Effective Date: December 12, 2024
Thank you for your interest in using the online services operated by DeltaMath ("DeltaMath", "we" or "us"). These Terms of Service ("Terms" or "Agreement") govern your use of DeltaMath's online services (the "Services"). Please continue reading to learn about the terms by which you may use our Services.
These Terms apply to all schools, school districts, or teachers (collectively referred to as "Schools") as well as students, parents, or individuals who use the Services; (collectively along with "Schools" referred to as “Users” or “you”).
Any material change to these policies will be announced via a banner message displayed on this website.
By accessing or using the Services, creating an account, or by otherwise affirmatively stating your desire to use the Services, you signify that you have read, understood, and agree to be bound by this Agreement and to the collection and use of your information as set forth in the DeltaMath Privacy Policy, otherwise you may not use the Services. Because our Services change relatively often, the terms in this Agreement and our Privacy Policy may change too. Upon making changes, we will update the “Effective Date” found at the top of this page. Your continued use of the Services after any changes constitutes your acceptance of the new terms.
Regarding Student Data:
Our Services may be purchased by educational institutions, such as schools, school districts, or teachers (referred to in the collective as "Schools"), who utilize our Services for educational purposes. When DeltaMath is used by a School to provide Services, we may collect or access Student Data (as defined below). Such data may be provided by the School or directly by the student. This Student Data may, in certain instances, include information (e.g., student name, student email address) considered sensitive under applicable U.S. federal or state privacy laws.
We treat Student Data as strictly confidential and, in general, do not use this data for any purpose other than enhancing and delivering our Services. It is solely your responsibility to obtain consent, as mandated by law, to use Student Data and to transfer it to DeltaMath for subsequent use. Our collection, processing, and sharing of Student Data are governed by this Agreement and applicable laws and regulations, including the Family Educational Rights and Privacy Act ("FERPA"), the Children's Online Privacy Protection Act ("COPPA"), and relevant state laws, including, but not limited to, the Illinois Student Online Personal Protection Act ("SOPPA") and New York State Ed Law 2-D.
DeltaMath's Service
DeltaMath is an online math practice and learning site.
As long as you are complying with all of the terms and conditions of this Agreement, DeltaMath gives you permission to access and use the Service. The Service is available for your personal, noncommercial use. We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether, including, for example, if you do not comply with this Agreement or if we are investigating suspected misconduct. We may also stop providing Service to you, or add or create new limits to our Service or restrict your access to all or part of the Service at any time without notice or liability.
The right to access and use the Service is revoked in jurisdictions where it may be prohibited, if any.
Eligibility and Authority
If you create a DeltaMath account to provide the Service to students in a School, you represent and warrant that you are an authorized representative of the School with the authority to bind the School to this Agreement, and that you accept this Agreement on the School's behalf. If you contact DeltaMath to request any actions concerning an account, you represent and warrant that you have the necessary authority to make such requests either from or on behalf of the account-holder (e.g., a School or Parent, depending on the type of account).
The U.S. Children's Online Privacy Protection Act ("COPPA") requires that online service providers obtain verifiable parental consent before collecting personal information from children under 13.
For DeltaMath for Home: If you independently create a learner account with DeltaMath for Home, you actively affirm that you are 13 or over. If you are not over the age of 13, then a parent or guardian must create a learner account for you.
Schools must obtain the necessary parental and student consent to collect and share Student Data with DeltaMath before utilizing our Services. Specifically, if your School provides the Service to children under the age of 13, you represent and warrant that you either have the authority to consent on behalf of parents or have obtained appropriate consent for DeltaMath to collect and use information from these students prior to granting them access to our Service. Use of the Services is strictly conditioned upon Schools securing the proper consents required by law for the collection and subsequent sharing of Student Data with DeltaMath. DeltaMath recommends that Schools provide appropriate context and disclosure to students and parents in order to obtain their consent, and assumes no responsibility for any failure by Schools to obtain the necessary and proper consent.
