Terms of Service

These Terms of Service govern all use of MathFactLab services and website located at www.mathfactlab.com, including all associated webpages and interactive resources (such as user profiles, blogs, and forum discussions as applicable) (our services and website are referred to together as the “Site”). The Site is created and operated by MathFactLab, LLC doing business as MathFactLab (“MathFactLab,” “we,” “us,” or “our”). Please read these Terms of Service carefully as they contain important information regarding your legal rights and obligations.

By using the Site, you agree to be bound by and comply with the terms and conditions in these Terms of Service. We reserve the right to modify, add to, or delete from these Terms of Service at our sole discretion at any time by posting a revised version of these Terms of Service on this page. Each version of these Terms of Service will indicate at the top of this page the date the Terms of Service were last revised. Your continued use of the Site after any revised version of these Terms of Service is posted constitutes your acceptance of the revised Terms of Service. Because these Terms of Service may change from time to time, it is important that you regularly review these Terms of Service to ensure that you are updated as to any changes. These Terms of Service, including any posted revisions, shall remain in full force and effect while you use the Site.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SITE. If you do not understand these or any future Terms of Service or if you do not or cannot agree to these or any future Terms of Service, do not use (or continue to use) the Site.

When we refer to the "use" of the Site, we mean any actual or attempted access to or use of the Site, including, without limitation, any access to, transmission with, exchange of information with, use of, or communication associated with the Site. As used in these Terms of Service, a “user” is anyone who uses the Site.

The terms and conditions in these Terms of Service, together with any other policies, rules, or provisions that are described, linked, or otherwise referred to and form a part of these Terms of Service, including, without limitation the Privacy Policy, constitute the entire agreement between you and us, superseding any and all prior or inconsistent understandings, representations, or agreements regarding the Site.

If any new aspects or components of the Site become available, they will be considered a part of the Site, and your use of them will be governed by these Terms of Service unless we notify you that different terms and conditions apply. You must comply with any additional terms that apply to third-party content, material, information, software, or other services.

You must provide valid and accurate account information (together, “Account Information”), and you must keep your Account Information up to date, particularly your email and mailing addresses.

You are not permitted to transfer your account to anyone without first getting our written permission.

If you select a username that infringes the rights of a third party (such as when a trademark owner complains), we reserve the right to remove or reclaim it if we believe it appropriate.

Your email, password, and any additional codes or passwords are collectively referred to herein as "IDs.” Your IDs are personal to you. You agree that you will not allow another person to use your IDs to access and use the Site under any circumstances. You agree that you will be solely responsible to us for all activities that occur under your account. If you become aware of any unauthorized use of your IDs, you agree to notify us immediately by contacting us as provided in the Contact Us section below. You are solely responsible for maintaining the strict confidentiality of your IDs and for any charges, damages, liabilities, or losses incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your IDs, your disclosure of your IDs, or your authorization to allow another person(s) to access and use the Site using your IDs. You agree to immediately notify us if you become aware of any unauthorized use of your IDs or other need to deactivate an ID due to security concerns.

We have no liability for, and you bear the sole and exclusive risk associated with, use of or reliance on the accuracy, quality, completeness, reliability, or usefulness of any data, information, or material in connection with any of your IDs.

We do our best to keep the Site a safe and welcoming space, but we cannot guarantee it. We need your help to make this happen. You agree to use the Site solely for lawful purposes, in compliance with all applicable laws. By way of example and not as a limitation, you agree that, when using the Site, you will not:

You agree that, if you collect information from any Site users, you will: obtain their consent, make it clear that you (and not we) are the one collecting their information, and post a privacy policy in compliance with applicable law explaining what information you collect and how you will use it.

We have the right to investigate occurrences that may involve such violations and may involve, provide information to, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

You are solely responsible and liable for any activity, behavior, use, and/or conduct that breaches any terms or conditions of these Terms of Service. You agree we have no responsibility to you or to any third party for any breach of your obligations under these Terms of Service or for the consequences (including any loss or damage that we may suffer) of any such breach.

