ALGEBRA AND MORE SERVICE AGREEMENT
Terms and Conditions
Agreement between User and Algebra and More
The Algebraandmore.com (the “Site”) website is comprised of various web pages operated by Algebra and More. The Algebraandmore.com website is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the Algebraandmore.com website constitutes your agreement to all such terms, conditions and notices.
Thank you for choosing Algebra And More.
Please read this agreement carefully. It's a contract that governs your use of any Algebra and More Site. Additionally, it governs your use of any Service, audio, audiovisual videos, training classes or personal tutoring, or other Algebra and More Service that directly display or link to this agreement (the "Service"). By using or accessing the Site and/or Service, you confirm that you agree to these terms. You may not utilize the Site or Service if you do not accept all of these terms and conditions.
By using Algebra and More’s Site and/or Service, you agree that you have read, understand and agree to these terms. You also agree to review this agreement periodically to be aware of modifications to the agreement, which modifications Algebra and More may make at any time. Your continued use of this Site will be deemed your conclusive acceptance of any modified agreement.
1. WHAT THE CONTRACT COVERS
This is a contract between you and Algebra and More as listed in Section 13 ("Algebra And More," "we," "us," or "our") for use of the Site and/or Service that Algebra and More supplies. Please note that we provide no warranties for the Site and/or Service. This contract also limits our liability to you. See Sections 9 and 10 for details.
2. USING THE SERVICE
When using the Service as the User (person who uses the Site and/or Services), you must comply with this contract, all applicable laws and the Algebra and More Anti-Spam Policy and Code of Conduct below. You must not use the Service to harm others or the Service. For example, you must not use the Service to harm, threaten, or harass another person, organization, or Algebra and More You must not: damage, disable, overburden, or impair the Site and/or Service (or any network connected to the Site and/or Service); resell or redistribute the Site and/or Service or any part of it; use any unauthorized means to modify, reroute, or gain access to the Site and/or Service or attempt to carry out these activities; or use any automated process or service (such as a bot, a spider, periodic caching of information stored by Algebra and More, or metasearching) to access or use the Site and/or Service. You may be able to access third-party websites or services via the Site; you acknowledge that we are not responsible for such websites or services or content that may be available there. This includes any liability for credit card information that may be stolen or misused to pay for the Service via any third-party website. User expressly agrees to refrain from doing, either personally or through an agent, any of the following “Prohibited Conduct”: Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that in any way affects the use, enjoyment or Service, or adversely affects the Site, computers, servers or databases. Capture, download, save, upload, print or otherwise retain information and content available on the Site other than what is expressly allowed by these Terms. Permit or provide others access to Algebraandmore.com using your user name and password or otherwise, or the name and password of another authorized User or otherwise. Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on Algebraandmore.com. Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on Algebraandmore.com. Transfer the Site content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to the Site content; or “deep link” to the Site content. Violate or attempt to violate Algebraandmore.com’s security mechanisms, access any data or server. You are not authorized to access or otherwise breach the security of the Site or corrupt the Site in any way. Engage in any other conduct which violates the Copyright Act or other laws of the United States. Use any device (such as a “web crawler” or other automatic retrieval mechanism) or other means to harvest information about other Users or the Site. Use the Site to violate a third party’s intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party’s intellectual property rights. Misrepresent your identity or personal information when accessing the Site; forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by Algebraandmore.com. Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the Site; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability. Advertise or otherwise solicit funds, goods or services on the Site. Online class sessions require that there be no interruptions to class sessions with use of any language as described in the paragraph above. Class participants are required to speak, write or chat during classrooms for the purpose of facilitating discussions regarding the specific subject. Only matters related to the specific subject or related subjects should be addressed during online class sessions. Provide any commercial hosting service with access to the Site and/or the content on the Site. To ensure that Users of the Site do not engage in Prohibited Conduct, Algebra and More reserves the right to monitor use of the Site and reserves the right to revoke or deny access to the Site to any person or entity whose use of the Site suggests Prohibited Conduct. Access of the materials available at the Site beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of the Site and will result in revocation or denial of Access to the Site. The terms “normal patterns” and “abuse” shall be determined solely by Algebra and More.
3. USER ID
We may provide you with credentials on our Site to use with the Service. You're solely responsible for your dealings with third parties who use the Site or provide for the Site, including the delivery of Service and/or payment for Service. This contract applies whenever you use Algebraandmore.com. When you use Algebraandmore.com to gain access to any website, the terms and conditions for that website, if different from this contract, may also apply to your use of that website. For the purposes of this agreement, “you” means a parent who pays for access to the Service as well as the User who accesses, uses or pays for the Service. If you are a parent, guardian, or other person who enables a minor to access the Service, it is agreed upon for the applicable person enabling the minor to access Service to stand in the shoes of such minor for the purposes of making Algebra and More whole in case of damages or indemnification that could properly lie against a minor, if not for his or her age. If someone else is paying for (or authorizing) the use of the Service, it is agreed upon to print this document and hand it to them.
