Mathfundamentals.net LLC Terms and Conditions
In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions and any or all other Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “Mathfundamentals.net.”, “The Company”, “Ourselves”, “We” and “Us”, refers to “Mathfundamentals.net LLC” “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
- License Terms
Subject to these Terms and Conditions, Mathfundamentals.net hereby grants to you a non-exclusive, non-transferable, license to use its website and math modules during the membership period for which you pay. You agree not to disassemble, reverse compile, or reverse engineer, or modify the website or products or services.
- Proprietary Rights
The website and products and services are and will remain the exclusive property of the Company or its licensors, whether used separately or combined with any other products.
You acknowledge that the website, products, and services contain communications information, software, photos, video, graphics, sound, music, and/or other material (“Content”) that are protected by copyright, trademark, trade secret, and other intellectual property law and that the rights in such Content are valid and protected in all forms, media, and technologies that now exist or that may be developed in the future. You may not modify, publish, distribute, transmit, transfer, sell, create derivative works from, or in any way exploit any of the Content that you obtain from the products, in whole or in part. Except as stated immediately above or as permitted by the fair use provision of U.S. copyright law, Reseller may not upload, post, reproduce, or distribute any Reseller protected by copyright or other proprietary rights without the permission of the copyright owner.
Mathfundamentals.net and the Mathfundamentals.net logo are the registered service marks of the Company. The right to access and use the website, products, and services do not include any right to use the service marks of the Company unless authorized in writing by the Company. You shall at no time register any Company trade names or trademarks or any mark or name confusingly similar thereto.
- Your Representations
By using this website and/or our products and/or services, you agree that you have: (a) provided true, accurate, current, and complete information about yourself as prompted by our registration form(s) (the “Registration Data”) and (b) will maintain and promptly update the Registration Data to keep it true, accurate, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or the Company has reasonable grounds to suspect the same, we have the right to suspend or terminate your account and refuse any and all current or future use of the site and/or products and/or services, or any portions thereof.
- Privacy Statement
We are committed to protecting your privacy. Only authorized employees within the company on a need to know basis use any information collected from individual customers. We review our systems and data to ensure the best possible service to our customers. We may investigate any unauthorized actions with regard to our computer systems and data, and may prosecute and/or take civil action to recover damages against those responsible.
Client records are regarded as confidential and therefore will not be divulged to any third party, other than as necessary to complete transactions or if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the condition that we are given reasonable notice of such a request. Where appropriate, we shall issue with Client’s appropriate written information, handouts or copies of records for the benefit of both parties. Clients are requested to retain copies of any literature issued in relation to the provision of our services.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
Exclusions and Limitations
The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:
a) Excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
b) Excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
By starting your membership, you are expressly agreeing that we are authorized to charge you the membership fee associated with the type of membership (monthly, quarterly, semi-annually, or yearly) you chose during registration. Please note that prices and charges are subject to change without notice. A notice that your membership fee needs to be paid will be sent before the expiration of your current membership and each month or year thereafter unless and until you cancel your membership. Membership charges are fully earned upon payment.
Your 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 account. We will bill the membership fee at the then-current rate to the account you provide to us during registration. Membership fees are fully earned upon payment.
Payment must be made via PayPal on or before delivery. All goods remain the property of the Company and no transfer of license passes to you until paid for in full. We reserve the right to seek recovery of any monies charged back against our account with PayPal. In such circumstances, you shall be liable for any and all additional administrative, legal, and/or court costs and fees associated with collection. The parties understand that PayPal is an independent website and the Company waives and disclaims any and all liability as it pertains to your activities, payments or use of the PayPal website.
You acknowledge that the amount billed each billing period may vary for reasons that include differing amounts due to changes in your membership plan. 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, but we will give you advance notice of these changes by e-mail.
