Welcome to the GO MATH GO™ App

The GO MATH GO-branded service is accessible via a mobile or device-oriented app (available on iPhone and iPad devices, iOS 8 or above, and other devices we may introduce from time to time) (individually and collectively, the "Go Math Go App").  The Go Math Go™ App is owned or licensed and operated and distributed by HMHCo.

The following terms (the “Terms”) provide (a) our “Privacy Policy,” (b) our “Terms of Use,” which governs the opening and use by parents (“you” or “your”) of an account with Houghton Mifflin Harcourt Publishing Company (together with any of its affiliates, “HMHCo” or “we” or “our”), the producer and provider of Go Math Go App, and (c) our “Limited Software Warranty and License Agreement,” which governs our relationship with parents who, after opening an account with HMHCo, elect to purchase the Go Math Go App.  Please read these Terms carefully.

By downloading and using the Go Math Go App and/or opening an HMHCo Account, you agree to comply with our Terms of Use and, if you elect to purchase the Go Math Go App, you agree to the Limited Software Warranty and License Agreement for the Go Math Go App.  Also, you agree to insure that your child or children will comply with these Terms.  We may, at our sole discretion, modify any of these Terms including our Privacy Policy at any time, and your continued use of the Go Math Go App and services will be deemed acceptance of such modifications.

PLEASE NOTE: IF YOU ARE UNDER AGE 18, PLEASE OBTAIN YOUR PARENT'S OR GUARDIAN'S CONSENT TO OPEN AN HMHCO ACCOUNT AND/OR SUBSCRIBE.  If you are at least 18 years of age and you are the parent or legal guardian of one or more children seeking to purchase the Go Math Go App, you may register an account only for your own children, or children for whom you are a legal guardian.  IF YOU ARE UNDER AGE 13, PLEASE HAVE YOUR PARENT OR GUARDIAN COMPLETE ALL ACCOUNT OPENING AND SUBSCRIPTION PROCESSES FOR YOU.  WE DO NOT PERMIT PERSONAL OR SUBSCRIPTION INFORMATION TO BE COLLECTED FROM ANY CHILD UNDER 13 YEARS OF AGE.

You may contact us for any reason at the following:

Address:       Houghton Mifflin Harcourt Publishing Company

Attention: Customer Service

222 Berkeley Street

Boston, MA 02116

Email:           myhmh@hmhco.com

Telephone:    1-877-271-1680

Please Note: By opening an HMHCo Account on HMHCo’s website (http://www.gomathgoapp.com) or by purchasing the Go Math Go App, you are agreeing to receive non-promotional emails about your purchase or use of the App as well as promotional emails about HMHCo offers.  You will be given an opportunity to opt-out in every promotional email you receive or you may email your request to us at customerservice@gomathacademy.com.  Even if you opt-out of promotional emails, HMHCo may continue to send you non-promotional emails about your account (including regarding your purchases, expirations, renewals, payment info, and/or charges) and/or about any service you have purchased, signed up for or subscribed to.  You can refer to our “Privacy Policy” below.

These Terms were last revised on July 1, 2016.

Privacy Policy

This "Privacy Policy" describes how we collect, use, and disclose information through the Go Math Go App and the website at www.gomathgoapp.com (the “Go Math Go Site”).  Further, this Privacy Policy must be read in conjunction with our Terms of Use (see below) and, as applicable, the Limited Software Warranty and License Agreement (see below), and the provisions of both such Terms are incorporated herein.  This Privacy Policy does not apply to data we receive from other sources or to other HMH apps or websites (other than the Go Math Go App) or to any interaction you may have with Apple or its iTunes Store via your iOS device (including from within the Go Math Go App) or otherwise, or any other app that may be on your device.

The Go Math Go-branded content packages are delivered through use of the Go Math Go App.  Currently there are content packages for Grades K, Grade 1 and Grade 2 (each and collectively, the “Content Packages”).  Additional Content Packages for these grades and others may be offered in the future.

