WestEd Carnegie Math Pathways Terms of Service

Last updated: 03/01/2024
Please read the following carefully.

By clicking "I accept" or "I agree", you are entering into a binding contract with WestEd Carnegie Math Pathways, a California Joint Powers Agency, ("WestEd") for the Site and for the Services made available on the Carnegie Math Pathways Site (“Site”). This Site provides access to publicly available curricular materials and Services which consist of registration for instructors to access additional curricular materials. Anyone can access the Site but only instructors may use the Services. 

IMPORTANT: If you are a minor (someone under the age of 18), you may not register for, or otherwise access, the Services nor may you agree to these Terms of Service (“Terms”).

The Services are intended for use only by Instructors. Non-instructors, including, but not limited to, students are not permitted to register an account with the Services.

If you have any questions about these Terms, please contact us at: help@carnegiemathpathways.org.

It is important to us that the Services provide you with a helpful and reliable experience. To protect our rights and yours, these Terms govern all uses of the Site and Services. Access or use of the Services for which you seek registration or enrollment constitutes acceptance of these Terms as a binding agreement. By clicking I agree when you register for an account to use the Services, you represent that you (1) have read and understood the terms, (2) agree to use the Services in compliance with applicable laws and these Terms and (3) are an Authorized User (as defined below). You may not use the Services if you do not agree with these Terms or if you are not an Authorized User. In addition to being a part of the registration form, these Terms are accessible through a link on the Services so that you may reference it at any time.

1. Privacy Policy


Please review our Privacy Policy, available at https://oer.carnegiemathpathways.org/privacy_policy to understand our data collection and use practices. We will collect, process and use your personal information in accordance with our Privacy Policy.

2. Changes to these Terms


WestEd reserves the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time. We will notify you of such changes by either contacting you via email or posting reasonable notice in connection with the Services to alert you to such changes. By checking the box I agree next to the hyperlinked terms of use will constitute your consent to the revised Terms. Changes addressing new functions for a service or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms, you must discontinue your use of the Services. If you have any questions about these Terms, please contact us at: help@carnegiemathpathways.org.

3. The Services


The Services are not available to any Users previously suspended or removed from the Services by WestEd, non-instructors, and any persons under the age of 18. The Services are owned by WestEd (collectively, "we," "us," or "WestEd"). The Services may be delivered to you through the Internet via your browser or app (mobile or otherwise) and your User Account (defined below) for the Services may continue for an indefinite period of time.

4. Authorized Users and User Accounts


The Services are available only to instructors ("Authorized User" or "User"). In order to initiate access to the Services, you must register for a user account ("User Account") by providing your first name, last name, valid email address, institution name, institutional role, and designating a secret and unique password ("Account Credentials"). WestEd may use your Account Credentials to validate your account prior to providing access to the Services each time you access the Services.

WestEd operates the Services in the United States. If you choose to access the Services from locations outside the United States, you agree that you have the legal authority to consent and consent to the collection, transmission, use, storage and processing of content and data (including your personal information) in the United States. The Services are not intended for use by residents of countries in which trade restrictions prohibit the sale of certain U.S. products or services or where your use would render WestEd in violation of any applicable laws or regulations, including without limitation, Privacy Laws.

You may have only one active User Account at any given time. You agree to provide accurate and truthful information when creating a User Account and to promptly update such information should it change.

Minor User. You may not register for the Services if you are under the age of 18. 

The Services are not intended for creation or processing of education records as defined by the Family Education Rights and Privacy Act (“FERPA”).

5. Protection of Account Credentials


Your User Account is for your personal use only. Unless we provide an approved mechanism for such use, allowing others to access or use the Services through your User Account is strictly prohibited and you are responsible for all uses of the Services associated with your Account Credentials, whether the use is made by you personally or by a third party due to your disclosure of your Account Credentials.