Your Registration Obligations
You agree to the following conditions in exchange for your use of the Service: (a) to provide true, accurate, current, and complete information about yourself as requested by the Service's registration form, referred to as "Registration Data," and (b) to promptly update this Registration Data as necessary to ensure it remains accurate, current, and complete.
DeltaMath reserves the right to suspend or terminate your account and deny access to the Service (or any portion thereof) if you provide any information that is untrue, inaccurate, outdated, or incomplete, or if DeltaMath has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete.
General Account Information
DeltaMath offers a variety of account types, both free and paid, to subscribers with specific terms and conditions. These terms vary based on the account type and are outlined in quotes, sales contracts, and/or website descriptions. While each account has a default set of terms, DeltaMath can create accounts with different terms as needed. Changes to the terms require a written agreement between the subscriber and DeltaMath.
Account Types
Free teacher account: A free teacher account is for a single teacher user and all of the students rostered to this teacher's classes (i.e. students that have this teacher as the teacher of record). Free teacher accounts may be created through the DeltaMath website. See the “School Accounts and Student Data” section below for more information.
Students will register with a class code and complete assignments made by their teacher. Individual teacher licenses are intended for single-teacher use. We reserve the right to reach out to end-users and/or revoke access in cases where it appears more than one teacher is using an account without prior consent.
Premium teacher account (PLUS/INTEGRAL): A premium teacher account (either PLUS or INTEGRAL) is for a single teacher user and all of the students rostered to this teacher's classes (i.e. students that have this teacher as the teacher of record). Premium teacher accounts may be purchased through the DeltaMath website or by email. Our premium teacher accounts are sold per school year and do not automatically renew. The school or teacher must take action to renew this account. See the “School Accounts and Student Data” section below for more information.
Student registration will vary, depending on the integrations the teacher is using in their account, and students will complete assignments made by their teacher. Individual teacher licenses are intended for single-teacher use. We reserve the right to reach out to end-users and/or revoke access in cases where it appears more than one teacher is using an account without prior consent.
School or District account (PLUS/INTEGRAL): A school or district account (either PLUS or INTEGRAL) is for a single school or district, all of the teachers within that school or district, and all of the students rostered to each teacher's classes (i.e. students that have this teacher as the teacher of record). School or district accounts may be purchased through the DeltaMath website or by email. School or district accounts are sold per school year and do not automatically renew. The school or district must take action to renew this account. See the “School Accounts and Student Data” section below for more information.
Student registration will vary, depending on the integrations the teacher is using in their account, and students will complete assignments made by their teacher.
DeltaMath for Home Parent account: A DeltaMath for Home Parent account is intended for the parent or guardian of an associated learner. A parent or guardian who would like to sign their child up for a Learner account can create a free Parent account for DeltaMath for Home through the DeltaMath website. Within the account, the parent or guardian can purchase an associated Learner account(s) that can be used by the parent or guardian's child(ren). See the “Subscription and Billing for Accounts for DeltaMath for Home” section below for more information.
DeltaMath for Home Learner account: A DeltaMath for Home Learner account cannot be created directly by anyone under 13 years of age. Learners under 13 years of age must be invited to create an account by a parent or guardian using a DeltaMath for Home Parent account. In this case, billing is associated with the Parent account.
Learners 13 years of age or older can also be invited to create an account by a parent or guardian using a DeltaMath for Home Parent account. However, they may also create an independent Learner account. In the case where a learner has created their own DeltaMath for Home Learner account that is not associated with a Parent account, billing will be associated with the independent Learner account.
Learner accounts are typically for a term of one month or one year from date of purchase and do automatically renew.
In the case where a Parent account has one or more associated Learner accounts and then adds another Learner account, that Learner account would automatically join the Service and billing cycle of the currently existing accounts at a prorated cost until the next billing cycle.
School Accounts and Student Data
This Section applies to a School's use of the Service.
Personal Information and Student Data
The U.S. Children's Online Privacy and Protection Act (“COPPA”) requires that online service providers obtain verifiable parental consent before collecting personal information from children under 13. If you are a School providing the Service to children under 13 (whether in the U.S. or elsewhere), you represent and warrant that you have received consent from parents, or have the authority to provide consent on behalf of parents, for us to collect information from students before allowing children under 13 to access DeltaMath Services. We recommend that all Schools provide appropriate disclosures to students and parents regarding their use of service providers such as DeltaMath.
