Welcome, and thank you for your interest in MathInfusion ("MathInfusion" or "We" or "Us"), which operates the web site located at https://www.mathinfusion.com and related mobile applications and online services (the "Website"). The following Terms and Conditions of Use ("Terms" or "Terms and Conditions") are a legal contract between you ("You") and MathInfusion and its owners \ parent company, regarding your use of the Website. Visitors and registered users of the Website are referred to individually as "User" and "Member" respectively and collectively as "Users" or "Members" respectively.
MathInfusion provides a personalized subscription service ("the service") that allows our Members to purchase access to educational content ("MathInfusion premium content") delivered through the Internet to certain Internet-connected devices ("devices").
You have accepted these Terms and Conditions, which govern your use of our service. Personally identifying information is subject to our Privacy Statement, the terms of which are incorporated herein. Please review our Privacy Statement to understand our practices.
As used in these Terms and Conditions "MathInfusion service", "our service" or "the service" includes the personalized service provided by MathInfusion for consuming MathInfusion premium content, including but not limited to all features and functionalities, the website, user interfaces, as well as all content and software associated with our service.
YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 14.3. DISPUTE RESOLUTION AND ARBITRATION TO RESOLVE ANY DISPUTES WITH MATHINFUSION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF USE, INCLUDING THE MATHINFUSION PRIVACY NOTICE AND ANY ADDITIONAL GUIDELINES (AS DEFINED BELOW) (COLLECTIVELY, THE "TERMS" OR "TERMS AND CONDITIONS"). IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO REGISTER WITH THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS IN RESPECT OF SUCH CHILDâ€™S USE OF THE WEBSITE.
THE WEBSITE IS NOT AVAILABLE TO (A) ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE WEBSITE BY MATHINFUSION OR (B) ANY PERSONS UNDER THE AGE OF 13 WHOSE REGISTRATION HAS NOT BEEN APPROVED BY A LEGAL PARENT OR GUARDIAN. By clicking the "I Agree" check box or by otherwise using or registering an account for the Website, You represent (a) that You have not been previously suspended or removed from the Website by MathInfusion; (b) that You are either (i) at least 13 years of age or (ii) Your parent and/or guardian has consented to Your use of the Website; and (c) that your registration and your use of the Website is in compliance with any and all applicable laws and regulations.
In order to use certain features of the Website, you must register for an account. You may be asked to provide a password in connection with your account. You are solely responsible for maintaining the confidentiality of your account and password, and You agree to accept responsibility for all activities that occur under your account or password. You agree that the information You provide to MathInfusion, whether at registration or at any other time, will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. If You have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), then You agree to immediately notify MathInfusion at the Contact Us page with the message "My account is no longer secure". You may be liable for the losses incurred by MathInfusion or others due to any unauthorized use of your Website account.
If You are a User of the Website and are under the age of 13 ("Child User"), You may not register an account for the Website without consent and approval from your legal parent or guardian. A Child User that begins the registration process for himself or herself without a Parent User may have the registration process restricted until a Parent User approves or assumes responsibility for the Child User account. Additionally, a Child User may use the Website if registered through certain educational organizations or, in certain cases (as defined below), by Coaches that have entered into a relationship directly with MathInfusion and through which education organization or Coach the legal parent and/or guardian of such Child User has consented to use of the Website. Further, in certain instances, a Child User may use our Website via one of the third-party applications that integrate into or with the Website. A Child User that has registered through such external educational organizations, third party applications, or Coaches will only be permitted to use the Website for so long as MathInfusion reasonably believes that such access has been consented to by the Child Userâ€™s parent or guardian.