In order to protect the security of your Account Credentials and the Services, it is important that you maintain the confidentiality of your Account Credentials. You agree not to (1) use Account Credentials other than your own, or (2) to disclose your Account Credentials to any third party or service. You agree to take reasonable steps to protect the secrecy of your Account Credentials and immediately notify WestEd at help@carnegiemathpathways.org of any known or suspected loss, disclosure or theft of your Account Credentials and/or access codes you obtain in connection with the Services.

6. License to Use Materials


The content provided through the Services (collectively referred to as "Materials") are subject to a Creative Commons Attribution-NonCommercial (CC-BY-NC) license. As such, the ownership of these Materials is governed by the terms of the CC-BY-NC license which is available for your review here: https://creativecommons.org/licenses/by-nc/4.0/. This license allows for certain uses, as specified by the terms of the CC-BY-NC license, while still maintaining some restrictions on commercial use. All rights not expressly granted herein are reserved. Users are permitted to reproduce, redistribute, modify, publish, or adapt Materials, in whole or in part, in accordance with the terms of the CC-BY-NC license. The Services may facilitate the copying or downloading of certain Materials for personal, non-commercial, and educational use, but it is important to note that this functionality does not negate the restrictions outlined in the CC-BY-NC license.

You are responsible for meeting the then-current hardware, operating system, Internet browser and other technical requirements necessary to properly use and access the Services. All rights not specifically granted herein are reserved by WestEd.

7. Prohibited Use of the Site and Services


You are expressly prohibited from any conduct which: 

  • threatens the security, integrity or availability of the Site or Services; 
  • provides or facilitates access to the Site Services by unauthorized users or services; and/or results in prohibited duplication, transmission or exposure of User information associated with the Services. 

You will not register an account if you are not an instructor aged 18 or older associated with an educational institution or teaching a course; You represent and agree that you shall not use the Services in violation of these Terms, or any applicable local, state, national or international law or regulation. 

You further agree that you will not use the Site or Services in a manner which threatens the security, stability or integrity of the Site or Services or networks connected to the Services ("Service Network"). 

Without limiting the foregoing, you acknowledge and agree that that you will not take any action to:
  • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; including using another person's User Credentials (including passwords) or making your User Credentials available for use by others;
  • use or attempt to use any "deep-link," "scraper," "robot," "bot," "spider," "data mining," "computer code" or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Site Services,
  • violate any measure employed to limit or prevent access to the Site or Services or otherwise obtain or attempt to obtain through any means any content, functionality or other information which has not been intentionally made available to you either by visible display on the Site or Services or access through a visible link on the Site or Services;
  • reverse engineer, or otherwise attempt to obtain the source code of the Site or Services;
  • attempt, in any manner to gain unauthorized access to the Service Network, obtain the password, account, or other security information from or of any other User, or otherwise violate the security of the Service Network or access encrypted codes;
  • interfere with or disrupt (or attempt to interfere with or disrupt) the proper working of the Site or Services or Service Network, or violate any requirements, procedures, policies or regulations of the Service Network;
  • take or attempt any action that, in the sole and absolute discretion of WestEd, imposes or may impose an unreasonable or disproportionately large load or burden on the Site or Service Network, disrupts the normal flow of data, or threatens the stability of the Site or Services or Service Network;
  • reveal your account password to others or allows use of your account by others;
  • attempt to access any data, electronic content, computer or network resources for which you do not have authorization or consent to access or to circumvent user authentication or security of any host, network, or account;
  • cause a breach of security or any action to attempt to circumvent or reduce the security of the Site or Services;
  • engage any conduct which, in WestEd's sole and absolute discretion, diminishes the pedagogical or commercial value of the Services, infringes any proprietary rights in the Materials or Applications, or otherwise violates these Terms.

WestEd reserves the right, at its sole discretion, to suspend or terminate access to and use the Site or Services with respect to any User that WestEd reasonably believes has undertaken, or participated in, any of the foregoing activities, violated the terms of these Terms, or whose actions have, or are likely to, otherwise cause harm to WestEd, the Site, the Services, the Service Network or other Users, or for any other reason at the sole and absolute discretion of WestEd. Additionally, WestEd may suspend or terminate your access at any time at the request of your Institution.