When DeltaMath is used by a School for an educational purpose, DeltaMath may collect or have access to Student Data that is provided by the School or by the Student. “Student Data” is personal information that is directly related to an identifiable Student and may include “educational records” as defined by the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232(g).
Confidentiality. DeltaMath agrees to treat Student Data as confidential and not to share it with third parties other than as described in these Terms, and in our Privacy Policy.
Student Data Access. You authorize DeltaMath to access or collect Student Data for the purpose of providing the Service. In the U.S., DeltaMath shall collect and process Student Data as a School Official with a legitimate educational interest pursuant to FERPA 34 CFR Part 99.31(a)(1).
Personal Information and Student Data Consents and Authority. If you are School User, you represent and warrant that you have provided appropriate disclosures to your School and to parents regarding your sharing such Personal Information with DeltaMath. Both Parties agree to uphold their obligations under the Family Educational Rights and Privacy Act (“FERPA”), the Protection of Pupil Rights Amendment ("PPRA"), and the Children's Online Privacy and Protection Act (“COPPA”) and applicable State laws relating to student data privacy. DeltaMath relies on each School to obtain and provide appropriate consent and disclosures, if necessary, for DeltaMath to collect any Student Data, including the collection of Student Data directly from students under 13, as permitted under COPPA. You agree to comply with these Terms and all laws and regulations governing the protection of personal information, including children's information, and the sharing of student education records.
Use of Student Data. By submitting or providing us access to Student Data, you agree that DeltaMath may use the Student Data solely for the purposes of (i) providing the Service, (ii) improving and developing our Service, (iii) enforcing our rights under these Terms, and (iv) as permitted with the School's or the User's consent. DeltaMath shall not use Student Data to engage in targeted advertising.
Use of Anonymized Student Data. You agree that we may collect and use data derived from Student Data for our own purposes, such as for product development, research analytics, and marketing our Service, provided that such data will be de-identified and/or aggregated to reasonably avoid identification of a specific individual.
Use of Personal Information for Marketing. You agree that DeltaMath may provide information about new DeltaMath features and offerings to school or district administrative users and teachers from time to time, provided that such advertisements shall not be based on Student Data. For emphasis, and without limitation, DeltaMath shall never use Student Data to engage in targeted advertising.
Third-Party Service Providers. You acknowledge and agree that DeltaMath may provide access to Student Data to our employees and service providers, which have a legitimate need to access such information in order to provide their services to us. We and our employees, affiliates, service providers, or agents involved in the handling, transmittal, and processing of Student Data will be required to maintain the confidentiality of such data.
Student Data Retention and Deletion Requests. DeltaMath retains Student Data, but for educational purposes only. Oftentimes students will want to refer back to their DeltaMath student accounts for college or other future courses. However, if a student does not utilize their account for a period of two years, their account and personally identifiable information will be deleted. Additionally, Schools may request that we delete Student Data in our possession at any time by providing such a request in writing. We shall respond to the deletion request as soon as possible, but in most instances within 45 days, other than for data stored on backup tapes which shall be deleted in the ordinary course of business. A Parent or student over the age of 18 seeking to modify, correct, or delete personal information in a Student Account that is connected to an active School account will be instructed to contact the School to discuss data deletion or modification. We are not required to delete data that has been derived from Student Data so long as it has been anonymized such that it does not reasonably identify an individual.
Refund Policy
Refunds for site or individual teacher licenses are available within one month (30 days) of purchase. Full or partial refunds are not available after that time, and in no case will unused licenses roll over to the next school year. Contact orders@deltamath.com to request a refund.
Subscription and Billing for Accounts for DeltaMath for Home
This Section applies to accounts created through the Service using a credit card and that automatically renew.
To view specific details regarding your subscription with DeltaMath for Home, sign in to your account and click on your name. If you have any questions about your subscription or billing, you may also contact home@deltamath.com directly for assistance.