Persons found in violation of any of these rules or any aspect of these Terms of Service, as decided by us in our sole discretion, may have their access to the Site blocked. Violations of system or network security or these Terms of Service may result in civil or criminal liability.

Integration with Third Party Applications. The Site may contain features designed to interoperate with Third-Party Applications (as defined below). If you wish to use such features, you may be required to obtain access to such Third-Party Applications from their providers. If the provider of any such Third-Party Application ceases to make the Third-Party Application available for interoperation with the Site, we may cease making such Third-Party Applications available on the Site. You acknowledge and agree that we are not the provider of the Third-Party Applications and that we disclaim any and all liability arising out of your use of the Third-Party Applications. For purposes of these Terms of Service, “Third-Party Application” shall mean online applications and offline software products that are provided by entities or individuals other than us, and that interoperate with the Site, including without limitation the hosting services provided by Amazon Web Services or any other company used by us for cloud hosting services for the Site.

Links to Third Party Sites.The Site may provide links to other websites or resources (the “Linked Sites”). The Linked Sites are not under our control, and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, any advertising, products, services, or other materials on or otherwise made available via such Linked Sites. We are not responsible for webcasting or any other form of transmission received from any Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the Linked Site or any association with its operators. You acknowledge and agree that we 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, products, or services made available on or through any Linked Site.

You are permitted to use Content and Trademarks, but only as provided in these Terms of Service. Please keep in mind that you have no rights in or to any Content or Trademarks, and you are not permitted to use any Content or Trademarks, except as specifically permitted under these Terms of Service. This means that you may not do, or allow anyone else to do, anything with Content or Trademarks that is not specifically permitted under these Terms of Service. Any rights not expressly granted in these Terms of Service are reserved.

Content.The information and materials displayed, provided, or otherwise made available through the Site, directly or indirectly, including without limitation any and all data, text, photographs, graphics, images, materials, music, audio and video clips, logos, icons, software, and links (collectively, the “Content”) are intended to educate, inform, and entertain you. The Site is owned and operated by us, and the Content (and any intellectual property and other rights relating thereto) is and will remain our property and the property of our licensors and suppliers, as applicable, except as otherwise provided in these Terms of Service. You acknowledge that you do not acquire any ownership rights by using the Site or the Content.

The Content and the selection, compilation, collection, arrangement, and assembly of any Content are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. You are permitted to use Content solely to the extent necessary for your authorized use of the Site, as provided in these Terms of Service, or as expressly authorized in writing by us. Unless otherwise specifically set forth in these Terms of Service or we give you written permission, you are permitted to use, access, download, and/or copy the Content (and print a single copy) only for your personal and non-commercial use, and you will not alter, erase, or otherwise obscure our copyright, trademark, proprietary, or other notices on the Content. Modification of the Content or use of the Content for any purpose other than as permitted in these Terms of Service is a violation of our copyright and other proprietary rights, and is strictly prohibited.

You acknowledge and agree that the Content: is made available for your personal informational, educational, and entertainment purposes only without representation or warranty of any kind; is not a substitute for legal advice or your judgment; and should not be construed as an endorsement by or representation of our opinions. Your reliance upon any Content obtained by you on or through the Site is solely at your own risk. You agree to comply with all notices and requirements accompanying third-party material. We may change the Site or delete Content or features at any time, in any way, for any or no reason, at our sole discretion.

Feedback.You acknowledge and agree that if you submit any comments, feedback, ideas, or related materials to us about the Site, including possible developments (together, “Feedback”), we make no assurances or warranties that such Feedback will be treated as confidential or proprietary. By submitting Feedback, you are waiving any and all rights that you may have in and to the Feedback, and you are representing and warranting to us that the Feedback is wholly original with you, that to the best of your knowledge no one else has any rights in the Feedback, and that we are free to implement the Feedback if we so desire, as provided or as modified by us, without obtaining permission or license from any third party.

