MathExercise Terms of Use

1. ACCEPTANCE OF TERMS

MathExercise, Inc. (hereafter called "MathExercise") provides its services (“Service” or “Services”) to you, subject to the following Terms of Use ("TOU"). As used in these Terms of Use, "MathExercise services," "our services", or "the services" means the services provided by MathExercise to practice solving math problems; the services include all features and functionalities, website, and user interfaces, as well as all content and software associated with our services which may be updated by us from time to time without notice to you. When using MathExercise services, you and MathExercise shall be subject to any guidelines or rules applicable to such services; all such guidelines and rules are hereby incorporated into the TOU. These Terms of Use, which include our Privacy Policy (see Section 6) govern your use of MathExercise services. By using, visiting, or browsing the MathExercise services, you accept and agree to these Terms of Use.

2. CHANGES TO TERMS OF USE

MathExercise may, from time to time, change these Terms of Use, including the Privacy Policy. Such revisions shall be effective immediately; provided however, for existing members, such revision shall, unless otherwise stated, be effective 30 days after posting. MathExercise will include the date of revision on posted Terms of Use and Privacy Policy.

3. DESCRIPTION OF SERVICES

MathExercise currently provides users with services to help practice mathematics. Unless explicitly stated otherwise, any new features that augment or enhance the current services, including the release of new MathExercise properties, shall be subject to the TOU. You understand and agree that the Services are provided "as-is" and “as-available”, and that MathExercise does not guarantee, represent, or warrant that our services will be uninterrupted or error-free. MathExercise assumes no responsibility for deletion, misdelivery or failure to store any user data including communications, personalization settings, and performance statistics.

In order to use our services, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device. MathExercise assumes no responsibility for altered or failed display, formatting, or printing of MathExercise website content due to any reason including but not limited to your use of incompatible browsers, computers, mobile devices, and printers.

4. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of MathExercise services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the services’ registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MathExercise has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MathExercise has the right to suspend or terminate your account and refuse any and all current or future use of the services (or any portion thereof).

5. MEMBERSHIP AND BILLING

MathExercise does not permit the opening of an account by a person under that age of 18. Our Services are designed to be used with the supervision of an adult. We permit memberships at the School, Family and Tutor levels.

School Membership

Membership information

You must be a School Official (e.g. Principal, School Administrator) authorized to sign contracts, agreements, and payment authorizations on behalf of your school to start a School Membership. You can view the specific details of your School Membership with MathExercise at any time after opening your account. Simply sign into your MathExercise account, and click on My Account in top navigation.

Student/Teacher Enrollment

You may enroll all of your students and teachers in one School Membership account. You must be a “School Official” (e.g. Principal, School Administrator) authorized to (1) sign contracts, agreements, and payment authorizations on behalf of your school, and (2) include all teachers and students in your school into the School Membership account. Students who are not enrolled as full time students in your school, and teachers who are not employees of your school shall not be eligible for inclusion in your School Membership account. Individuals others than full time students or teacher employees at your school shall not be eligible for inclusion in your School Membership account

Non-transferability

License to MathExercise services through School Membership is granted expressly and exclusively to the registered School Official, whose information is used for account registration. The teachers enrolled by a School Official in his/her School Account can access MathExercise services through their registered School Account for the duration of active membership of that School Account. This access to the services is explicitly non-transferable to any other person (e.g. students, parents, non-employee-teachers etc.), business, institution (e.g. another school, learning organization), group (e.g. parent/teacher association), or entity.

Billing

By starting your MathExercise membership, you are expressly agreeing that we are authorized to charge you the membership fee associated with the services you chose during registration. You agree that we are authorized to charge you the membership fee at the then-current rate plus any applicable tax to the Payment Method you provided during registration and account activation (or to a different Payment Method if you change your account information). Please note that prices and charges are subject to change with notice. As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The membership fee will be billed at the beginning of the paying portion of your membership period and each membership period thereafter unless and until you cancel your membership. Sign into your MathExercise account and click My Account to see the date of your subscription renewal.

You acknowledge that the payments are nonrefundable and there are no refunds or credits for partially used periods. We may change the fees and charges in effect, or add new fees and charges from time to time; we will give you advance notice of these changes by e-mail.

Ongoing Membership

Your MathExercise membership will continue in effect unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each billing period in order to avoid billing of the next membership fee to your Payment Method. We will bill the membership fee at the then-current rate plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Membership fees are fully earned upon payment.

Cancellation

You may cancel your MathExercise membership at any time, and cancellation will be effective immediately. You will continue to have access to our services till the end of the current billing period. We do not provide refunds or credits for any partially used membership periods. To cancel your membership, send us a written request through the Contact Us link in the top navigation.