4. YOUR SERVICE ACCOUNT, ASSOCIATED ACCOUNTS, AND ACCOUNTS FROM THIRD PARTIES
Only you may use your Service Account (“account used to access Service on the Site”.) You must keep your accounts and passwords confidential and not authorize any third party to access or use the Service on your behalf, unless we provide an approved mechanism for that. You must contact us right away if you suspect misuse of your Service Account or any security breach in the Service. For some parts of the Service, you may be able to set up additional accounts ("Associated Accounts") that are dependent on your Service Account. You're responsible for all activity that takes place with your Service and any Associated Accounts. If you use an Associated Account, you acknowledge that the holder of the Service Account has full control over your Associated Account. If a third party such as an Internet Service provider, employer, or school gave you your account, that party has rights to your account and may: manage your account, reset your password, or suspend or cancel your account; view your account's usage and profile data, including how and when your account is used; and read or store content in your account, including electronic communications, contact lists, and other information. If the Service Account is used by a third party such as an Internet Service provider, employer, or school and there are also Associated Accounts, and you use Safety software to monitor Associated Accounts on your computer, you represent and warrant that you are authorized to accept this contract on behalf of the individuals using those Associated Accounts.
5. YOUR CONTENT AND LICENSE
Except for material that we license to you, we don't claim ownership of the content you provide on the Site and/or Service as applicable and if this is available. Your content remains your content. You're responsible for backing up the data that you store on the Site and/or Service. If your Service is suspended or canceled, we may permanently delete your data from our servers. We have no obligation to return data to you after the Service is suspended or canceled. If data is stored with an expiration date, we may also delete the data as of that date. Data that is deleted may be irretrievable. Algebra and More hereby grants the User a limited, non-exclusive, non-sublicensable and non-transferable license to access the content and information available on the Site according to the provisions contained herein, and subject to the payment of the applicable subscription fees and adherence to these Terms. Whether the User receives a license to the Premium Content (“Service requiring a fee”) or Standard Content (“Service not requiring a fee”) depends on the payment of fees and/or use of the Site by the User.
6. PRIVACY
In order to operate and provide the Service, we collect certain information about you. As part of the Service, we do not share personal information gathered including but not limited to names, email addresses, or other information gathered to access the Site or create a Service Account. We use and protect that information in accordance with applicable law. In particular, we may access or disclose information about you, including the content of your communications, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of Algebra and More or our customers, including the enforcement of our agreements or policies governing your use of the Service; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Algebra and More employees, customers, or the public. We may ask you to provide personal information, such as your e-mail address, name, home or work address, or telephone number. We may also collect demographic information, such as your zip code, age, gender, preferences, interests and favorites. If you choose to make a purchase or sign up for a Service Account, we will ask for additional information, such as your credit card number and billing address, which is used to create an account to pay for Premium Content on the Site. The payment for Premium Content is paid via a third party website such as Paypal™ or merchant account. We may use third-party advertising companies to serve ads on our behalf. These companies may employ cookies and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness. Any information that these third parties collect via cookies and action tags is completely anonymous. Sometimes we send offers to you (Promotional Offers). Notwithstanding Promotional Offers, other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information as applicable by law.
7. SOFTWARE
If you receive software from us as part of the Service, its use is governed in one of two ways: If you're presented with license terms that you must accept in order to use the software, those terms apply; if no license is presented to you, the terms of this contract apply. We reserve all other rights to the software. Any software we provide is licensed, not sold. Unless we notify you otherwise, the software license ends when your Service ends. You must then uninstall the software, or we may disable it. You must not work around any technical limitations in the software. You must not disassemble, decompile, or reverse engineer any software that's included in the Service, except and only to the extent that the applicable copyright law expressly permits doing so. The software is subject to applicable U.S. export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users, and end use. Without limitation, you may not transfer the software or Service without U.S. government permission to anyone on U.S. government exclusion lists (see the Commerce Department's Lists to Check); the governments of Iran, Sudan, or Cuba; or prohibited members of the Cuban Communist Party. You represent and warrant that you're not on any of those lists or under the control of or an agent for anyone on those lists or the entities listed above.