Information We Collect.  If a parent (or legal guardian) wants to purchase the Go Math Go App and make in-app purchases of Content Packages, we require the user to comply with an age-gate which asks for the user’s birthdate.  If the age-gate is satisfied, a parent will be asked to register for an account with HMHCo by entering their first and last name, an email address and a password (see below “Terms of Use”).  Once an HMHCo Account is established, the parent will be able to select from different Content Packages which can be purchased through the Apple iTunes Store using the parent’s Apple iTunes account as the method of payment or, if the user goes to the Go Math Go Site, by providing credit card or debit card payment information. 

You may choose not to provide us with any personal information.  In such event, you can still download and access free content on the Go Math Go App; however, neither you nor your child will be able to access and use any of the Content Packages and receive services available only through a purchase of a Content Package.

HMHCo may retain any and all Child Profiles and associated account, usage data and other information even if the parent allows their credit card, account standing, or another HMH subscription-based offering to which the parent may be subscribed to lapse or expire.  Notwithstanding the foregoing, HMHCo has no obligation to retain such account information and HMHCo can provide no assurances and guarantee, and shall have no liability or obligation to insure, that following any lapse or expiration, previously established Child Profiles will be available or accessible upon reinstituting a Content Package. 

In addition, when users access and use the Go Math Go App, we may passively collect certain computer or device information, such as the type of device operating system (e.g., version of iOS), the user's IP Address, as well as other identifiers which may be unique (such as the physical WiFi address or platform-specific identifiers such as Apple’s Identifier for Advertising or similar identifiers), as well as non-personally identifiable information (such as how the app is used, the frequency with which users view or consume different content or offerings, and information regarding the user’s device’s technical attributes and characteristics, such as data about your operating system, hardware, display size, screen resolution, and network carrier information). 

We or our service providers collect this information in order to make Go Math Go and our other offerings more interesting and useful to you and for other purposes related to HMHCo’s internal business needs.  We (or one of our contractors on our behalf) may collect this information through the use of software technologies such as unique identifiers, such as device-based ids, or other tracking technologies.

How and When Do We Disclose Information to Third Parties? We will not share your Personal Information with third parties for those third parties' marketing purposes or for interest-based or "online behavioral advertising."  We do disclose (or permit third parties to collect on our behalf) information in order to provide services to us (such as hosting, operating online services, tracking activities and analytics, delivering content), and to enable some or all of the App's functionality.  Our service providers are not permitted to use your Personal Information for their own purposes without your express consent. 

Please note that your and your children’s interactions with a mobile or tablet device where Go Math Go is installed may involve Apple (or other device manufacturer or provider) and those interactions are governed separately by Apple’s (or such other party’s) privacy policies and terms.

How do we use the Information?  We may use the information we collect to:

  • Customize and/or personalize the viewing and content consumption experience of you or your child;
  • Better respond to customer service inquiries;
  • Communicate with you about your purchase, account information, or customer service needs;
  • Communicate with you about our products and events, and for other promotional purposes (unless you unsubscribe or notify us of your desire to withdraw permission for these kinds of communications);
  • Improve our business and the services being provided to you and other users;
  • Provide technical support to you; and
  • Perform any other lawful acts.

By purchasing any Go Math Go Content Packages via the Go Math Go App, HMHCo also may use the email address provided in establishing the HMHCo Account to send the user promotional messages regarding HMHCo’s products and services.  We will not sell or provide your email address to third parties to send you offers or promotions.  You may revoke this right to send you promotional messages about HMHCo offerings at any time by unsubscribing through links in any of those emails or emailing your request to us at customerservice@gomathacademy.com.

We may also send alerts or notifications to your device as part of the usage and features of the Go Math Go App.  These may include prompts or reminders to notify you of important information about the usage of the App.

We may also provide aggregated, non-personally identifiable information to third parties, including our licensors and suppliers of content or others, for any legal purposes whatsoever.  Such aggregated information may include the number of users who searched for a particular content item, or how many users viewed or played with a particular content item and for how long on average.  Such aggregated information does not identify you individually.

Interactions with Third-Party Sites.  The Go Math Go App does not allow users to interact with or provide any functionality that depends upon or directs users to any third party web site or application (other than Apple and its iTunes Store for the purposes of paying for additional Content Packages).

On the Go Math Go website, which is intended solely for use by parents, guardians or other adults, there is certain functionality that allows users to interact with and post or send user-generated content in a pre-templated fashion to Facebook or other third party platforms, social media sites and/or other applications or offerings. 