Restart

If you have cancelled your MathExercise membership, you may restart it at any time. To restart your membership, send us a written request through the Contact Us link in the top navigation of the MathExercise website. You will be billed the membership fee at the then-current rate plus any applicable tax to the Payment Method you provide to us during restart (or to a different Payment Method if you change your account information).

Family Membership

Membership information

You can review the specific details regarding your Family Membership with MathExercise at any time after opening your account. Simply sign in to your MathExercise account, and click on My Account in top navigation.

Student Enrollment

You may enroll all of your children as students in one Family Membership account. You must be the biological parent or legal guardian of each child whom you enroll into the Family Membership account. Children related to you in other blood relations or legal relations (e.g. nephews, nieces, grandchildren etc.) as well as those who are not your biological children or legal dependents shall not be eligible for inclusion in your Family Membership account.

Non-transferability

LAccess to MathExercise Services through Family Membership is granted expressly and exclusively to the registered account owner, whose information is provided at the time of account registration. This access to our services is explicitly non-transferable to any other person, business, institution, group, or entity.

Billing

By starting your MathExercise membership, you are expressly agreeing that we are authorized to charge you the membership fee associated with the services you chose during registration. You agree that we are authorized to charge you the membership fee at the then-current rate plus any applicable tax to the Payment Method you provided during registration (or to a different Payment Method if you change your account information). Please note that prices and charges are subject to change with notice. As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The membership fee will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. Sign into your MathExercise parent account and click My Account to see the date of your subscription renewal. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement day of your paying membership. In the event your monthly membership begins on a day not contained in a given month, we will bill your Payment Method on the last day of such month. For example, if you become a paying member on March 31, your Payment Method would next be billed on April 30. Membership charges are fully earned upon payment.

You acknowledge that the payments are nonrefundable and there are no refunds or credits for partially used periods. We may change the fees and charges in effect, or add new fees and charges from time to time; we will give you advance notice of these changes by e-mail. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information from the My Account page after signing into your MathExercise family account. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.

Ongoing Membership

Your MathExercise membership will continue in effect unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each billing period in order to avoid billing of the next membership fee to your Payment Method. We will bill the membership fee at the then-current rate plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Membership fees are fully earned upon payment.

Cancellation

You may cancel your MathExercise membership at any time, and cancellation will be effective immediately. You will continue to have access to our services till the end of the current billing period. We do not provide refunds or credits for any partially used membership periods. To cancel your membership, sign into your PayPal account and cancel the automatic payment to MathExercise.

Restart

If you have cancelled your MathExercise membership, you may restart it at any time. To restart your membership, sign into your MathExercise account, click on My Account in top navigation, go to the Profile tab, and click on the Subscribe button. Complete the PayPal payment information and initiate the automatic payment to MathExercise. You will be billed the membership fee at the then-current rate plus any applicable tax to the Payment Method you provide to us during restart (or to a different Payment Method if you change your account information).

Tutor Membership

Membership information

Only tutors 18 years and over may open a Tutor Membership account. You can review the specific details regarding your membership with MathExercise at any time after opening your account. Simply sign in to your MathExercise account, and click on My Account in top navigation.

Student Enrollment

You may enroll all of your students in one Tutor Membership account. You must be the direct tutor of each child whom you enroll into the Tutor Membership account. Students of other tutors or those whom you do not tutor directly shall not be eligible for inclusion in your Tutor Membership account.

Non-transferability

Access to MathExercise Services through Tutor Membership is granted expressly and exclusively to the registered account owner, whose information is provided at the time of account registration. This access to Services is explicitly non-transferable to any other person, business, institution, group, or entity.

Billing

By starting your MathExercise membership, you are expressly agreeing that we are authorized to charge you the membership fee associated with the services you chose during registration. You agree that we are authorized to charge you the membership fee at the then-current rate plus any applicable tax to the Payment Method you provided during registration (or to a different Payment Method if you change your account information). Please note that prices and charges are subject to change with notice. As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The membership fee will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. Sign into your MathExercise tutor account and click My Account to see the date of your subscription renewal. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement day of your paying membership. In the event your monthly membership begins on a day not contained in a given month, we will bill your Payment Method on the last day of such month. For example, if you become a paying member on March 31, your Payment Method would next be billed on April 30. Membership charges are fully earned upon payment.

You acknowledge that the payments are nonrefundable and there are no refunds or credits for partially used periods. We may change the fees and charges in effect, or add new fees and charges from time to time; we will give you advance notice of these changes by e-mail. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information from the My Account page after signing into your MathExercise tutor account. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.