8. User Suggestions


WestEd welcomes suggestions and comments regarding the Services. Suggested improvements, additions or other comments may be submitted by you to WestEd, whether through the Services, online, offline, verbally, or in writing ("User Suggestions"). Regardless of the manner of submission, you hereby acknowledge that all right, title and interest and any other intellectual property rights in the User Suggestions shall become the exclusive property of WestEd and may be used for its business purposes at WestEd’s sole and absolute discretion without any payment or accounting to you. This term is intended to avoid the possibility of future misunderstandings when products and services developed by WestEd might seem to others to be similar to their own submissions or comments. 

9. No Liability for Third Party Websites and Third Party Content


WestEd assumes no responsibility for Reference Sites and other third-party content ("Third Party Content"), services or applications that may be accessed by way of links on the Services to sites hosted by third parties that are outside of WestEd's control ("Third Party Sites"). WestEd does not endorse or guarantee the accuracy, integrity or quality of Third Party Site or Third Party Content and disclaims all liability for any errors, omissions, violation of third-party rights or illegal conduct arising from such content or sites. The inclusion of a link to any Third Party Site in the Site or Services does not imply that the owners of such Third-Party Sites have sponsored or endorsed the Services. Access and use of Reference Sites and Third Party Content, including the information, materials products and services on or available through such sites is solely at your own risk. WestEd is not responsible for the accessibility of Third-Party Sites accessed through links to the Services. Should you discover that a link to a Third-Party Site is no longer functional please contact us at help@carnegiemathpathways.org. Any links which directs Users to inappropriate content or Prohibited User Content should be reported to us at help@carnegiemathpathways.org.

10. Availability of the Site and  Service


The scope and availability of the Site and Services may vary. WestEd is not responsible for limitations of access resulting from any Third Party Service or as the result of certain account settings established by you. You are responsible for obtaining Internet access in order to use the Site or Services. 

While WestEd makes reasonable efforts to ensure the availability of the Services to Authorized Users, the Services may be unavailable for limited periods of time due to scheduled routine maintenance, emergency maintenance or factors beyond WestEd's control, such as disruptions of internet services or unforeseen threats to the integrity or security of the Services.

WestEd may at any time, with or without notice to you, restrict the use and accessibility of the Site and Services and/or discontinue any portion, feature, or content of the Site or Services. WestEd will make reasonable efforts to provide Authorized Users notice of significant changes to the Services to Authorized Users whenever reasonably feasible and provide alternative materials or services if substantial portions of the Services become unavailable.

11. Termination of Access


Termination by You. You may terminate your User Account at any time by notifying WestEd of your decision to do so. Your satisfaction with the Services is important to us. If you have any concerns or complaints about the Services or wish to terminate your access to the Services, please contact us at help@carnegiemathpathways.org.

Termination by WestEd. WestEd may, in its sole discretion, and with or without advance notice, suspend your access to all or any part of the Services, or terminate your rights to use the Services, for any conduct or use (whether by you or anyone else having access to the Services under your Account Credentials which is a violation of these Terms) that WestEd reasonably believes violates these Terms.

Effect of Termination. Whether termination is initiated by you, or WestEd, Sections 6, 11-15, 17, 18, and 19 of these Terms shall survive any such termination. Data may be permanently lost upon termination of the Service, whether by you or WestEd.

12. Sole Remedy


WestEd's entire liability to you, and your sole and exclusive remedy, regarding the use of the Site and Services shall be, at WestEd’s discretion, restoration of access for which you have registered. If you are dissatisfied with a Service, please contact us at help@carnegiemathpathways.org.