The use of such functionality may involve your having to have an account and be logged-in with such third party operator or we may provide such third-party offerings’ interfaces or links on the service to facilitate your sending a communication from the service. For example, we may use third parties to facilitate emails, tweets or Facebook postings.  We may also utilize advertising technologies and work with advertising partners which are able to promote the Go Math Go App to actual or potential users who, when they use or engage with such third party operators (such as Facebook) can be tracked based on use of such third party operators’ technology services to track whether such users have downloaded our Go Math Go App and/or purchased the Go Math Go Content Packages.  In all cases, such third party advertising partners or technologies target and take step only to engage with such third party sites’ users who are or represented themselves to be 18 years old or older.

These third party operators may retain any information used or provided in any such communications or other activities that are tracked utilizing their technologies.  These third parties' practices are not subject to our Privacy Policy.  In some cases, such third parties will provide information back to us about you or your activity as a result of your interaction; in such cases, we will hold and use such information according to our Privacy Policy. We may not control or have access to your communications through these third parties.  Further, when you use third-party operators or their services, you are using their services and not our services and you acknowledge that they, not we, are responsible for their practices.  You should review the applicable third-party privacy policies before using such third-party tools on our service.

Administrative and Legal Reasons. We may also access, use, preserve, transfer and disclose your usage and personal information: (i) as required or permitted by applicable law, regulation, subpoenas, governmental requests or legal process; (ii) to investigate violations of potential violations of the Terms of Use; (iii) to protect the safety, rights, property or security of the services or any third party; and/or (iv) to detect, prevent or otherwise address fraud, security or technical issues. Such disclosures may be carried out without notice to you.

Affiliates and Business Transfer. We may share your personal information and usage information with our parent, subsidiaries and affiliates ("Affiliates"). We also reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the services or applicable database; or (ii) in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets or other corporate change, including, during the course of any due diligence process.

What Information Do We Collect on Parts of Our App Directed to Children? We haven taken steps to have the Go Math Go App comply with the Children’s Online Privacy Protection Act (COPPA). For example, we do not use the Go Math Go App to collect personal information (as broadly defined by COPPA) for purposes of online behavioral advertising.  We may, however, in compliance with COPPA, collect or share certain information to support our internal operations, such as for performing analytics, enabling or delivering certain types of content or features, and for improving or maintaining the Go Math Go App.  Please note the Go Math Go App does not feature any functionality that allows children or other users to capture photos or user generated content or provide for embedded sharing.  If you believe that we have collected personal information from someone under the age of 13, please contact us at: privacy@hmhco.com.

Protecting Your Information.  We use commercially reasonable efforts to safeguard and secure your personal information while stored on our computer systems. We use a variety of industry standard security measures, such as requiring of a unique username and password for each user as well as encryption and authentication tools, to maintain the confidentiality of your personal information. Your personal information is stored behind industry standard firewalls and is only accessible by a limited number of persons who are authorized to access such systems, and are required to keep the information confidential.  We also use commercially reasonable efforts to safeguard and secure the transmission of your personal information from your computer to our computers.  However, we are unable to guarantee that the security measures we take will not be penetrated or compromised or that your personal information will remain secure under all circumstances.

To help protect you and your children’s personal information, please make sure you have current anti-virus and firewall software installed on your device(s) and update such software and each device’s operating system software on a regular basis.  Each user is responsible for maintaining the secrecy of his or her own or their children’s login and account or profile information and associated passwords.  Also, please review the statements for your credit cards or other payment methods carefully and on a timely basis and please verify that all transactions are authorized and report any discrepancies immediately to your credit card company, bank or payment service provider. 

Cessation of Communications.  We want to communicate with you only if you want to hear from us.  If at any time you decide that you would like to stop receiving communications from us, you may email your request to customerservice@gomathacademy.com, contact us using the link or the information included at the bottom of each email communication. 

In some limited circumstances, such as to resolve disputes, troubleshoot problems and enforce our Terms, including the Terms of Use or Limited Software Warranty and License Agreement, we may retain information you have requested us to remove. Further, your personal information is never completely removed from our databases due to technical constraints and the fact that we back up our systems. Therefore, you should not expect that all of your personal information will be completely removed from our databases in response to your requests.  We reserve the right to send you certain communications related to our site that are considered part of your account, such as technical alerts, without offering you the opportunity to opt out of receiving them.