Automatic Renewal and Payment Authorization
By starting your DeltaMath for Home subscription, you expressly authorize us to charge your payment method for the subscription fee associated with your chosen subscription term (e.g., monthly or yearly). Subscription renewal fees will be automatically charged to the card on file at the beginning of each subscription period (monthly or yearly), and will continue unless you cancel your subscription.
Your subscription will automatically renew on the anniversary of your subscription date (either monthly or yearly), and we will charge your current payment method (or a new payment method if you update your account information) the applicable fee, along with any sales or similar taxes that may apply. Prices and charges are subject to change, but we will provide advance notice of any changes.
As part of this Agreement, the term “billing” refers to any charge or debit made against your payment method.
Variation in Billing Amounts
You acknowledge that the billed amount may vary from period to period, due to factors such as changes in your subscription. By agreeing to this Agreement, you authorize us to charge your payment method for varying amounts as necessary. While we may change the fees and charges from time to time, including adding new fees, we will provide advance notice of any such changes.
Managing Your Payment Method
If you wish to update your payment method, or if your payment information changes (e.g., credit card expiration or validity), you can edit your payment details on your account page. To access this page, sign in to your DeltaMath for Home account, click on your name, and select "Update Payment." If your payment method expires and you do not update your payment information or cancel your subscription, you authorize the Service to retry charging the card up to four times in one week. If the card still does not go through, we will cancel your subscription.
Cancellation of Subscription
To avoid future charges, you must cancel your subscription before the renewal date of each billing period. The subscription fee will be charged at the start of each period (monthly or yearly) and will continue unless you cancel. To view the commencement date of your next renewal, sign in to your DeltaMath for Home account and click on your name.
If your monthly subscription begins on a day that is not part of the calendar month (e.g., January 31), we will bill your payment method on the last day of that month (e.g., February 28).
Canceling Automatic Renewals
You can cancel your subscription at any time. Cancellation will be effective immediately, and you will retain access to the Service until the current billing period ends. Please note that we do not provide refunds or credits for any partially used subscription periods. To cancel your subscription, sign in to your DeltaMath for Home account, click your name, and then click “Cancel Subscription.”
Refund Policy for DeltaMath for Home
We offer a 7-day free trial. We do not offer refunds.
Price Changes
We reserve the right to adjust the pricing for our Service, including but not limited to subscription plans, in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in this Agreement, any price changes to DeltaMath for Home will take effect following posting or other notice to you (e.g., e-mail).
Use License
The Service and the DeltaMath Technology are intended solely for the personal, non-commercial use of our users and may only be used in accordance with this Agreement. “DeltaMath Technology” means all past, present and future content of the Service, including, all the software, hardware and technology used to provide the Service (including DeltaMath proprietary code and third-party software), user interfaces, materials displayed or performed on the Service, such as text, graphics, articles, graphs, photographs, images, illustrations and the design, structure, sequence and “look and feel” of the Services, and all other intellectual property. DeltaMath Technology is protected by copyright and other intellectual property laws. You are not allowed to use, store, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, create derivative works from, display, license, sell or otherwise exploit the DeltaMath Technology for any purposes other than as expressly permitted under this Agreement. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of any DeltaMath Technology.
Using our Service does not give you ownership of any intellectual property rights in our Service or the DeltaMath Technology. You may not use content from our Services, unless you obtain permission from its owner or are otherwise permitted by law. Don't remove, obscure, or alter any copyright or other legal notices displayed in or along with our Services.
By using the Services, you agree not to do any of these things: (i) copy, distribute, or disclose any part of the Services in any medium, including but not limited to by any automated or non-automated “scraping”; (ii) use any automated system, including but not limited to “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to the DeltaMath servers than a human can reasonably produce in the same period of time by using a conventional online web browser; (iii) transmit spam, chain letters, or other unsolicited email; (iv) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) take any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; (vi) transmit any malicious software agents through the Services; (vii) collect or harvest any third-party personally identifiable information, including account names or Student Data (as defined above), from the Services; (viii) use the Services for any commercial solicitation purposes; (ix) impersonate another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfere with the proper working of the Services; (xi) access any content on the Services through any technology or means other than those provided or authorized by the Services; or (xii) bypass the measures we use to prevent or restrict access to the Services, including but not limited to features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or related content.
