TERMS OF SERVICE



TERMS OF SERVICE

 

Math Crush provides this service to you, subject to the following Terms of Service,
which may be updated at any time. Your use of the website and its materials constitutes your agreement to all such terms,
conditions, policies and notices.



Description of Service



Math Crush provides users with access to a new and innovative way of teaching math through its MathCrush.com website
(the “Service”). Unless clearly stated otherwise, any new features that increase or enhance the current Service,
including the release of new material shall be subject to these Terms of Service. You understand and agree that the
Service is provided in its present condition. Math Crush assumes no responsibility for the deletion, protection, or
storage of any user communications or personalized settings.



You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet
service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible
for all equipment necessary to access the Service.



Subscription and License Usage



A Subscription allows one person access to all materials on the Mathcrush.com website for their personal needs or the
students enrolled in their classroom. The materials may only be used for instruction during the term of the license.
The user will receive one unique username and password, which he or she is obligated to use only for their personal
or classroom needs. If a subscriber is found to be sharing a password with others who have not subscribed or producing
materials for non-subscribers, the user’s subscription will be immediately canceled without refund.



Groups, schools, and school districts wishing to join Mathcrush.com must purchase user names and passwords for every
teacher planning to use Mathcrush.com material. Each person under the agreement must follow the same terms of service
as an individual user. If any related subscriber is found to be sharing a password with others who have not subscribed
or producing materials for non-subscribers, all subscriptions will become void and be immediately canceled without refund.



Modifications to Service



Math Crush reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof)
with or without notice. You agree that Math Crush shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.



Math Crush may change, add or remove any part of this Agreement, or any other terms associated with the use of the site, at
any time, by posting a notice of such changes to the Terms of Service page of the website Any changes shall become part of
the Agreement and shall apply as soon as such a notice is posted. By continuing to use Mathcrush.com after the notice is
posted, you are indicating your acceptance of those changes.



Links



Math Crush may provide, or third parties may provide, links to other web sites or resources. Because Math Crush has no
control over such sites and resources, you acknowledge and agree that Math Crush 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, accuracy,
quality, advertising, products, or other materials on or available from such sites or resources. You further acknowledge
and agree that Math Crush 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.



Disclaimer of warranties



YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON
AN “AS IS” AND “AS AVAILABLE” BASIS. Math Crush EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.



b. Math Crush MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE
WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (vi) OR THAT THIS WEBSITE, ITS CONTENT, AND
THE SERVERS ON WHICH THE WEBSITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.



c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE 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.



d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Math Crush OR THROUGH OR FROM THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.



e. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY
Math Crush AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.

 

Limitation of Liability



YOU EXPRESSLY UNDERSTAND AND AGREE THAT Math Crush 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 Math Crush HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE; (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 SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.



Trademark Information



All materials on Mathcrush.com, including without limitation, names, logos, trademarks, service marks, images, graphics,
photographs, illustrations, artwork, and other elements making up the Service are protected by copyrights and other
intellectual property rights owned and controlled by Math Crush. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, no Online
Materials may be republished, posted, transmitted, or distributed in any way, or otherwise used for any purpose, without
the prior written permission of Math Crush. You may not add, delete, distort, or otherwise modify the content
on this site. Any unauthorized attempt to modify any Online Material, to defeat security features, or to utilize this site
for other than its intended purposes is prohibited.



Mathcrush.com logos and product and service names are trademarks of Math Crush. All other trademarks appearing on the
website are trademarks of their respective owners and our reference to them does not imply or indicate any approval or
endorsement by their owners unless such approval or endorsement is expressly made. Math Crush will enforce its intellectual
property rights to the fullest extent of the law.



Non-Waiver



The failure of Math Crush to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver
of such right or provision. If any provision of the Terms of Service 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 Terms of Service 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 Service or the Terms of
Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.



If you suspect that the content or trademarks of Mathcrush.com are being misused please contact us
as soon as possible.



Headings for Convenience Only



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



Violations



Please contact us if you have any knowledge of violations of the Terms of Service.



Indemnification



You agree to indemnify, defend and hold Math Crush harmless from any claims and expenses, including reasonable attorneys’
fees, arising from or related to any breach by you of any terms of this Agreement.



Letter, Reviews, and other such Comments or Materials



Any comments, materials, or letters sent by you to Mathcrush.com, including without limitation, questions, comments,
suggestions, criticisms or the like shall be deemed to be non-confidential and free of any claims of proprietary or
personal rights unless you explicitly state in the correspondence that the letter is “not for publication” and contains
“private and proprietary” information that may not be distributed. Math Crush shall have no obligation of any kind with
respect to such Received Materials and Math Crush will be free to reproduce, use, disclose, exhibit, display, transform,
edit, abridge, create derivative works from and/or distribute the Received Materials without limitation or restriction.
Furthermore, Math Crush is free to use any ideas, concepts, know-how, or techniques contained in any communication you
send to Math Crush for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing
products using such information, without compensation or any other obligations to anyone, including you.



Privacy



You can read Math Crush’s privacy statement
here.



Financial Information



We use 2CO for collection, if you are having trouble paying please contact 2CHECKOUT

Website

Phone:   Toll Free 1.877.294.0273,    International 1.614.921.2450

Monday – Friday, 8:00 AM – 6:00 PM EST and Saturday & Sunday, 8:00 AM – 4:00 PM EST

2Checkout.com, Inc.

855 Grandview Avenue

Suite 110

Columbus, OH 43215

United States



Additional Financial Information



Math Crush

PO Box 2806

Palos Verdes Peninsula

California, USA 90275

310.297.0738



Since we are an online service company that travels the world teaching others that math can be fun and entertaining this additional financial information is only
for financial purposes and is not meant to be used as contact information. If you need to contact a Math Crush Team Member, please use the
contact form, and we will respond within 24 hours.




Restrictions On Use



You may not use Math Crush or its content for any illegal purpose or in any manner inconsistent with these Terms and
Conditions. You agree to use Math Crush solely for your own noncommercial use and benefit and not for resale or other
transfer or disposition to any other person or entity.



Severability



If any provision of this Agreement is found invalid or unenforceable, the provision will be enforced to the maximum
extent permissible and the other provisions of this Agreement will remain in force.



Entire Agreement



This Agreement and any other terms and conditions of service on MathCrush.com constitute the entire agreement
between you and Math Crush and govern your use of the Service.



Refusal or Discontinuance of Service



Math Crush reserves the right to refuse or discontinue service to any user for non-compliance with these Terms and Conditions.