What About Changes to the Privacy Policy? We reserve the right to change this Privacy Policy at any time without notice to you. Any changes will be effective immediately upon the posting of the revised Privacy Policy. We will not use your personal information, however, in a manner materially different than promised at the time it was collected without your consent.

Who Can I Contact? If you have questions, comments or complaints regarding our Privacy Policy or the manner in which we or our service providers treat your personal information, contact us at privacy@hmhco.com.


Terms of Use

Opening an HMHCo Account. To become a user of the Go Math Go App, you must first open an account with HMHCo (the “HMHCo Account”) by providing us with a name and email address and selecting a password.  In order to establish an HMHCo Account, you must

  • be 18 years of age or older and
  • provide complete and accurate registration information. 

You are required to provide a valid and working email account at which you can receive communications from HMHCo about your HMHCo Account, your or your children’s uses of any of HMHCo’s offerings, such as Go Math Go App, as well as other email communications.

We age-gate our “Create an Account” page, and include instructions on such page designed to notify users that an HMHCo Account should only be established by a parent or legal guardian (or other adult). 

If we learn that an ineligible user has created an HMHCo Account, we will either request confirmation of the above criteria, or deactivate the account.

Passwords; Responsibility for Users.  You will select a password for using to access your HMHCo Account.  You are solely responsible for any and all activity that occurs while you, your children and/or other authorized and permitted users are logged into your HMHCo Account (including any of HMHCo’s offerings accessed thereby such as the Go Math Go App or the Curious World-branded service).  You may not share your HMHCo Account or provide access to any of the HMHCo’s offerings to more than the number of authorized and permitted users. 

Non-Transferable. Access to the HMHCo Account is non-transferable.

Managing Your HMHCo Account.  The HMHCo Account can be managed at the https://www.gomathgoapp.com.  In addition or alternatively, you may contact HMHCo Customer Support at 1-877-271-1680 (toll-free in the United States).  Certain HMHCo’s offerings may be managed only by calling HMHCo Customer Support.  For example, it may not be possible to manage certain aspects of your HMHCo Account or HMHCo’s offerings unless you call the HMHCo Customer Support.  For example, you have to call HMHCo Customer Support in order to delete or terminate your HMHCo Account, to cancel any of HMHCo’s offerings that may be automatically charged or renewed, and to handle various other matters.  Access to the HMHCo Account may also not be accessible from certain geographical regions and/or on certain devices.

License to YouSubject to your compliance with these Terms of Use and payment of any applicable fees that may be required to purchase or use any specific offering(s), we grant you a limited, non-exclusive license to access and use the HMHCo Account and the accessible or purchased HMHCo’s offerings in accordance with these Terms and other applicable terms (as well as the respective and applicable features and documentation).  HMHCo and its licensors and suppliers own all content and technology available through, or embodied by the HMHCo Account and any and all such services and offerings, including all associated intellectual property rights, including but not limited to the Go Math Go App, all Go Math Go Content Packages made available thereby, as well as any and all templates, formatting, information, software, artwork, text, video, audio, pictures, trademarks, trade dress, activities, and other components thereof.  Your license to use the HMHCo Account and Go Math Go App is strictly limited based on these Terms, and we reserve all rights not expressly granted to you in these Terms.

HMHCo’s Offerings.  No content, information and/or other materials made available by HMHCo (including via the Go Math Go App (including any and all Go Math Go Content Packages), the Go Math Go Sites, other HMHCo’s websites or apps, and/or any other media or channel owned or operated by HMHCo) may be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever, other than for your or your child’s or children’s personal enjoyment in accordance with these Terms.