8. HOW WE MAY CHANGE THE CONTRACT
If we amend this contract, we are not required to notify you prior to changes taking effect. You agree to review this agreement periodically to be aware of modifications to the agreement, which modifications Algebra and More may make at any time. Your continued use of this Site and/or Service will be deemed your conclusive acceptance of any modified agreement. The effective date below indicates the original date of this agreement. The last modified date indicates the latest modification. If you don't agree to the change, we're not obligated to keep providing the Service, and you must cancel and stop using the Service before the change becomes effective. Otherwise, the new terms will apply to you.
9. NO WARRANTY
We provide the Site and/or Service "as is," "with all faults," and "as available." We don't guarantee the accuracy or timeliness of information available from the Site and/or Service. You acknowledge that computer and telecommunications systems are not fault-free and occasional periods of downtime occur. We do not guarantee the Site and/or Service will be uninterrupted, timely, secure, or error-free, or that data loss will not occur. We and our affiliates, resellers, distributors, and vendors give no express warranties, guarantees, or conditions. We exclude any implied warranties, including for merchantability, satisfactory quality, fitness for a particular purpose, workmanlike effort, and non-infringement. You may have certain rights under your local law. Nothing in this contract is intended to affect those rights, if they are applicable. Additionally, we provide no guarantee that grades or skills will increase by utilizing the Site and/or Service. You agree to indemnify and hold Algebra and More harmless for any damages the User may suffer as a result of not increasing grades or skills by utilizing the Site and/or Service.
10. LIABILITY LIMITATION
You can recover from Algebra and More and our affiliates, resellers, distributors, and vendors only direct damages up to an amount equal to your cost for Service for ninety days. However, this does not include online classes. The website refund policy for online classes applies as the liability limitation for online classes. Notwithstanding the refund policy, all other terms and conditions apply as applicable for online classes. In the event of any discrepancy between the refund policy and these terms and conditions the refund policy shall govern. You cannot recover any other damages, including consequential, lost profits, special, indirect, incidental, or punitive damages. The limitations and exclusions apply to anything related to this contract, for example: • The Site and/or Service. • Loss of data. • Content (including code) on third-party websites, third-party programs, or third-party conduct accessed via the Service. • Viruses or other disabling features that affect your access to or use of the Site and/or Service. • Incompatibility between the Site and/or Service and other sites or services, software, and hardware. • Delays or failures you may have in starting or completing transmissions or transactions in connection with the Site and/or Service in an accurate or timely manner. • Claims for breach of contract; breach of warranty, guarantee or condition; strict liability; tort (including negligence or breach of statutory duty); or misrepresentation. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses, or fails its essential purpose, or if we knew or should have known about the possibility of the damages. Some or all of these limitations or exclusions may not apply to you if your state, province, or country does not allow the exclusion or limitation of incidental, consequential, or other damages.
11. CHANGES TO THE SERVICE AND CANCELLATION
Algebra and More may cancel or change Service, at its discretion. Algebra and More may cancel this Agreement at anytime without notice.
12. GENERAL LEGAL TERMS
12.1 Interpreting the Contract
All parts of this contract apply to the maximum extent permitted by relevant law. If a court holds that we cannot enforce a part of this contract as written, you and we will replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of this contract won't change. This is the entire contract between you and us regarding the Site and/or Service. It supersedes any prior contract or oral or written statements regarding your use of the Site and/or Service.
12.2 Assignment and Transfer
We may assign, transfer, or otherwise dispose our rights and obligations under this contract, in whole or in part, at any time without notice. You may not assign this contract or transfer any rights to use the Service.
12.3 No Third-Party Beneficiaries
This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors.
12.4 Claims
Claims must be filed within (90) ninety days. You must bring any claim related to this contract or the Service within (90) ninety days of the date you could first bring the claim, unless your local law requires a longer time to file claims. If it isn't filed in time, the claim is permanently barred. All claims must be sent via mail to the business address as listed on the Site.
12.5 Notices
You may notify us as stated in customer support for the Service. This contract is in electronic form. We may send you, in electronic form, information about the Service, additional information, and information the law requires us to provide. We may provide required information to you by email at the address you specified when you signed up for the Service or by access to the Algebra and More website that we identify. Notices emailed to you will be deemed given and received when the email is sent. If you don't consent to receive notices electronically, you must stop using the Site and/or Service.
13. CONTRACTING PARTY, CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
If you live in or your business is headquartered in North or South America, you're contracting with Algebra and More in the State of Maryland, USA and Maryland State law governs the interpretation of this contract and applies to claims for breach of it, regardless of conflict of law principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of your state of residence in the United States, or, if you live outside the United States, the laws of the country to which we direct your Service. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Prince George’s County, Maryland, USA, for all disputes arising out of or relating to this contract.