If You are at least 18 years of age and you are the legal parent or guardian of a child that seeks to register as a Child User of the Website, You may register a parent account on the Website ("Parent User"). As a Parent User, you may provide us in the Contact Us page a "Parent \ Guardian \ Coach Consent" only for your own child(ren) or child(ren) for whom you are a legal guardian. IF YOU REGISTER, APPROVE THE REGISTRATION OF, OR OTHERWISE ASSUME RESPONSIBILITY FOR ANY CHILD USER, YOU REPRESENT AND WARRANT THAT YOU ARE SUCH CHILD USERâ€™S LEGAL PARENT OR GUARDIAN AND YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS ON BEHALF OF SUCH CHILD USER, INCLUDING WITHOUT LIMITATION BEING LIABLE FOR ALL USE OF THE WEBSITE BY THE CHILD USER. You acknowledge that MathInfusion may choose, but is not obligated, to make any inquiries, either directly or through third parties, that MathInfusion deems necessary to validate Your registration information, including without limitation engaging third parties to provide verification services. MathInfusion reserves all rights to take legal actions against anyone who misrepresents personal information or is otherwise untruthful about their identity. NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE THAT MATHINFUSION CANNOT GUARANTEE THE ACCURACY OF ANY INFORMATION SUBMITTED BY ANY USER AND MATHINFUSION IS NOT OBLIGATED TO VERIFY THE IDENTITY OF ANY USER, INCLUDING ANY USERâ€™S CLAIM TO BE A PARENT USER, OR TO VERIFY THAT A PARENT IDENTIFIED BY A CHILD USER OR A COACH DURING REGISTRATION IS SUCH CHILD USERâ€™S ACTUAL PARENT OR GUARDIAN. Any User account, may be terminated by MathInfusion at any time and without warning for any failure to abide by these Terms and Conditions.
MathInfusion may make available certain features and tools that permit certain Users (such as, for example, representatives of school districts, schools, teachers, and other educators) to work with students and other Users through the Website in order to provide such students and other Users with tutorial, educational and other education-related services, and to review and evaluate educational achievement and progress of such students and other Users (each a "Coach"). If you are a Coach, you must request MathInfusionâ€™s written permission for one or more of your students. IF YOU ARE A COACH AND YOU REGISTER AN ACCOUNT FOR A CHILD USER, YOU REPRESENT AND WARRANT THAT YOU HAVE RECEIVED EXPRESS CONSENT FROM SUCH CHILD USERâ€™S PARENT OR LEGAL GUARDIAN FOR YOU TO REGISTER THE CHILD USER FOR THE WEBSITE AND FOR YOU TO PROVIDE TO MATHINFUSION THE INFORMATION YOU DISCLOSE IN CONNECTION WITH THE REGISTRATION OF SUCH CHILD USER. WITHOUT LIMITING THE FOREGOING, YOU FURTHER AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS ON BEHALF OF SUCH CHILD USER, INCLUDING WITHOUT LIMITATION BEING LIABLE FOR ALL USE OF THE WEBSITE BY THE CHILD USER, FOR SO LONG AS THE CHILD USER IS NOT OTHERWISE ASSOCIATED WITH OR ASSUMED BY A VALID PARENT OR LEGAL GUARDIAN. You hereby agree to indemnify, defend and hold harmless MathInfusion against any and all claims, losses, liabilities and expenses (including reasonable attorneysâ€™ fees) arising out of or related to (a) your violation of any provision, representation or warranty this Section 1.5; (b) the use of the Website by the Child User; (c) your failure to obtain sufficient parental or legal guardian consent; (d) your registration of the Child User, or (e) any other action related to the Child User.
Access to MathInfusion premium content is limited to the duration of a time period ("Period") as defined in the product subscribed to.
A subset of MathInfusion premium content can be consumed for a single period. Payments are nonrefundable for this subset of MathInfusion premium content and will not automatically renew in which case sections 2.3, 2.5, 2.6 are not applicable.
A subset of MathInfusion premium content can be consumed on an ongoing basis and your MathInfusion membership will continue period-to-period and automatically renew until terminated. To use the MathInfusion service you must have Internet access and an internet ready device and provide us with a Payment Method. "Payment Method" means a current, valid, accepted method of payment and which may include payment through your account with a third party. You must cancel your membership before it renews each period in order to avoid billing of the next period's membership fees to your Payment Method (see "Cancellation" below).
The membership fee for the MathInfusion service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a period-by-period basis to your Payment Method on the calendar day corresponding to the commencement of the paying portion of your membership until your membership is cancelled. Membership fees are fully earned upon payment. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. Visit our website and click on the "My subscription Information" on the "My Account" page to see your next payment date. We will use your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it up to approximately one membership period of service as soon as you register.