Privacy
Your privacy is extremely important to us, and we take great care to limit what we collect and how we use it, and to enable you to understand our policies. Please read our Privacy Policy which explains how we treat your personal information and protect your privacy when you use our Service. By using our Service, you agree that DeltaMath can use such data in accordance with our Privacy Policy or Children's Privacy Policy, depending on the account type.
Passwords and Security
You are responsible for maintaining the confidentiality of your DeltaMath password, and you are solely responsible for all activities that occur under your password. You agree to immediately notify DeltaMath of any unauthorized use of your password or any other breach of security related to the DeltaMath Services. DeltaMath may require you to alter your password if we believe that your password is no longer secure.
Links
DeltaMath has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by DeltaMath of the site. Use of any such linked website is at the user's own risk.
Modifications
DeltaMath may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
Disclaimer and Limitations of Liability
a. You agree that use of the DeltaMath services is at your sole risk. The DeltaMath services are provided on an “as is” and “as available” basis. DeltaMath expressly disclaims all warranties of any kind, whether express or implied, with respect to the DeltaMath services, including, but not limited to, the implied warranties of merchantability, fitness for a particular use or purpose, and non-infringement. You acknowledge that access to data and materials available through the DeltaMath services is not guaranteed and that DeltaMath will not be responsible to you for any loss of data or materials caused by the DeltaMath services or their unavailability. You understand and agree that any data, materials, services and/or information downloaded or otherwise obtained through the use of the DeltaMath services is done at your own discretion and risk and that you will be solely responsible for any damage arising therefrom.
b. Under no circumstances will DeltaMath or its officers, employees, directors, shareholders, agents, or licensors be liable under any theory of liability (whether in contract, tort, statutory, or otherwise) for any damages whatsoever, including direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of money, revenues, profits, goodwill, use, data or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages), resulting from your (or anyone using your account's) use of the DeltaMath services.
c. If, notwithstanding these Terms, DeltaMath is found to be liable to you or any third party in connection with your use of the DeltaMath services, the total liability of DeltaMath and its officers, employees, directors, shareholders, agents, or licensors to you or to any third party is limited to one hundred U.S. Dollars ($100).
d. Exclusions And Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that DeltaMath may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of DeltaMath's liability will be the minimum permitted under such applicable law.
Indemnification
You agree to indemnify, defend, and hold harmless DeltaMath and its officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation of these Terms. DeltaMath reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with DeltaMath's defense of such claim.
Termination
This Agreement shall remain in full force and effect while you use the Service. DeltaMath may suspend or terminate your access to the Service or your account at any time, for any reason (without cause or for your violation of any term of this Agreement), and without warning or notice, which may result in the loss of information associated with your account. Upon termination of your account, your right to use the Service will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
DeltaMath can modify, suspend, or temporarily discontinue the Service at any time, with or without notice, and is not liable to users or third parties for any such changes. If the Service is permanently discontinued, DeltaMath's liability is limited to a refund of the prorated subscription price based on the time remaining on the subscription.
Miscellaneous
The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. DeltaMath shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond DeltaMath's reasonable control. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with DeltaMath's prior written consent. DeltaMath may transfer, assign or delegate this Agreement and its rights and obligations without restriction. This Agreement is governed by and construed in accordance with the laws of the State of New York without regard to the conflict of laws provisions thereof. To the extent any dispute arising from or relating to the subject matter of this Agreement is permitted to be brought in a court of law, such claim shall be subject to the exclusive jurisdiction of the state and federal courts located in New York County, New York, and for all purposes of this Agreement, you and DeltaMath consent to the exclusive jurisdiction and venue of such courts. Unless and solely to the extent that you or your Institution have a separate written agreement with DeltaMath that governs your use of the Service (in which case such agreement will control), we both agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that the Agreement may not be modified, except as otherwise provided herein. This Agreement and any subsequent versions of this Agreement posted to the Website will be deemed a writing signed by both parties. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind DeltaMath in any respect whatsoever.