- Cancellation Policy
Barring exigent circumstances, all orders are final. You will retain access to the site and modules during the period for which you have paid. The Company reserves the right, at its sole discretion; to change, modify, or cancel an order if you notify us in writing at mathinfo@Mathfundamentals.net.net that a mistake was made or your needs were not fully met. No change, modification, or cancellation pursuant to this provision shall constitute a waiver of any of these Terms and Conditions.
- Termination of Agreements and Refunds Policy
Both you and the Company have the right to terminate for any reason at any time. Upon termination, any monies that have been paid to us which constitute payment in respect to the provision of undelivered products shall be refunded, and any monies owed by you to the Company shall become due and payable in full. For the purposes of this provision, the month or year of access, dependent on which you chose for your account, is considered “delivered” at the time of payment.
Unless otherwise stated, the services and products featured on this website are only available within the United States. All advertising is intended solely for the United States market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, caused by you, including claims by third parties against the Company regarding trademark, copyright, or patent infringements.
- No Duplication or Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the website or products or services, or use or access to the website or products or services.
- Log Files
We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
- Links to this website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
- Links from this website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us. We are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
- Copyright Notice
Copyright and other relevant intellectual property rights exist on all text, images, downloads, and any other media on this website. You may not reproduce copy, distribute, or otherwise use these materials without express written consent of the Company.
This Company’s logo is a registered trademark of this Company in the United States and other countries. The brand names and specific services of this Company featured on this web site are trade marked.
All communication regarding the Company, products, services, customer service, or any other inquiry should be directed to mathinfo@Mathfundamentals.net.
- “As-is” basis, Malware
We provide our website and modules on an “as-is” basis and accept no responsibility for any loss, including the loss of data that is occasioned by their use. Notwithstanding the foregoing, the Company represents that its website and modules are free from malware and/or spyware. You agree not to use your user account or your license to use our website or modules to send or distribute any content of any kind which contains a virus, spyware, malware, or other harmful, disruptive, or destructive component.
- Governing Law. This Agreement may not be modified or terminated orally, and shall be construed and interpreted according to the internal laws of the State of South Carolina, excluding any choice of law rules that may direct the application of the laws of another jurisdiction. The venue for all actions shall be Greenville County, South Carolina. By accessing this website and using our products and/or services, you consent to the exclusive jurisdiction of the South Carolina courts in all disputes arising out of such access.
- Severability. If any of these terms are deemed invalid or unenforceable for any reason, then the invalid and or unenforceable provision will be severed from these terms and the remaining terms will continue to apply.
- Amendment. These Terms and Conditions may be amended, modified, varied, or supplemented by the Company in its sole discretion from time to time. It is the responsibility of you or your agents or assigns to review these Terms and Conditions before use of our website or purchase of any module therefrom. Use or continued use of the site will signify acceptance of any adjustment to these Terms and Conditions. You are advised to re-read this statement and these Terms and Conditions on a regular basis.
- Binding Effect. This Agreement shall be binding upon the Parties, their heirs, successors and permitted assigns. This Agreement may not be assigned by any one of the Parties without written consent of the others. Nothing herein shall be construed as creating any third-party beneficiary to this Agreement.
- Headings. The headings in this Agreement are inserted for convenience only and shall not constitute a part hereof.
- Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, understandings, and agreements concerning the subject matter herein. No modification or waiver hereof shall be binding upon any party unless in writing and signed by or on behalf of the party against which the modification of waiver is asserted.
- Force Majeure. Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
- Waiver. Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
- Construction. The parties acknowledge and agree that each of them have participated in the drafting of this Agreement and that this Agreement has been reviewed by the respective legal counsel for such parties and that the normal rule of construction that any ambiguities are to be resolved against the drafting party shall not be applied to the interpretation of this Agreement. No inference in favor of, or against any party shall be drawn from the fact that one party has drafted any portion of this Agreement.
These terms and conditions form part of the Agreement between the Client and us. Your accessing of this website and use and/or purchase of materials therefrom indicates your understanding, agreement to, and acceptance of the full Terms and Conditions contained herein.