To use the MathInfusion service you must provide one Payment Method. You cannot update your Payment Method. We may update your Payment Method using information provided by the payment service provider. Following any update, you authorize us to continue to charge the applicable Payment Method. If your Payment Method is declined or no longer available to us for payment of your subscription fee, your subscription to use the MathInfusion service will elapse and access to MathInfusion premium content will be denied. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
You can cancel your MathInfusion membership at any time. To see when your account will close, or to close your account, go to the "My Account" and look at the active subscription under "My Subscription Information." We do not provide refunds or credits for any partial-period membership period or unwatched content. When canceling during the initial period, your membership will be canceled but you will continue to have access to MathInfusion premium content through the end of your current billing period after which your account will automatically close. When cancellation is during a period subsequent to the initial period, MathInfusion may terminate your membership immediately and a refund may be issued. If you signed up for MathInfusion using your account with a third party as a Payment Method and wish to cancel your MathInfusion membership, you may need to do so through that third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the MathInfusion service through that third party. You may also find billing information about your MathInfusion membership by visiting your account with the applicable third party.
We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms and Conditions, any price changes or changes to your subscription plan will take effect following notice to you.
Payments are nonrefundable and there are no refunds or credits for partially used periods. Following some cancellations, however, you may continue to have access to MathInfusion premium content through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Your privacy is important to MathInfusion. Please read the MathInfusion Privacy Notice, hereby incorporated into the Terms and Conditions, for information relating to MathInfusionâ€™s collection, use, and disclosure of Your personal information.
When using the Website, You will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into the Terms and Conditions.
MathInfusion reserves the right, at our discretion, to change, modify, add, or remove portions of the Terms and Conditions at any time. Please check the Terms and Conditions and any Guidelines periodically for changes. Your continued use of the Website after the posting of changes constitutes your binding acceptance of such changes. For any material changes to the Terms and Conditions, MathInfusion will make reasonable effort to provide notice to you of such amended Terms and Conditions, such as by an email notification to the address associated with your account or by posting a notice on the Website, and such amended Terms and Conditions will be effective against You on the earlier of (i) your actual notice of such changes and (ii) thirty days after MathInfusion makes reasonable attempt to provide you such notice. Disputes arising under these Terms and Conditions will be resolved in accordance with the version of Terms and Conditions in place at the time the dispute arose.
MathInfusion may permit the posting and/or publishing by You and other Users of notes, questions, comments, ratings, reviews, images, videos and other audio-visual materials and communications (collectively, "User Content"). You understand that whether or not such User Content is published, MathInfusion does not compensate or guarantee in any manner whatsoever any confidentiality with respect to any submissions.
By posting, submitting or distributing User Content on or through the Website, You hereby grant to MathInfusion a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, distribute, prepare derivative works of, use, make, have made, sell, offer for sale, import, and otherwise exploit your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed).
User Content. By posting, submitting or distributing User Content through the Website, You hereby grant to each User of the Website a non-exclusive license to access and use your User Content in any manner permitted or made available by MathInfusion on or through the Website.
You are solely responsible for your User Content and the consequences of posting, creating, or publishing them. You represent and warrant that: (1) You are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize MathInfusion and MathInfusionâ€™s Users to use and distribute your User Content as necessary to exercise the licenses granted by You in these Terms and Conditions and in the manner contemplated by MathInfusion and these Terms and Conditions; (2) your User Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; and (3) your User Content does not contain any viruses, adware, spyware, worms, or other malicious code.
MathInfusion may permit Users to share their User Content with a select group of other Users, or make their User Content public for all (even non-Website users) to view. You acknowledge and agree that, although MathInfusion may provide certain features intended to allow you to restrict some User Content you create from others, MathInfusion does not guarantee that such User Content will never be accessible by others. In the event of unauthorized access, MathInfusion will use reasonable efforts to notify you pursuant to Section 14.1 Notice, below. MATHINFUSION HEREBY DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO ANY UNAUTHORIZED ACCESS TO ANY RESTRICTED USER CONTENT.
You understand that when using the Website You will be exposed to User Content from a variety of sources, and that MathInfusion is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that You may be exposed to User Content that is inaccurate, offensive, indecent or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against MathInfusion with respect thereto. MathInfusion does not endorse any User Content or any opinion, recommendation or advice expressed therein, and MathInfusion expressly disclaims any and all liability in connection with User Content.
