third Party Terms. You agree that, in addition to these Terms, your use of Apps may be subject to (a) the usage rules set forth in Amazon Appstore’s terms of use, Apple App Store’s terms of use, or Google Play’s terms of service, if you download from Amazon Appstore, Apple App Store or Google Play, respectively; or (b) those of any other third party platform, developer or distributor end-user license agreement and/or terms and conditions by which you agree to be bound when you download or access the App or when you access any portion of the Software that MIND makes available through a third party platform.

Entire Agreement; Order of Precedence. These Terms, including our Privacy Policy, together with any legal notices or other terms or conditions published on the Sites or in the Software, constitute the entire agreement between you and MIND and its affiliates with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements relating to that subject matter.

Notwithstanding the foregoing, where you or the organization you represent has entered into a separate written agreement with MIND — including without limitation a license agreement, data processing agreement, student data privacy agreement, or purchase agreement — that agreement controls to the extent of any conflict with these Terms. Where MIND makes a product available together with supplemental or product-specific terms, those supplemental terms control for that product to the extent of any conflict with these Terms.

Amendments. We reserve the right to amend these Terms of Use at any time. We will post notice of any material amendment on the Sites or send it to the e-mail address associated with your account. Amendments will not apply retroactively, and will not reduce the commitments MIND has made in any separate written agreement described above. Where we make a material amendment to these Terms or to the Privacy Policy, you will be required to affirmatively accept the revised Terms or Privacy Policy before you may continue to use the Sites or Software. For any amendment that is not material, your continued use of the Site after we post notice of the amendment will signify your acceptance of the revised Terms.

Notices. All notices, demands and other communications hereunder shall be in writing. We may provide notice to you by posting announcements on any of the Sites or sending an e-mail to the e-mail address currently associated with your account; any such e-mail notice will be deemed given on the day it is sent.

Notices to us of a legal nature may be given, at your option, (a) by e-mail to legal@mindeducation.org, which will be deemed given on the day sent, or (b) by certified first-class U.S. mail, return receipt requested, to the address below, which will be deemed given upon receipt:

Attention: Legal
legal@mindeducation.org
Mail: MIND Education
5281 California Ave., Suite 300
Irvine, CA 92617
Tel: 949-345-8700 or 888-751-5443 (Toll Free)

All notices regarding copyright or other intellectual property infringement issues shall be sent as described in Section 12.

MIND respects the intellectual property rights of others. If you believe your copyright has been violated on a MIND Site, please send a notice containing the information below to our designated agent:

Attention: DMCA Designated Agent
copyright@mindeducation.org

Mail: MIND Education
5281 California Ave., Suite 300
Irvine, CA 92617

Your notice must include:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
  • A description of the copyrighted work that you claim has been infringed.
  • A description of where (by URL and physical description) the material that you claim is infringing is located on the Site.
  • Your address, telephone number, and email address.
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Upon receipt of a notice complying materially with these requirements, we will expeditiously remove or disable access to the identified material and will take reasonable steps to notify the person who provided it. That person may submit a counter-notification in accordance with 17 U.S.C. §512(g)(3). If we receive a valid counter-notification, we will provide a copy to the original complaining party and will restore the removed material in not less than ten (10) nor more than fourteen (14) business days following receipt, unless we first receive notice that the complaining party has filed an action seeking a court order to restrain the allegedly infringing activity. Repeat infringers’ accounts will be terminated.

SCHEDULE A — Consumer Terms (ST Math at Home)

This Schedule applies to Parent and Guardian Subscribers who purchase an ST Math at Home subscription, except that paragraph A.2.1 applies to ST Math Classroom and other subscriptions held by an LEA or other organization. Where this Schedule conflicts with the main body of these Terms, this Schedule controls for the subscriptions to which it applies.

A.1 Subscription and Billing. Your subscription begins when we confirm your purchase and continues for the term you selected. Subscription fees, the number of Student seats included, and the billing period are as presented at the time of purchase.

A.2 Automatic Renewal.

Your ST Math at Home subscription automatically renews. At the end of each subscription term, your subscription will renew for a further term of the same length and the payment method on your account will be charged the then-current subscription fee, unless you cancel before the renewal date.

  • Term and price. The length of your subscription term and the renewal price are as presented to you before you complete your purchase and as confirmed in your purchase confirmation.
  • Free trials and promotional pricing. Where your subscription begins with a free trial or at an introductory or promotional price, the price that will apply once that period ends, and the date on which it takes effect, are as presented to you before you complete your purchase and as confirmed in your purchase confirmation. Unless you cancel before that date, your subscription will continue at the standard price and will renew as described above. Where required by applicable law, we will send notice before the free trial or promotional period ends.
  • Renewal reminder. Where required by applicable law, we will send a reminder to the e-mail address on your account before a renewal, stating the renewal date and the amount that will be charged.
  • Cancelling. You may cancel at any time, online through your account settings, in the same manner in which you subscribed, and without having to contact us by telephone or e-mail. Cancellation stops future renewals and takes effect at the end of your current paid term.
  • Price changes. If we change the renewal price, we will notify you in advance of the renewal and you may cancel before the new price takes effect.

A.2.1 ST Math Classroom and other institutional subscriptions.

An ST Math Classroom subscription, and any other subscription held by an LEA or other organization, does not automatically renew. Your subscription ends at the end of its term. If you wish to continue using the Software after your term ends, you must enter into a new order, quote, or purchase agreement for a further term; we will not charge you, and no new term will begin, unless you do so.

Where a separate written agreement — including a quote, order form, purchase agreement or invoice — states different renewal, term or cancellation provisions, that agreement controls in accordance with Section 11 (Entire Agreement; Order of Precedence).

A.3 Cancellation. You may cancel your subscription at any time through your account settings or by contacting us at the address in Section 11. Cancellation stops future billing. Unless required by applicable law, fees already paid are not refunded, and you may continue to use the Software for the remainder of the term you have paid for.

A.4 Deletion of Student Information. You may request deletion of your account and of the information associated with the Students on your account at any time, through your account settings or by contacting us. Following your request we will delete that information in accordance with the Privacy Policy, except where we are required by law to retain it.

A.5 Accounts for Students. You may add Students to your account only if you have made the representations in Section 1.4(b). You are responsible for supervising each Student’s use of the Software.