Code of Conduct.  To the extent the HMHCo Account or such offering provides the capability, as user(s) of the HMHCo Account and any of HMHCo’s offerings (including Go Math Go App), you agree that you will not and will not allow your children to:

  • decompile, disassemble or otherwise reverse engineer, or obtain access to any materials or information through “hacking,” “data harvesting,” or through other means we have not intentionally made available to you through the HMHCo Account or any of HMHCo’s offerings or any aspect thereof, or otherwise circumvent any technological measure that controls access thereto;
  • encumber, transfer, sublicense, distribute, reproduce, create derivative works of or otherwise modify any products or services made available through access to HMHCo Account or any of HMHCo’s offerings;
  • rent, lease, sell, assign or otherwise transfer rights in or to, or make available for timesharing, application service provider or service bureau use, HMHCo Account or any of HMHCo’s offerings in whole or in any part;
  • use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of HMHCo Account or any of HMHCo’s offerings;
  • disclose, harvest, or otherwise collect information, including e-mail addresses, or other private information about any third party without that party’s express consent; or
  • bypass any measures we may use to prevent or restrict access to HMHCo Account or any of HMHCo’s offerings;
  • abuse, harass, threaten, impersonate or intimidate others via any HMHCo Account or HMHCo’s offerings, or transmit to other users via HMHCo Account or any of HMHCo’s offerings, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, discriminatory, racially offensive or illegal material;
  • contribute any user submission that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;
  • engage in any activity intended to obtain password, account, or private information from any user;
  • transmit unwanted email or other communications;
  • submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops) or off-topic content;
  • take any action that might impose an unreasonable or disproportionately large load on our infrastructure;
  • interfere or attempt to interfere with the proper working of HMHCo Account or any of HMHCo’s offerings or any other activities conducted on any site or app via any HMHCo Account or any of HMHCo’s offerings;
  • state or suggest, directly or indirectly, that HMH endorses you or your child or children or, as applicable, any user generated content;
  • use the HMHCo Account or any of HMHCo’s offerings for any purpose that is unlawful or prohibited by these Terms. For example, you will not use the HMHCo Account or any of HMHCo’s offerings to violate any law, statute, or regulation (including, without limitation, those governing consumer protection, unfair competition, anti-discrimination, or false advertising); or
  • permit your child or children (or knowingly permit any third party) to do any of the foregoing.

We will enforce the above Code of Conduct where we deem necessary and reserve the right (but do not assume any obligation) to monitor your use of the HMHCo Account (or any of HMHCo’s offerings).  Due to our use of monitoring, filtering, and other methods for enforcing our Code of Conduct, your activities on an HMHCo Account (or any of HMHCo’s offerings) will not remain “private” or otherwise be free of our review; be assured, however, that any monitoring or other actions we take with respect to our Code of Conduct will comply fully with our Privacy Policy. 

Technical Support. We offer certain technical support to users of an HMHCo Account (or any of HMHCo’s offerings). This support can be obtained by contacting us as provided below (“Technical Support”). If you have questions concerning the hours when Technical Support is available, or other terms applicable to Technical Support, please feel free to ask our Technical Support personnel.

Attention: Tech Support

Phone: 1-877-271-1680 (toll-free in the United States)

Hours of Operation: Monday - Friday, 8am - 10pm Eastern Time; Saturday, 9am - 5pm Eastern Time.

Allegations of Copyright Infringement. HMHCo respects the intellectual property rights of others and requires that its users do the same. If you believe that content accessed via your HMHCo Account (or any of HMHCo’s offerings) constitutes infringement of a work protected by copyright, please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA”) to respond to such concerns, as follows:

Address:

Houghton Mifflin Harcourt Publishing Company

Attention: Trevor Crippin, Legal Department

222 Berkeley Street

Boston, MA 02116

Email: copyright@hmhco.com

Your notice must comply with the DMCA. Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA, including its notice and takedown provisions.

Warranty Disclaimer. THE HMHCO ACCOUNT (AND EACH OF HMHCO’s OFFERINGS OR SERVICES) IS PROVIDED BY HMHCO AND ITS LICENSORS AND SERVICE PROVIDERS ON AN “AS IS” BASIS. HMHCO, ON ITS OWN BEHALF AND ON BEHALF OF ITS LICENSORS AND SERVICE PROVIDERS, HEREBY DISCLAIMS (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION ACCESSIBLE VIA OR AVAILABLE ON THE HMHCO ACCOUNT OR IN ANY USED, PURCHASED OR SUBSCRIBED APP OR SERVICE; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION VIA THE HMHCO ACCOUNT OR ANY USED, PURCHASED OR SUBSCRIBED APP OR SERVICE, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE HMHCO ACCOUNT AND ANY USED, PURCHASED OR SUBSCRIBED APP OR SERVICE IS AT YOUR SOLE RISK.