Ongoing Membership

Your MathExercise membership will continue in effect unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each billing period in order to avoid billing of the next membership fee to your Payment Method. We will bill the membership fee at the then-current rate plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Membership fees are fully earned upon payment.

Cancellation

You may cancel your MathExercise membership at any time, and cancellation will be effective immediately. You will continue to have access to our services till the end of the current billing period. We do not provide refunds or credits for any partially used membership periods. To cancel your membership, sign into your PayPal account and cancel the automatic payment to MathExercise.

Restart

If you have cancelled your MathExercise membership, you may restart it at any time. To restart your membership, sign into your MathExercise account, click on My Account in top navigation, go to the Profile tab, and click on the Subscribe button. Complete the PayPal payment information and initiate the automatic payment to MathExercise. You will be billed the membership fee at the then-current rate plus any applicable tax to the Payment Method you provide to us during restart (or to a different Payment Method if you change your account information).

6. MATHEXERCISE PRIVACY POLICY

Registration Data and certain other information about you are subject to our Privacy Policy.

7. MEMBER ACCOUNT, PASSWORD AND SECURITY

You will have a password and account designation upon completing the Services’ registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify MathExercise of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. MathExercise cannot and will not be liable for any loss or damage arising from your failure to comply with Section 6.

8. MEMBER CONDUCT

You understand that you, and not MathExercise, are solely and entirely responsible for all information including but not limited to data, text, messages, names, e-mail addresses, payment methods, and other materials ("Content") that you upload, enter, post, e-mail, transmit or otherwise make available via the Services. MathExercise does not control the Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will MathExercise be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed, transmitted or otherwise made available via the Services.

You understand that the technical processing and transmission of the Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that while you, the account owner, have full access to MathExercise Services, you must abide by rules of membership, non-transferability, and security of your account privileges. MathExercise may monitor, review, and assess student enrollment and teacher/tutor usage statistics associated with your account. MathExercise reserves the right to suspend or cancel your current or future membership in its sole discretion if it suspects misuse of its Services by uncommon, unreasonable, and obviously excessive use disproportionate the number of students and teachers enrolled under your account.

9. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

10. INDEMNITY

You agree to indemnify and hold MathExercise, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Services, your use of the Services, your connection to the Services, your violation of the TOU, or your violation of any rights of another.

11. NO RESALE OF SERVICES

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, use of the Service, or access to the Services.

12. MODIFICATIONS TO SERVICES

MathExercise reserves the right at any time and from time to time to modify or temporarily discontinue the Services (or any part thereof) with or without notice. You agree that MathExercise shall not be liable to you or to any third party for any modification, suspension or temporary discontinuance of the Services. In the event of permanent discontinuance of the Services, liability is limited to the paid subscription price, pro-rated to the amount of time remaining on the subscription.

13. TERMINATION

You agree that MathExercise, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Services, for any reason, including, without limitation, for lack of use or if MathExercise believes that you have violated or acted inconsistently with the letter or spirit of the TOU. MathExercise may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this TOU may be effected without prior notice, and acknowledge and agree that MathExercise may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that MathExercise shall not be liable to you or any third-party for any termination of your access to the Services.

14. LINKS

The Services may provide, or third parties may provide, links to other Internet websites or resources. Because MathExercise has no control over such sites and resources, you acknowledge and agree that MathExercise is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MathExercise shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

15. MATHEXERCISE'S PROPRIETARY RIGHTS

You acknowledge and agree that the Services and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by MathExercise or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part.

MathExercise grants you a personal, non-transferable and non-exclusive right and license to use the Services. You agree that you will not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by MathExercise for use in accessing the Services.

Furthermore, you understand that the Content is protected by copyright and other laws in both the United States and elsewhere. Under the terms of this agreement, it is expressly forbidden to distribute the Content or any portion thereof by any means, including but not limited to electronic and print, to any person or entity that does not have a valid account or is not enrolled within your own account. MathExercise reserves the right to cancel your and/or your organization's license without refund if it is determined that you have violated this portion of the agreement.

16. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MATHEXERCISE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

MATHEXERCISE MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MATHEXERCISE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.

17. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MATHEXERCISE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MATHEXERCISE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.

18. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.

19. TRADEMARK INFORMATION

MathExercise is a registered trademark of MathExercise, Inc.

20. GENERAL INFORMATION

The TOU constitute the entire agreement between you and MathExercise and govern your use of the Services, superseding any prior agreements between you and MathExercise. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOU and the relationship between you and MathExercise shall be governed by the laws of the State of California without regard to conflict of law provisions. The failure of MathExercise to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOU are for convenience only and have no legal or contractual effect.

Version 1.3; Revised 08/05/2014 © 2014 MathExercise. All rights reserved