Unsolicited Ideas Submission.Note that we do not accept or consider unsolicited submissions concerning our business or operations, including, but not limited to, original ideas for new advertising campaigns, promotions, products, services, technologies, processes, materials, marketing plans, or new product/service names. Please do not send us such submissions. The purpose of this policy is to avoid potential misunderstandings or disputes when our services, products, or marketing strategies appear similar to ideas submitted to us. All such submissions to us are considered our property. We do not have an obligation to protect the confidentiality of any such submission. We will exclusively own all known or later-existing rights to such submission worldwide, and we will be entitled to the unrestricted use of any such submission for any purpose, without compensation to you or any third-party provider of such submission.

We reserve the right to block, restrict, disable, suspend, or terminate your access to all or part of the Site at any time in our sole discretion, without cause, without prior notice, and without liability to you or to any third party.

These Terms of Service are effective unless and until terminated by either you or us. We may terminate these Terms of Service, including restricting, suspending, or terminating your access to and use of the Site, immediately and without notice or liability, with or without cause, in our sole discretion, and it will not limit any other rights or remedies that are available to us. You may terminate these Terms of Service at any time by ceasing to use or access the Site. Termination, including cessation of your use of and access to the Site, is your sole right and exclusive remedy if you are not satisfied with the Site. Upon the effective date of any such termination, your right to access and use the Site shall immediately cease. You acknowledge and agree that upon termination, you may be prevented from accessing the Site, your account details, or any files or other content contained in your account.

You acknowledge that we may establish day-to-day operational practices that supplement these Terms of Service, and we may implement and change these operational practices from time to time, with or without notice. Such practices may include, for example, periodic deletion of information posted or logging off users who are inactive for an extended period of time during a login session. If there are any conflicts between these operational practices and any terms in these Terms of Service, these Terms of Service will apply.

We make no representation that your use of the Site will comply with applicable laws. We do not control the information and/or data posted by any users of the Site, and we do not vouch for the accuracy, integrity, or quality of any such information and/or data. We do not endorse any opinions expressed by any users of the Site. We do not guarantee that any third-party content has been posted with the permission of the copyright or proprietary owner or is otherwise in compliance with these Terms of Service. You understand and agree that you must evaluate, and that you bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge and agree that we have no responsibility for the storage or deletion, or the failure to store or delete, of any information or data.

You agree that under no circumstance will we, our directors, officers, shareholders, employees, consultants, agents, representatives, advisers, affiliates, subsidiaries or our third-party partners be liable in any way in connection with: (a) any information or data posted by any users of the Site, including without limitation errors or omissions in such information or data; (b) any loss or damage of any kind incurred as a result of the use by you or a third party of any such information or data; or (c) any failure to correct or remove any information or data.