User Content
While using the Service, you are fully responsible for any content that you create, transmit, or display.
Currently, or in the future, the Service may allow Users to submit, post, display, or otherwise share content, including but not limited to text, images, comments, questions, and other forms of information. This content, referred to as "User Content," is made available through the Service by Users.
You retain full ownership of your User Content, and we do not assert any rights over it.
When you submit, post, display, provide, or otherwise make available any User Content through the Service or to DeltaMath, you grant DeltaMath a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, edit, translate, distribute, syndicate, publicly perform, publicly display, and create derivative works from that User Content, in whole or in part, in any form, media, or technology—whether existing now or developed in the future. This license allows DeltaMath to utilize your User Content in connection with the Service and its business, including for promotional purposes and redistribution in various media formats and channels. Additionally, you provide each User of the Service with a non-exclusive license to access your User Content and to use, reproduce, distribute, display, and perform it as permitted by the functionality of the Service and under this Agreement.
You must ensure that you have the legal rights to any User Content you submit. You are not permitted to upload or post any content that infringes upon the copyright, trademark, or other intellectual property rights of third parties. Likewise, you may not upload User Content that violates any third party's right to privacy or publicity. You may only submit User Content that you have the permission to post from the owner or as permitted by law.
International Use
Given the global nature of the Internet, you agree to adhere to all local laws, regulations, and rules applicable to the jurisdiction(s) in which you reside. You are solely responsible for ensuring compliance with these legal requirements. Additionally, you agree to follow all applicable laws governing the transmission of data exported from the United States or from your jurisdiction(s).
No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, including your use of or access to it, for any commercial purposes.
Arbitration
Please read this section carefully, as it requires both parties to resolve disputes through arbitration and limits the ways you can seek relief from DeltaMath. If you have a dispute with DeltaMath, you agree to first reach out to us at support@deltamath.com to attempt an informal resolution. If, after sixty (60) days, the dispute remains unresolved, both parties agree to settle any claims, disputes, or controversies (collectively referred to as "Claims") arising from or related to this agreement, including any alleged breaches, through binding arbitration conducted by AAA. This arbitration will follow the Expedited Procedures in effect for AAA, unless stated otherwise in this agreement. You can contact AAA at https://www.adr.org/. The arbitration will take place in New York, NY, unless you and DeltaMath agree on a different location.
If you are a School or are using the Service for commercial purposes, both parties are responsible for paying any filing, administrative, and arbitrator fees according to AAA rules. The arbitrator's award will include the costs of arbitration, reasonable attorneys' fees, and reasonable costs for expert witnesses and other witnesses.
If you are an individual using the Service for non-commercial purposes: (i) you may be required to pay an initiation fee to AAA unless you successfully obtain a fee waiver; (ii) the arbitrator's award may cover your arbitration costs, reasonable attorney's fees, and reasonable costs for expert witnesses and others; and (iii) you may file a lawsuit in a small claims court of competent jurisdiction without first going through arbitration, although this does not waive your obligation to attempt informal dispute resolution.
Any judgment resulting from the arbitrator's award may be enforced in any court of competent jurisdiction. Furthermore, this section does not prevent DeltaMath from seeking injunctive or other equitable relief in court to protect against actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights, or other proprietary rights.
Class Action/Jury Trial Waiver
All claims must be brought individually by all persons and entities, regardless of whether they have used the Service for personal, commercial, or other purposes. No claims may be asserted as a plaintiff or class member in any purported class action, collective action, private attorney general action, or other representative proceeding. This waiver extends to class arbitration, and unless otherwise agreed upon, the arbitrator is not permitted to consolidate claims from multiple individuals.
By entering into this agreement, both you and DeltaMath acknowledge that you are waiving your right to a jury trial and your right to participate in any class action, collective action, private attorney general action, or other representative proceeding.