Limitation Of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL HMHCO, ITS LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE HMHCO ACCOUNT AND ANY USED, PURCHASED OR SUBSCRIBED APP OR SERVICE. IN NO EVENT WILL OUR TOTAL LIABILITY (AND THE TOTAL LIABILITY OF OUR LICENSORS AND SERVICE PROVIDERS COLLECTIVELY), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IN THE AGGREGATE EXCEED THE TOTAL AMOUNT OF MONIES YOU PAID FOR THE PURCHASED CONTENT PACKAGES AND APP HEREUNDER. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR DOWNLOAD AND/OR PURCHASES.

Local Consumer Law. The laws of your jurisdiction may limit the effect of the warranty disclaimer and limits of liability set out in the preceding two sections. Please refer to the laws of your jurisdiction.

Submission of Feedback. Under certain circumstances, we might ask parents for feedback or ideas as to their experiences with an HMHCo Account (or any of HMHCo’s offerings). If you choose to provide us with feedback, you acknowledge and agree (i) that you have no expectation of review, compensation or consideration of any type for any such feedback; and (ii) we will be free to use and exploit such feedback in our discretion and without compensation or obligation to you.

Change in Service or Terms. Any description of how the HMHCo Account works should not be considered a representation or obligation with respect to how the HMHCo Account will always work. We are constantly making adjustments to the HMHCo Account and often these adjustments are not completely captured within these Terms of Use. We reserve the right to make changes to the HMHCo Account and changes to these Terms of Use consistent with applicable law.

General. These Terms of Use shall be governed in all respects by the laws of the Commonwealth of Massachusetts without giving effect to its conflicts of law provisions.  Both parties submit to the exclusive jurisdiction of and venue in the state and federal courts in the Commonwealth of Massachusetts, in the judicial district where HMHCo resides.  If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.  HMHCo’s failure to act with respect to non-compliance by a user does not waive its right to act with respect to subsequent or similar non-compliance. These Terms of Use, together with the Privacy Policy and the Limited Software Warranty and License Agreement below, as applicable, set forth the entire understanding and agreement between us with respect to the subject matter of these Terms of Use and supersede any prior or contemporaneous understanding, whether written or oral.

Limited Software Warranty and License Agreement

Houghton Mifflin Harcourt Publishing Company ("HMH" "we" or "us") is the owner and developer of the Go Math Go™ App (the "Go Math Go App" or “App”).

BY DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THE GO MATH GO APP, AND ANY OTHER MATERIALS INCLUDED WITH THE APP, YOU AGREE TO BE BOUND BY THIS LIMITED SOFTWARE WARRANTY AND LICENSE AGREEMENT (THESE “TERMS”), AS WELL AS THE APP’S PRIVACY POLICY.  Copies of these Terms and the App’s Privacy Policy can be found here:

App’s Limited Software Warranty and License Agreement: 

http://www.gomathapp.com/terms

App’s Privacy policy

http://www.gomathgoapp.com/privacy

PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PURCHASE OR DOWNLOAD THIS SOFTWARE AND YOU ARE NOT PERMITTED TO INSTALL, OPEN, COPY OR USE THE GO MATH GO APP OR ANY OF THE CONTENT PACKAGES.  THE GO MATH GO APP INCLUDES ALL SOFTWARE DOWNLOADED WHEN PURCHASING THE APP, ANY AND ALL ACCOMPANYING MANUAL(S) AND OTHER DOCUMENTATION, AND OTHER WRITTEN FILES, ELECTRONIC AND/OR ON-LINE MATERIALS OR DOCUMENTATION, AND ANY AND ALL PERMITTED OR AUTHORIZED COPIES OF SUCH APP AND ITS MATERIALS. THIS APP IS LICENSED, NOT SOLD.

These Terms govern use of the Go Math Go App and the Content Packages that can be purchased, and apply to parents, children, and others (collectively, "you") who download, install, purchase, open and use the App and the Content Packages.  Please read these terms of use carefully.