The Website is owned and operated by MathInfusion. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), software, services, content, educational videos and exercises, and all other elements of the Website (the "Website Materials") are protected by United States and international copyright, patent, and trademark laws, international conventions, and other applicable laws governing intellectual property and proprietary rights. Except for any User Content provided and owned by Users and except as otherwise set forth in this Section 7, all Website Materials, and all trademarks, service marks, and trade names, contained on or available through the Website are owned by or licensed to MathInfusion, and MathInfusion reserves all rights therein and thereto not expressly granted by these Terms and Conditions.
MathInfusion may make available on the Website certain educational videos, exercises, and related supplementary materials that are owned by MathInfusion or its third-party licensors (the "Licensed Educational Content"). MathInfusion grants to you a non-exclusive, non-transferable right to access and use the Licensed Educational Content as made available on the Website by MathInfusion solely for your personal, non-commercial purposes. Unless expressly indicated on the Website that a particular item of Licensed Educational Content is made available to Users under alternate license terms, you may not download, distribute, sell, lease, modify, or otherwise provide access to the Licensed Educational Content to any third party.
In certain cases, MathInfusion or its licensors may make available Licensed Educational Content under alternate license terms (each, an "Alternate License"). Where expressly indicated as such on the Website, and subject to the terms and conditions of these Terms, the applicable Licensed Educational Content is licensed to You under the Terms and Conditions of the Alternate License. By using, downloading, or otherwise accessing such Licensed Educational Content, You agree to comply fully with all the terms and conditions of such Alternate License.
The MathInfusion service and any content viewed through our service are for your personal and non-commercial use only and may not be shared. During your MathInfusion membership, we grant you a limited, non-exclusive, non-transferable right to access the MathInfusion service and consume MathInfusion content through the service. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
You agree to use the MathInfusion service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized in these Terms and Conditions, you agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the MathInfusion service. You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the MathInfusion service; use any robot, spider, scraper or other automated means to access the MathInfusion service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the MathInfusion service; insert any code or product or manipulate the content of the MathInfusion service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the MathInfusion service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms and Conditions or are engaged in illegal or fraudulent use of the service.
The Licensed Educational Content and Licensed Educational Code is intended for personal, non-commercial use only. Without limiting the foregoing, and notwithstanding the Terms and Conditions of any Alternate License for such Licensed Educational Content, the Licensed Educational Content may not be used, distributed or otherwise exploited for any commercial or non-commercial purpose, commercial or non-commercial advantage or public or private monetary compensation, unless otherwise previously agreed to in writing by MathInfusion.
Without limiting the generality of the foregoing, the following are types of uses that MathInfusion expressly defines as falling outside of "non-commercial" use:
(i) the sale or rental of (1) any part of the Licensed Educational Content, (2) any derivative works based at least in part on the Licensed Educational Content, or (3) any collective work that includes any part of the Licensed Educational Content;
(ii) providing training, support, or editorial services that use or reference the Licensed Educational Content in exchange for a fee; and
(iii) the sale of advertisements, sponsorships, or promotions placed on the Licensed Educational Content, or any part thereof, or the sale of advertisements, sponsorships, or promotions on any website or blog containing any part of the Licensed Educational Material, including without limitation any "pop-up advertisements".
Whether a particular use of the Licensed Educational Content is "non-commercial" depends on the use, not the user. Thus, a use of the Licensed Educational Content that does not require that users pay fees and that does not provide an entity with a commercial advantage is "non-commercial," even if this use is by a commercial entity. Conversely, any use that involves charging users in connection with their access to the Licensed Educational Content is not "non-commercial," even if this use is by a non-profit entity. As an example, a for-profit corporationâ€™s use of the Licensed Educational Content for internal professional development or training of employees is permitted, so long as the corporation purchased a subscription from MathInfusion and charges no fees, directly or indirectly, for such use. Conversely, as another example, a non-profit entityâ€™s use of the Licensed Educational Content in connection with a fee-based training or educational program is NOT "non-commercial" and is not permitted.
If You distribute, publicly perform or display, transmit, publish, or otherwise make available any Licensed Educational Content or any derivative works thereof, You must also provide the following notice prominently along with such Licensed Educational Content or derivative work thereof: "All MathInfusion content is available for a fee at www. MathInfusion.com".
