Terms and Conditions
Effective Date: July 1, 2012
Please Read Carefully Prior to Using This Website
Acceptance of Terms and ConditionsUse of this Math Solutions ("Math Solutions") website (this "Website") is governed by the terms and conditions below. These terms and conditions are legally binding on all users of this Website. By accessing this Website, you ("User") agree to abide by these terms and conditions. If you as the User of this Website do not agree with any of these terms and conditions, please do not use this Website, because by using the Website you will be deemed to have irrevocably agreed to these terms and conditions.
Intellectual Property Rights
- Ownership. All content, text, images, data, information and other material displayed, available or present on this Website (“Content”), including any intellectual property rights in such Content (including, without limitation, trademarks and copyrights) (hereinafter “Intellectual Property Rights”), are the property of Math Solutions, its affiliates, its licensors or the designated owners, and are protected by applicable intellectual property laws. User should assume that everything User sees or reads on this Website is copyrighted unless otherwise noted, and may not be used unless identified with the designation “Copy Freely” or without the written permission of Math Solutions, except as provided in these terms and conditions.
- Authorized and Prohibited Uses. Math Solutions hereby authorizes User to copy information published by Math Solutions on this Website for noncommercial use within User’s school or organization only, and only so long as User complies with these terms and conditions and applicable laws. In consideration of this authorization, User agrees that any copy of these documents User makes shall retain all copyright and other proprietary notices contained herein. Any information copied or distributed pursuant to this authorization shall contain the printed notice “Copyright 2009 Math Solutions. All rights reserved.” If User is interested in using the contents of this Website in any manner except as described above, please contact the system administrator at firstname.lastname@example.org for information on licensing. User may not otherwise reproduce, sell, publish, distribute, modify, display, or use any of this Website or the Content without the prior written permission of Math Solutions; provided, however, that if the functionality of the Website permits the emailing of certain Content or a link through the use of an “email to a friend” (or similar) icon, User may send that particular Content or link to others by email, as indicated. User shall not infringe upon any Intellectual Property Rights or remove or modify related proprietary notices contained in this Website or the Content.
- Registration and Passwords. Math Solutions may or may not at times require a User to have a password and provide registration details to access this Website or portions of this Website. If Math Solutions does require a password and registration details, it shall be a condition of use of this Website that all the details User provides are correct, current and complete. If Math Solutions believes that the details are not correct, current or complete, Math Solutions will have the right to refuse User access to the Website, or any of its resources, and to terminate or suspend User’s account, if any. User is responsible for maintaining the confidentiality of any password(s) User is given to access this Website, and User is fully responsible for all activities that occur under User’s password(s). User agrees to notify Math Solutions immediately of any unauthorized use of User’s password(s). Math Solutions reserves the absolute right not to issue a password to any person or entity.
- Software Downloads. Any software that is made available to download from this Website ("Software") is the copyrighted work of Math Solutions and/or its affiliates or suppliers. The Software is made available for downloading solely for use by Users pursuant to the end user license agreement (“EULA”) applicable to the Software, and any reproduction or redistribution of the Software other than as permitted in the EULA is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. In addition, downloading Software is prohibited if you are visiting this Website from any of the countries to which the export of software is prohibited by the U.S. Department of Commerce. Without limiting the foregoing, copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited.
Website and Registration Administration
- Access Arrangements and Fees. User’s use of this Website shall be in accordance with any and all procedures, forms, formats, displays and operating times as may be determined, specified or modified by Math Solutions in its discretion. User is responsible for all software, hardware, interconnections, fees, expenses, costs and taxes for User to access or use this Website. Math Solutions charges no fee at this time for using this Website, but reserves the right to impose or modify fees in connection with the use of this Website (or portions of this Website) at any time without any liability. Payment of any such fees shall be due and payable thirty (30) days from the date of the invoice unless otherwise agreed by User and Math Solutions or unless otherwise required by Math Solutions. Math Solutions shall endeavor to issue a general notice on this Website with regard to any imposition of fees or modifications to this Website.
- Linking. No link shall be made to any page of this Website except a direct link to the top page (http://www.mathsolutions.com) without framing. In addition, any link to this Website must be immediately followed by notice to Math Solutions via email at email@example.com. Moreover, in the event Math Solutions deems User’s linking practices in relation to this Website to be inappropriate, Math Solutions may provide notice to the User concerning removal or modification of the inappropriate link, and User agrees to comply with any and all requirements of Math Solutions relating thereto.