 Our License to You. Subject to your compliance with these Terms, we grant you a limited, non-exclusive license (a) to download the Go Math Go App and any of the Go Math Go App Content Packages included in the initial download and made available for purchase and (b) to use copies of the App in compliance with its available features and documentation for your personal, non-commercial use on your and your family’s personally-owned devices, unless otherwise expressly specified in the App’s documentation. Your license rights are subject to your compliance with these Terms. The term of your license under these Terms shall commence on the date that you install or otherwise use the App and ends on the earlier date of either your disposal of the App or the termination of this Terms (as further provided below).

HMH and its licensors own all content and technology available through, or embodied within the Go Math Go App, the Content Packages provided as part of the initial download and/or made available for purchase, including all associated intellectual property rights ("Licensed Content"). The Licensed Content includes templates, formatting, information, software, artwork, text, video, audio, pictures, trademarks, trade dress, activities, and other components of the Go Math Go App. The App and Licensed Content are protected by U.S. copyright and trademark law and applicable laws and treaties throughout the world. HMH and its licensors retain all of their respective right, title and interest to the App, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sounds effects, musical works and moral rights.

The Go Math Go App and the other Licensed Content are being licensed, not sold, to you, and you hereby acknowledge that no title or ownership in either the App or any of the Licensed Content is being transferred or assigned to you or any other person, and these Terms shall not be construed as a sale of any rights in the App and Licensed Rights. Your license to use the Go Math Go App and Licensed Content is strictly limited; for example (and as further detailed in these Terms below), you are not permitted to copy, republish, modify, reverse engineer, or seek to repurpose the App or other Licensed Content in any way. We reserve all rights not expressly granted to you in and pursuant to these Terms. Additional terms and/or registration may be required to access or download additional App modules or updates or patches, although to be clear HMH shall have no obligation to provide such modules, updates or patches.

Any persons copying, reproducing, or distributing all or any portion of the App or Licensed Content in any manner or medium, will be willfully violating the copyright laws and may be subject to civil and criminal penalties in the U.S. or their local country. Be advised that U.S. copyright violations are subject to statutory penalties of up to $150,000 per violation. The App contains certain licensed materials and Licensor’s licensors may also protect their rights in the event of any violation of these Terms. All rights not expressly granted under these Terms are reserved by Licensor and, as applicable, its licensors.

Restrictions on Your License Rights. You agree not to:

  • commercially exploit the App;
  • distribute, lease, license, sell, rent, or otherwise transfer or assign the App;
  • make a copy of the App or any part thereof (other than as permitted in these Terms to use the App for your personal enjoyment);
  • use, install or make a copy of the App available on a network (or permit others to do same) for use or download by multiple users, or for on-line use, or on more than one computer or gaming unit at the same time;
  • use or copy the App at a computer gaming center or any other location-based site;
  • reverse engineer, decompile, disassemble, display, perform, prepare derivative works based on, or otherwise modify the App, in whole or in part;
  • remove or modify any proprietary notices, marks, or labels contained on or within the App; or
  • transport, export, or re-export (directly or indirectly) into any country forbidden to receive the App by any U.S. export laws or regulations or U.S. economic sanctions or otherwise violate any laws or regulations, or the laws of the country in which the App was obtained, which may be amended from time to time.

Please be advised that the Go Math Go App may include technical measures to control access to the App, control access to certain features or content, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under these Terms. The absence of technical measures in any version of the Go Math Go App shall not be construed as a waiver by HMH or its licensors of its intellectual property ownership or enforcement rights, and does not mean you may copy, use or otherwise make available, or use, the App in violation of these Terms. If present, such technical measures may include license key management, product activation, and/or other security technology in the App, as well as technical methods for passive monitoring usage that do not involve collecting personally identifiable information and may include, but not be limited to, time, date, access, or other controls, counters, serial numbers, and/or other security devices designed to prevent the unauthorized access, use, and copying of the App, or any portions or components thereof, including any violations of these Terms. You may not interfere with, attempt to disable or circumvent, any such access control or other technical measures. If you do, the App may cease to function or not function properly. The App may require an internet or other online connection for the purposes of effecting such technical measures, providing feedback and analytics as contemplated in these Terms or in the above-referenced Privacy Policy, requesting or being provided customer support, and/or supporting other functions related to your enjoyment and use of the App.