13. Disclaimer of Warranties


YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (a) YOUR USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS; (b) YOU HAVE NOT RELIED ON ANY STATEMENT, INFORMATION OR ADVICE FROM WESTED'S REPRESENTATIVES OR RESELLERS WHICH WOULD BE DEEMED TO BE A WARRANTY OF THE SITE AND THESE SERVICES OR FORM THE BASIS FOR ANY LIABILITY OF WESTED; (c) TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WESTED AND ITS PARTNERS AND CONTRACTORS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

NEITHER WESTED NOR ITS PARTNERS MAKE ANY REPRESENTATION OR WARRANTY THAT: (a) THE SITE OR SERVICES OR YOUR USE THEREOF WILL BE UNINTERRUPTED OR ERROR- FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE; OR (c) THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

14. Limitation of Liability


IN NO EVENT SHALL WESTED OR ITS EMPLOYEES, OFFICERS, AGENTS, CONTRACTORS OR PARTNERS BE LIABLE FOR ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND -- INCLUDING, WITHOUT LIMITATION ANY CLAIMS OR DAMAGES BASED ON YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES, ANY THIRD PARTY WEBSITES, OR APPLICATIONS ACCESSED THROUGH THE SERVICES, DAMAGE TO PROPERTY, THIRD PARTY CLAIMS, LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, LOSSES CAUSED BY YOUR RELIANCE ON ANY CONTENT OR INFORMATION PROVIDED THROUGH THE SERVICES, AND/OR ANY OTHER LOSSES OF ANY KIND ARISING FROM YOUR USE OF THE SITE OR SERVICES. WESTED'S MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS WILL IN NO EVENT EXCEED $1,000. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE, EVEN IF WESTED HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE, AND/OR IF ANY OF THE LIMITED REMEDIES IN THESE TERMS FAIL THEIR ESSENTIAL PURPOSE.

NO ACTION, REGARDLESS OF FORM, ARISING UNDER THESE TERMS MAY BE BROUGHT BY YOU MORE THAN ONE YEAR AFTER THE FACTS SUPPORTING THE CAUSE OF ACTION HAVE BECOME KNOWN, OR REASONABLY SHOULD HAVE BECOME KNOWN TO YOU. NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND IN SUCH INSTANCES OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED.

15. Representation and Warranty; Indemnity


As a condition of your use of the Services, you warrant and represent to WestEd that you are an Authorized User and will not use the Services for any purpose that is unlawful or prohibited by these Terms. To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless WestEd and its employees, officers, agents, contractors, and partners from any claims, damages, expenses, or liabilities arising from or in any way related to any violation of these Terms or unauthorized use of the Services.

16. Choice of Law and Forum


You agree that these Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods and that any and all actions, disputes or controversies relating to these Terms or your use of the Services (each a "Claim") shall be subject to the terms of this provision. Except as provided below, (a) you submit to the personal and exclusive jurisdiction and venue of the courts located within the County of San Francisco, State of California ("Chosen Forum") with respect to any Claim; and (b) agree that any Claim will be governed by and construed subject to laws of the State of California ("Chosen Law"). If you reside in Canada, the Chosen Forum shall be the courts located in the province of Ontario and the Chosen Law shall be the laws of Ontario and the laws of Canada applicable therein, without giving effect to its conflict of law principles.

17. DMCA and Notices of Inappropriate Content


If you have any copyright concerns about any materials posted on the Site or Services by others, or otherwise want to report inappropriate content on the Site or Services, please let us know. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. Section 512). Unless otherwise stated in any specific DMCA designation provided by WestEd, please provide us with written notice ("Notice") by contacting our Designated Agent at the following address:

Carnegie Math Pathways, WestEd
730 Harrison Street
San Francisco, California 94107
If you are a copyright owner or authorized agent of a copyright owner and believe in good faith that copyrighted work has been copied, adapted, reproduced or exhibited through the Site or Services in a manner that constitutes copyright infringement, you may submit written notification of the claimed infringing activity to our Designated Agent. To be effective, the Notice must include the following:

  • A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, ("Complaining Party") of an exclusive right that is allegedly being infringed upon;
  • Information reasonably sufficient to permit WestEd to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address;
  • Identification of the allegedly infringing material on the Site or Services ("Infringing Material"), and information reasonably sufficient to permit WestEd to locate such material on the Site or Services;
  • Identification of the copyrighted work claimed to have been infringed upon ("Infringed Material"), or if multiple copyrighted works on the Site or Services are covered by a single Notice, a list of each copyrighted work claimed to have been infringed (please be specific as to which Infringing Material is infringing on which Infringed Material);
  • A statement that the Complaining Party has a good faith belief that use of Infringing Material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the Notice is accurate, and under penalty of perjury, that the Complaining Party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