14. PAYMENT
14.1 Cooling Off Period
When you request a Service from us, you agree that we may begin to provide the Service immediately and that you will not be entitled to a cancellation or "cooling off" period, except if the law requires a cooling off period despite your waiver and even when a Service starts right away. You may cancel the Service as provided in Section 14.6.
14.2 Charges
When you are paying for a Service, this Section 14 applies if you pay us directly or through Paypal ™ or merchant account. Even if the Service itself is free, you may still incur charges incidental to using the Service, for example, charges for Internet access, text messaging, or other data transmission. The payment for Premium Content is paid via a third party website such as Paypal™ or merchant account.
14.3 Payment for Service
You must be authorized to use the payment method that you enter when you create a Billing Account (“account used to pay for Service”) by selecting the payment, pay here, or other similarly named button/link on the Site. The Billing Account may be on this Site or a third party site. Regardless of which site the Billing Account is created on, you authorize us to charge you for the Service using your payment method and for any paid feature of the Service that you choose to sign up for or use while this contract is in force. We may bill: (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for Premium Content. Also, we may charge you up to the amount you've approved, and we'll notify you in advance of the difference for recurring charges for Premium Content. We may bill you simultaneously for more than one of your prior billing periods. Once we have informed you that the Service will be provided indefinitely or automatically renewed, we may automatically renew your Service and charge you for any renewal term.
14.4 Updates to Your Billing Account
You must keep all information in your Billing Account current. You can access and modify your Billing Account on the Site or third party payment site as applicable. You may change your payment method at any time. If you tell us to stop using your payment method and we no longer receive payment from you for the paid Service, we may cancel that Service. Your notice to us will not affect charges we submit to your Billing Account before we reasonably could act on your request.
14.5 Refund Policies
Unless otherwise provided by law or by a particular Service offer, all charges are earned when received and are nonrefundable.
14.6 Canceling The Service
You may cancel the Service at any time, with or without cause. Go to the Site for information on canceling your Service. Some Service offers may require you to pay cancellation charges as stated in the materials describing the offer. Your cancellation of the Service won't alter your obligation to pay all charges made to your Service Account.
14.7 Internet Access Service
If the Service doesn't include Internet access, you're responsible for paying the fees charged by your Internet access provider. Those fees are in addition to the fees you pay us for the Service. The rest of this section applies only if your Service includes Internet access. This Service may not be available in your country or region. If you use a dial-up modem, you may incur toll, roaming, or other access charges, depending on the number you're calling and where you're calling from. You should check with your local telephone company first to determine if the number you plan to use will incur such charges. We will not reimburse you for such charges.
15. ALGEBRA AND MORE AUDIO AND VIDEO
The audio/videos and embeddable audio/video player(s) available on Site are for your noncommercial, personal use only and, unless otherwise indicated, may not be downloaded, copied, or redistributed without authorization from Algebra and More.
16. COPYRIGHT AND TRADEMARK
It is acknowledged by you that the technology underlying the Service, and all other designs materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, and other data or copyrightable materials, including the selection and arrangements thereof, provided or made available to you in connection with the Site, the Service (collectively, the "Company Content") are the proprietary works of us and/or our affiliated and/or third party providers and suppliers and are protected, without limitation, pursuant to U.S. and foreign copyright laws. Unless expressly authorized by us or in these Terms, it is not permitted to copy, reproduce, publish, perform, distribute, disseminate, broadcast, circulate, modify, create derivative works of, rent, lease, sell, assign, sublicense, otherwise transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit the site, Company Content , in whole or in part. The trademarks, Service marks, and logos (the "Trademarks") used and displayed on the site or in any Company Content are registered and unregistered Trademarks of us and others and are protected, without limitation, pursuant to U.S. and foreign trademark laws. Nothing on the Site, the Service or otherwise should be construed as granting, by implication, or otherwise, any license or right to use any Trademark displayed on the Site or in connection with the Service, Company Content or applicable software, without the written permission of the applicable Trademark owner. We aggressively enforce our intellectual property rights to the fullest extent of the law. It is not permitted to use the Trademarks, either ours or others, in any way without the prior written permission of the applicable Trademark owner. We prohibit use of our logo as a "hot" link to any other World Wide Web site unless approved by us in advance in writing.
17. SEVERABILITY
If any provision or term of these Terms and Conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
18. WAIVER
Failure or delay by either party enforcing an obligation or exercising a right under these Terms and Conditions does not constitute a waiver of that obligation or right.
EFFECTIVE DATE: SEPTEMBER 15, 2011
LAST MODIFIED: SEPTEMBER 15, 2011
ALGEBRA AND MORE