Privacy and the Go Math Go App. We value your privacy and the privacy of all our users. Please review the above-referenced App’s Privacy Policy for information on how we collect, use, and protect your information including, as applicable, any information that may be considered personal or personally identifiable. For the purposes all data privacy issues, including the collection, use, disclosure, and transfer of your personal information and other information, the above-referenced App’s Privacy Policy, as may be amended from time to time, takes precedence over any statements in these Terms.

Limited Warranty. Due to variations in hardware, software, internet connections, and individual usage, HMH does not warrant the performance of the Go Math Go App on your specific computer or device. HMH does not warrant against interference with your enjoyment of the App; that the App will meet your requirements; that operation of the App will be uninterrupted or error-free; or that the App will be compatible with third-party software or hardware, or that any errors in the App will be corrected. No oral or written advice provided by HMH, retailer or distributor of the App, or any authorized or unauthorized representative shall create a warranty.

THE GO MATH GO APP IS PROVIDED BY HMH ON AN "AS IS" BASIS. HMH AND ITS LICENSORS DISCLAIM (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE IN THE GO MATH GO APP OR OF ANY LICENSED CONTENT; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION ON THE GO MATH GO APP, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE GO MATH GO APP IS AT YOUR SOLE RISK.

Limitation Of Liability. IN NO EVENT WILL HMH BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM INSTALLATION, INABILITY TO INSTALL, POSSESSION, USE, OR MALFUNCTION OF THE GO MATH GO APP, INCLUDING, BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, OR LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE GO MATH GO APP OR ANY OF THE LICENSED CONTENT, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY, OR OTHERWISE, WHETHER OR NOT HMH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL HMH’S LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE GO MATH GO APP AND ANY OF THE LICENSED CONTENT PURCHASED BY YOU. IN NO EVENT SHALL HMH’S AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS HEREUNDER BY YOU, REGARDLESS OF THE FORM OF ACTION, EVER EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE GO MATH GO APP AND ANY AND ALL CONTENT PACKAGES USED WITH THE GO MATH GO APP AND OTHER LICENSED CONTENT OR (B) U.S. $100.

Local Consumer Law. The laws of your jurisdiction may limit the effect of the warranty disclaimer and limits of liability set out in the preceding sections entitled “Limited Warranty” and “Limitation of Liability.” Please refer to the laws of your jurisdiction. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, DEATH, OR PERSONAL INJURY RESULTING FROM NEGLIGENCE, FRAUD, OR WILLFUL MISCONDUCT, THESE LIMITATIONS AND/OR EXCLUSIONS AND ANY EXCLUSION OR LIMITATION OTHERWISE RESULTING FROM THE BELOW INDEMNITY MAY NOT APPLY TO YOU. THE ABOVE WARRANTY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF SUCH WARRANTY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. SUCH WARRANTY MAY GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

Indemnity. You agree to defend, indemnify, and hold HMH and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of these Terms.

Duration Of Rights; Termination. The license we grant to you under these Terms will continue until the earlier of (a) your cessation of use of the Go Math Go App, (b) our cessation of support for, or offering of the Go Math Go App (or any individual Content Package in respect thereof), or (c) your failure to comply with these Terms. If you fail to comply with these Terms, the termination of your license is without prejudice to other rights and remedies HMH may hold.

General. These Terms shall be governed in all respects by the laws of the Commonwealth of Massachusetts without giving effect to its conflicts of law provisions. Both parties submit to the exclusive jurisdiction of and venue in the state and federal courts in the Commonwealth of Massachusetts, in the judicial district where HMH resides. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. HMH's failure to act with respect to non-compliance by a user does not waive its right to act with respect to subsequent or similar non-compliance. These Terms, together with the Privacy Policy and other terms and conditions referenced herein to which you may agree to be a party, set forth the entire understanding and agreement between us with respect to the subject matter of these Terms and supersede any prior or contemporaneous understanding, whether written or oral.

Contact Us. You may contact us for any reason at the following address: myhmh@hmhco.com.

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