18. Reporting other Prohibited Content


WestEd also encourages you to report to help@carnegiemathpathways.org any content on or accessible through the Services which you believe contains malicious code, or any offensive, libelous, or otherwise illegal or that is otherwise prohibited under these Terms. To ensure WestEd can quickly respond to the issue, your email should include: the originating WestEd page URL; the linked page URL; a description of the content in question and the basis upon which you believe the content is prohibited or otherwise inappropriate; and the contact information through which WestEd may best reach you if you are willing to further assist WestEd in its investigation.

19. Dispute Resolution and Arbitration.


PLEASE READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS. BY AGREEING TO BINDING ARBITRATION, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.

To expedite and control costs of disputes, WestEd and you agree that any legal or equitable claim, dispute, action or proceeding arising from or related to your use of the Site or Services or these Terms or the Privacy Policy (“Dispute”) will be resolved as follows to the fullest extent permitted by law:

In the event of a Dispute, and within one year of the event giving rise to the Dispute, you or WestEd will give the other a written statement that sets forth the name, address, and contact information of the person giving notice, the facts relating to the Dispute, and the proposed solution. You must send the Notice of Dispute to the Office of the General Counsel, WestEd, 730 Harrison St., San Francisco, CA and also via email to legal@wested.org. WestEd will send any Notice of Dispute to you by first class US Mail to your address if WestEd has it or to your email address. You and WestEd will attempt in good faith to resolve any Dispute through informal negotiation within 60 days from the date the Notice of Dispute is sent.

If the Dispute is not resolved informally, either party may proceed to binding arbitration which shall be conducted by JAMS under the JAMS Comprehensive Arbitration Rules and Procedures. You are giving up the right to litigate (or participate in as a party or class member) all Disputes in court before a judge or jury. Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. The place of arbitration shall be San Francisco, California. Any court with jurisdiction over the parties may enforce the arbitrator’s award. The party bringing the Dispute shall pay the initial fees of the arbitrator. Each party bears the expenses of that party’s attorneys, experts, witnesses and other expenses, unless the arbitrator determines otherwise.

Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Neither you nor WestEd will seek to have any Dispute heard as a class action or in any other proceeding in which either party acts in a representative basis. No arbitration will be combined with another unless all parties provide written consent.

In the event that a Dispute cannot be resolved by binding arbitration, you agree that such Dispute will be filed only in the state or federal courts in and for the City and County of San Francisco, California and you agree to personal and exclusive jurisdiction of such courts for purposes of litigating any such action. Notwithstanding this section, WestEd has the right to file for injunctive or other equitable relief to protect or enforce its intellectual property rights in any court of competent jurisdiction.

20. Non-Assignment


These Terms are personal to you, and you may not assign, transfer or delegate your rights or obligations under these Terms to anyone. WestEd may assign or delegate its rights or obligations under these Terms, in whole or in part, subject to WestEd's right and obligations under these Terms and any agreement it may have with your Institution. 

21. Severability 


In the event that any provision of these Terms are held by a court of competent jurisdiction to be invalid or unenforceable for any reason, the remainder of these Terms shall remain valid and enforceable according to its terms. 

22. Entire Agreement


These Terms are the entire agreement between WestEd and you with respect to the Site and Services and cannot be modified absent a signed written agreement. 

23. Headings


Headings in these Terms are for your convenience only and do not have any legal meaning or effect. 

24. Non Waiver and Non Modification


If WestEd waives or fails to enforce any term or condition of these Terms on any one or more occasions, whether by conduct or otherwise, its waiver or failure to enforce such terms will not prevent WestEd from enforcing any terms or condition of these Terms at any other time. The meaning of these Terms cannot be changed by your or WestEd's conduct, even if repeated, or by any custom or practice of others engaged in the same or similar businesses.