8.1. use the Website for any commercial use or purpose unless expressly permitted by MathInfusion in writing, it being understood that the Website and related services are intended for personal, non-commercial use only;
8.2 except as expressly permitted under Sections 6.3 and 7 of these Terms and Conditions, rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses for any Website Materials;
8.3 post, upload, or distribute any defamatory, libelous, or inaccurate User Content or other content;
8.4 post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
8.5 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Website accounts of others without permission, or perform any other fraudulent activity;
8.6 delete the copyright or other proprietary rights notices on the Website or on any Licensed Educational Content, Licensed Educational Code, or User Content;
8.7 assert, or authorize, assist, or encourage any third party to assert, against MathInfusion or any of its affiliates or licensors any patent infringement or other intellectual property infringement claim regarding any Licensed Educational Content, Licensed Educational Code, or User Content You have used, submitted, or otherwise made available on or through the Website;
8.8 make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Website (including, but not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures);
8.9 use the Website for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
8.10 defame, harass, abuse, threaten or defraud Users of the Website, or collect, or attempt to collect, personal information about Users or third parties without their consent;
8.11 remove, circumvent, disable, damage or otherwise interfere with security-related features of the Website, Licensed Educational Content, Licensed Educational Code, or User Content, features that prevent or restrict use or copying of any content accessible through the Website, or features that enforce limitations on the use of the Website, Licensed Educational Content, Licensed Educational Code, or User Content;
8.12 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
8.13 modify, adapt, translate, make copies of or create derivative works based upon the Website or any part thereof, except and only to the extent expressly permitted by MathInfusion herein or to the extent the foregoing restriction is expressly prohibited by applicable law; or
8.14 intentionally interfere with or damage operation of the Website or any userâ€™s enjoyment of it, by any means, including without limitation by participation in any denial-of-service type attacks or by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
The Website may include links or references to other web sites or services solely as a convenience to Users ("Reference Sites"). MathInfusion does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK.
MathInfusion, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) You may have with MathInfusion or your use of the Website and remove and discard all or any part of your account, User profile, and User Content, at any time. MathInfusion may also in its sole discretion and at any time discontinue providing access to the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website or any account You may have, or portion thereof, may be affected without prior notice, and You agree that MathInfusion will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies MathInfusion may have at law or in equity. As discussed herein, MathInfusion does not permit copyright, trademarks, or other intellectual property infringing activities on the Website, and will terminate access to the Website, and remove all User Content or other content submitted, by any Users who are found to be repeat infringers.
Your only remedy with respect to any dissatisfaction with (i) the Website, (ii) any term of these Terms and Conditions, (iii) Guidelines, (iv) any policy or practice of MathInfusion in operating the Website, or (v) any content or information transmitted through the Website, is to terminate the Terms and Conditions and your account. You may terminate the Terms and Conditions at any time by requesting MathInfusion to delete your login account at our Contact Us page with the "Account Delete Request" and discontinuing use of any and all parts of the Website.
You agree to indemnify, defend, and hold harmless MathInfusion, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners ("MathInfusion Indemnitees") from any claims, losses, damages, liabilities, and expenses (including legal fees and expenses), arising out of any use or misuse of the Website, any violation of the Terms and Conditions, or any breach of the representations, warranties, and covenants made herein, whether by You or by any Child User associated with you if you are a Parent User or Coach. MathInfusion reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify MathInfusion, and You agree to cooperate with MathInfusionâ€™s defense of these claims. MathInfusion will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
THE WEBSITE, AND ALL DATA, INFORMATION, SOFTWARE, WEBSITE MATERIALS, CONTENT, USER CONTENT, REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE, ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MATHINFUSION, AND ITS AFFILIATES AND LICENSORS, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MATHINFUSION OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
MATHINFUSION, AND ITS SUPPLIERS, LICENSORS, AND AFFILIATES, DO NOT WARRANT THAT THE WEBSITE OR ANY DATA, USER CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE WEBSITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. THE MATHINFUSION SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE MATHINFUSION SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. MATHINFUSION DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE MATHINFUSION SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. MATHINFUSION SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, DEVICES, AND MATHINFUSION SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
YOU UNDERSTAND AND AGREE THAT YOUR USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINING OF CONTENT, WEBSITE MATERIALS, SOFTWARE, OR DATA THROUGH THE WEBSITE (INCLUDING THROUGH ANY APIâ€™S) IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS THEREFROM.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
WHEN YOU USE THE WEBSITE WITH YOUR DIGITAL PRODUCT, YOU MAY INCUR OTHER ADDITIONAL CHARGES FROM THIRD PARTY SERVICE PROVIDERS, SUCH AS TELECOMMUNICATIONS FEES, DATA FEES OR SERVICE PROVIDER FEES. YOU ARE RESPONSIBLE FOR PAYING ANY ADDITIONAL CHARGES.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL MATHINFUSION OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR PROFITS, LOSS OF DATA, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THE TERMS AND CONDITIONS OR YOUR USE OF (OR INABILITY TO USE) THE WEBSITE OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH MATHINFUSION, EVEN IF MATHINFUSION OR A MATHINFUSION AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, MATHINFUSIONâ€™S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT WILL MATHINFUSIONâ€™S OR ITS AFFILIATESâ€™, CONTRACTORSâ€™, EMPLOYEESâ€™, AGENTSâ€™, OR THIRD-PARTY PARTNERSâ€™, LICENSORSâ€™, OR SUPPLIERSâ€™ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE TERMS AND CONDITIONS OR YOUR USE OF THE WEBSITE OR YOUR INTERACTION WITH OTHER WEBSITE USERS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE DOLLAR, WHICHEVER IS GREATER.