- Authority of Website Administrator. Math Solutions may in its discretion modify, edit, translate, suspend, restrict access to or terminate this Website, these terms and conditions, the Content, or any link at any time without liability or prior notice. Math Solutions may in its discretion terminate the browsing of, registration with and use of this Website by any User at any time without liability or prior notice for any reason, including for any breach of these terms and conditions.
- Import/Export Control. User shall not submit any Content to this Website or commit any act involving the transfer of information relating to any Content in violation of applicable import/export control, espionage or national security laws.
User Requirements and Obligations
- Compliance. User shall comply with all applicable laws in connection with its use of this Website.
- Functional Compatibility and System Abuse. User shall not attempt to and shall not damage, corrupt, tamper with or infect this Website, the Content or any information or telecommunication system of Math Solutions with a virus or other malicious computer program. User shall only use this Website for the permitted purposes stated in these terms and conditions, and will not engage in abusive activity with respect to this Website. User is prohibited from using any services or facilities provided in connection with this Website to compromise security or tamper with system resources and/or accounts. The use of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If User becomes involved in any violation of system security, Math Solutions reserves the right to release User’s details to system administrators at other sites and law enforcement authorities to assist them in resolving security incidents.
- User Cooperation and Notification. User shall cooperate with all reasonable requests of Math Solutions and will notify Math Solutions promptly upon learning of any actual or suspected breach of these terms and conditions by User or unauthorized use or abuse of this Website.
- Third Party Sites and Other Information. This Website may contain, as a convenience to User, Content, links, and other information submitted by third parties over whom Math Solutions has no control or responsibility, as well as translations thereof that Math Solutions may arrange. Math Solutions has no obligation to monitor, control or restrict the use of this Website, or third party websites accessible via links on this Website. These other sites are not under the control of Math Solutions, and User acknowledges that (whether or not such sites are affiliated in any way with Math Solutions) Math Solutions is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by Math Solutions or any association with its operators. Moreover, Math Solutions has no obligation to verify any Content submitted by a user or to provide any registration or other information to User concerning any Content.
- Warranty Disclaimers, Limitations on Liability and Remedies.THIS WEBSITE, ITS CONTENT, ITS SOFTWARE DOWNLOADS, AND ITS LINKS ARE PROVIDED ON AN "AS IS" BASIS AND ARE USED ONLY AT THE SOLE RISK OF USER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. MATH SOLUTIONS DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, OF ANY KIND REGARDING THIS WEBSITE (INCLUDING ITS CONTENT, HARDWARE, SOFTWARE AND LINKS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY AND FREEDOM FROM COMPUTER VIRUS. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO USER, THE ABOVE EXCLUSIONS WILL APPLY TO USER TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
MATH SOLUTIONS WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES AND LOST PROFITS, IN CONNECTION WITH USE OF THE INTERNET, THIS WEBSITE, ITS CONTENT, ITS SOFTWARE DOWNLOADS, OR ITS LINKS, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MATH SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MATH SOLUTIONS WILL NOT BE A PARTY TO, AND WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR, ANY TRANSACTION NEGOTIATED OR ARRANGED BY A USER ARISING IN CONNECTION WITH THIS WEBSITE. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THE MAXIMUM LIABILITY OF MATH SOLUTIONS WILL BE LIMITED TO, IN THE SOLE DISCRETION OF MATH SOLUTIONS, EITHER THE (1) CORRECTION OR DELETION OF ANY INACCURATE CONTENT OR LINK; OR (2) REFUND OF ANY FEES FOR THIS WEBSITE RECEIVED BY MATH SOLUTIONS FROM USER.
- Indemnification. User shall defend, indemnify and hold harmless Math Solutions and its affiliates, officers, directors, employees, and contractors from any demands, claims, damages, liabilities, expenses, or harms, including attorneys fees, arising in connection with User’s use of this Website, online conduct, breach of these terms and conditions, or dealings or transactions with other persons resulting from use of this Website.
- Separate Terms and Conditions. In connection with User’s use of and/or access to Content contained in certain areas of this Website, it may be necessary for User to consent to policies or terms and conditions in addition to these terms and conditions set forth herein, which User should read carefully before making any use of such Content or areas of this Website. Any such terms will not vary or replace these terms and conditions regarding any use of this Website, unless otherwise expressly stated.
- Contact Information. If you have any questions regarding these terms and conditions of use or this Website, please contact Math Solutions at firstname.lastname@example.org.
One Harbor Drive, Suite 101
Sausalito, CA 94965