Disclaimer of Warranty. WE TRY TO KEEP THE SITE UP, BUG-FREE, AND SAFE, BUT YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED "AS IS" AND AS AVAILABLE AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT, OR ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF ANY THIRD PARTIES. NONE OF US, OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONSULTANTS, AGENTS, REPRESENTATIVES, ADVISERS, AFFILIATES, SUBSIDIARIES, OR THIRD-PARTY PARTNERS IS OR WILL BE LIABLE TO YOU FOR ANY HARM ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF OR OUT OF YOUR INABILITY TO ACCESS OR USE THE SITE. WE, OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONSULTANTS, AGENTS, REPRESENTATIVES, ADVISERS, AFFILIATES, SUBSIDIARIES, AND THIRD-PARTY PARTNERS MAKE NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS, OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE SITE ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE, OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONSULTANTS, AGENTS, REPRESENTATIVES, ADVISERS, AFFILIATES, SUBSIDIARIES, AND THIRD-PARTY PARTNERS ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL MEET YOUR REQUIREMENTS AND/OR THAT YOUR ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONSULTANTS, AGENTS, REPRESENTATIVES, ADVISERS, AFFILIATES, SUBSIDIARIES, AND THIRD-PARTY PARTNERS BE LIABLE TO YOU FOR ANY DIRECT, LOST PROFITS, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH THE USE OF THE SITE, THE DELAY OR INABILITY TO USE THE SITE, THE PROVISION OF OR FAILURE TO PROVIDE SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, CONTENT, OR RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE, OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONSULTANTS, AGENTS, REPRESENTATIVES, ADVISERS, AFFILIATES, SUBSIDIARIES, OR THIRD-PARTY PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN THE EVENT YOU HAVE ANY DISPUTE WITH ONE OR MORE THIRD PARTIES AS A RESULT OF YOUR USE OF THE CONTENT OR THE SITE, OR ARE IN ANY WAY DAMAGED AS A RESULT OF ANY THIRD PARTY IN CONNECTION THEREWITH, YOU HEREBY RELEASE AND COVENANT NOT TO SUE OR OTHERWISE MAKE A CLAIM, DEMAND, OR FILE ANY LEGAL ACTION OR INSTITUTE ANY LEGAL OR REGULATORY PROCEEDINGS AGAINST US, OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONSULTANTS, AGENTS, REPRESENTATIVES, ADVISERS, AFFILIATES, SUBSIDIARIES, AND OUR THIRD-PARTY PARTNERS FOR ANY CLAIMS, ACTIONS, DEMANDS, OR DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL), OF WHATEVER KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHETHER FORESEEABLE OR NOT, DISCLOSED OR UNDISCLOSED. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” YOU ACKNOWLEDGE AND AGREE THAT WE WOULD NOT HAVE PROVIDED THE SITE BUT FOR THESE DISCLAIMERS OF LIABILITY, AND YOU AGREE THAT THE TERMS ARE REASONABLE.

You agree to indemnify, defend, and hold harmless us, our directors, officers, shareholders, employees, consultants, agents, representatives, advisers, affiliates, subsidiaries, and our third-party partners from and against any loss, liability, claim, demand, damages, costs, and expenses (including attorneys' fees and all related costs and expenses of litigation, or at trial or on appeal, if any, whether or not litigation is instituted), arising in any manner out of, related to, or in connection with: (i) your use of or access to the Site; (ii) the use of the Site by any other person using your IDs; (iii) your violation of any provision of these Terms of Service; (iv) your violation of any third-party right, including without limitation any copyright, property right, or privacy right; and/or (v) any claim that your content caused damage to any third party. We may, if necessary, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement that may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any such claim or action. This defense and indemnification obligation will survive termination of these Terms of Service and your use of the Site.

Intended for use by U.S. residents only. The Site is owned, controlled, and operated by MathFactLab, LLC, a Vermont limited liability company doing business as MathFactLab, in the United States of America, and is not intended to subject MathFactLab to the laws or jurisdiction of any country or territory other than the United States of America. The Site, including any information provided on the Site or posted on or through the Site, is designed to comply with the laws of the United States, and it is intended for access and use only by U.S. residents. Access to and use of the Site may not be legal by certain persons or in certain countries. If you use or access the Site, including any information provided through the Site, outside of the United States, you do so on your own initiative, and you are solely responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Service. The Site may contain links to other websites, some of which may be outside the United States. Those other websites may have information that is appropriate only to the particular originating country or region where such other website is based. You should not construe anything on the Site as a promotion of or solicitation for any product or service or for the use of any product or service that is not authorized by the laws and regulations of the United States. MathFactLab makes no representation that materials on the Site are appropriate or available for use in other locations.

Special Provisions Relating to Users Outside of the United States. The following provisions apply to users outside the United States:

Content, Account Information, and General Matters. To provide Feedback, obtain information about your account, or obtain other information about the Site:

Legal matters. For any legal matters, including questions or comments about these Terms of Service, notices of violations of these Terms of Service, or claims of copyright infringement: