Math on the Level Terms of Services Agreement
Last revision: [May 30, 2020]
PLEASE READ THIS TERMS OF SERVICE CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS BEING SOLD ON THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the "Agreement") governs the use of this website, https://www.mathonthelevel.com (the "Website"), Math on the Level's offer of products for purchase on this Website, or any interaction with Forums or Blogs on this Website. Your interaction with this Website, as an individual or as an entity (including any representatives, agents, contractors, affiliates or employees), indicates consent to be bound by this Agreement. This Agreement includes, and incorporates by reference, the policies and guidelines referenced below. Math on the Level reserves the right to change or revise the terms and conditions of this Agreement at any time by posting on this Website any changes or a revised Agreement. Math on the Level will alert you that changes have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effectve immediately after it is posted on this Website. Your use the Website following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Math on the Level encourages you to review this Agreement whenever you visit the Website to make sure you understand the terms and conditions governing the user of this Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Math on the Level for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.
I. Products and Communications
Terms of Offer
This Website offers for sale certain products (the "Products"). By placing an order for Products through the Website, you agree to the terms set forth in this Agreement.
Customer Solicitation and Support: Unless you notify Math on the Level representatives when they contact you of your desire to opt out from further direct company communications and solicitations, you are agreeing to receive further emails and call support and/or solicitations from Math on the Level.
OPT OUT Procedure
We provide three easy ways to opt-out of future solicitations.
- You may use the Opt-Out link found in any email solicitation that you may receive.
- You may send a written remove request to:
Math on the Level
PO Box 235
Clear Brook, VA 22624
Math on the Level has proprietary rights and trade secrets in the Products. Unless otherwise noted, all Products and website content are copyright Math on the Level.
You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by Math on the Level. Exception: printed books purchased from Math on the Level can be given to others or else sold as used when you are finished using them.
Math on the Level also has rights to all trademarks and specific layouts of this website, including calls to action, text placement, images, and other information.
Sales or Use Tax
If you purchased any Products from Math on the Level and live in Virginia, USA, sales tax will be collected with your purchase. If you purchase Products that are shipped outside of Virginia, USA, then you are responsible for paying any applicable sales, use, or other taxes that are not automatically collected at check-out.
Content: Intellectual Property. You will not use the Website for any illegal purpose. You will not lease, sell, copy, sublicense, transfer or assign any information, intellectual property, electronic goods, images, or services provided on or through this website.
Third Party Links
Any links to third-party websites on this Website are provided solely as a convenience to you. Math on the Level does not endorse the contents on any such third-part websites. Math on the Level is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you use a link to visit a third-party website, you do so at your own risk.
Use of Website
Math on the Level is not responsible for any damages resulting from use of this Website by anyone. By using this Website, you agree that you will not use the Website for illegal purposes.
- Abide by all applicable local, state, national, or international laws and regulations in your use of the Website (including laws regarding intellectual property),
- Not interfere with or disrupt the use and enjoyment of the Website by other users,
- Not resell material that is located on or is downloadable from the Website,
- Not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail, or any other type of unsolicited communication,
- Not defame, harass, abuse, or disrupt other users of this Website,
- Not alter, modify, adapt, reverse engineer, or hack the intellectual property of Math on the Level or the Website,
- Not attempt to gain unauthorized access to the data of Math on the Level or the data of other users of the Website,
- Not breach nor attempt to breach the security system of the Website,
- Not use or export the information, products, or services of Math on the Level in violation of U.S. export laws and regulations, nor to violate anyone else's legal rights (for example, privacy rights) or any laws (for example, copyright laws).
By using this Website, you are granted a limited, non-exclusive, non-transferrable right to use the content and materials Math on the Level makes available to you on the Website in connection with your normal, non-commercial use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Math on the Level.
By posting, storing, or transmitting any content on the Website, you hereby grant Math on the Level a perpetual, worldwide, non-exclusive, royalty-free, assignable right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit, and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Math on the Level does not have the ability to control the nature of user-generated contend offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. Math on the Level reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content that Math on the Level deems objectionable, at Math on the Level's sole discretion.
III. Disclaimer of Warranties
YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MATH ON THE LEVEL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS. ("PRODUCTS" INCLUDE TRIAL PRODUCTS.)
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MATH ON THE LEVEL MAKES NO WARRANTY:
- THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
- THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
- AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED.
- REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THIS WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IV. Limitation of Liability
MATH ON THE LEVEL'S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE WEBSITE. MATH ON THE LEVEL WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You will release, indemnify, defend and hold harmless Math on the Level, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorney's fees and expenses, of third parties relating to and arising out of
- this Agreement or the breach of your warranties, representations and obligations under this Agreement;
- the Website content or your use of the Website content;
- the Products or your use of the Products (including Trial Products), Courses, Memberships or Subscriptions;
- any intellectual property or other proprietary rights of any person or entity;
- your violation of any provision of this Agreement; or
- any information or data you supplied to Math on the Level.
The terms of this provision will survive any termination or cancellation of this agreement or your use of the Website or Products.
VI Agreement to be Bound
By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
Math on the Level will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligation hereunder due to earthquake, flood, fire, storm, natural desire, act of God, war, terrorism, armed conflicy, labor strike, lockout, boycot, or pandemic.
Cessation of Operation
Math on the Level may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products. If the operation of a subscription product or service is permanently cancelled by Math on the Level during your subscription term, you may request a pro-rated refund of an unused subscription amount.