YOU ACKNOWLEDGE AND AGREE THAT MATHINFUSION HAS OFFERED THE WEBSITE AND ENTERED INTO THE TERMS AND CONDITIONS IN RELIANCE UPON THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND MATHINFUSION, AND THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND MATHINFUSION. MATHINFUSION WOULD NOT BE ABLE TO PROVIDE THE WEBSITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
MathInfusion may provide You with notices, including those regarding changes to the Terms and Conditions, by email, regular mail, postings on the Website, or other reasonable means. Notice will be deemed given twenty-four hours after email is sent, unless MathInfusion is notified that the email address is invalid. Alternatively, we may give You legal notice by mail to a postal address, if provided by You through the Website. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Website is deemed given 30 days following the initial posting.
The failure of MathInfusion to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by MathInfusion.
(a) Governing Law. The Terms and Conditions will be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to any principles of conflicts of law.
(b) Arbitration. For any claim related to the Terms and Conditions or the Website or the service, excluding claims for injunctive or other equitable relief, where the total amount sought is less than ten thousand U.S. Dollars ($10,000.00 USD), either MathInfusion or You may elect at any point in or during a dispute or proceeding to resolve the claim through binding non-appearance-based arbitration. A party electing arbitration shall initiate it through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
(c) Jurisdiction. You agree that any action at law or in equity arising out of or relating to the Terms and Conditions or MathInfusion will be filed only in the state or federal courts in and for Monmouth County, New Jersey, and each of You and MathInfusion hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action, except as provided in Section 14.3 (b) regarding arbitration. Notwithstanding this, MathInfusion shall still be allowed to apply for injunctive or other equitable relief to protect or enforce its intellectual property rights in any court of competent jurisdiction.
(d) Improperly Filed Claims. All claims you bring against MathInfusion must be resolved in accordance with this Section 14.3. All claims filed or brought contrary to this Section 14.3 shall be considered improperly filed. Should either party file a claim contrary to this Section 14.3, the other party may recover attorneys' fees and costs up to one thousand U.S. Dollars ($1,000.00 USD), provided that such party seeking such fees has notified the other in writing of the improperly filed claim, and the other has failed to promptly withdraw the claim.
(e) Claims. YOU AND MATHINFUSION AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If any provision of these Terms and Conditions or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms and Conditions to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
These Terms and Conditions and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You without MathInfusionâ€™s prior written consent, but may be assigned by MathInfusion without consent or any restriction. Any assignment attempted to be made in violation of these Terms and Conditions shall be null and void.
Upon termination of these Terms and Conditions, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 5, 6, 7.1, 7.3, 7.4, and 8 through 14.
The heading references herein are for convenience purposes only, do not constitute a part of Terms and Conditions, and will not be deemed to limit or affect any of the provisions hereof.
The Terms and Conditions, the Privacy Notice and Guidelines constitute the entire agreement between You and MathInfusion relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to Terms and Conditions, Privacy Notice or Guidelines made by MathInfusion as set forth in Section 4 above.
The Website is hosted in the United States, and the services provided hereunder are offered by MathInfusion: