Terms of Use

These Terms of Use are effective as of December 16, 2014.

By accessing or using the Mathnasium website (this “Site”), you agree to be bound by these terms of use (“Terms of Use”). This Site is owned and controlled by Mathnasium, LLC, a California limited liability company (“Mathnasium,” “our,” “we,” or “us”). THESE TERMS OF USE AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE, DO NOT ACCESS OR USE THIS SITE.

  1. Mathnasium Locations Are Independently Owned Franchises.
    Each Mathnasium location is independently owned and operated by a Mathnasium franchisee. Information on particular locations, like biographies, hours and pricing, are provided by and are the responsibility of the particular Mathnasium franchisee.

     
  2. Your User License.
    We grant you a limited, nonexclusive, nontransferable license to access this Site and its content for your personal, noncommercial use according to these Terms of Use. If you are under age 18, you may use this Site only with your parent's or guardian's consent.

     
  3. Limits of Your Use.
    You must use this Site only for a lawful purpose. You must not take any action that may compromise the security of this Site, make this Site inaccessible to others, or cause damage to this Site or its content. You must not try to access content that is not intended for you. You agree not to use this Site in any way that might interfere with the rights of Mathnasium, or anyone else.

    This Site displays text, photos, drawings, video, trademarks and other kinds of content. All of this, including its organization, selection, and arrangement, as well as various software or programming within or related to this Site, belong to Mathnasium. No content from this Site may be modified, copied, reproduced, republished, downloaded, posted, displayed, transmitted, performed, licensed, used to make a derivative work, transferred, sold or distributed without Mathnasium’s prior written consent.

    You must not frame or mirror material on this Site on any server or other location; use metatags or other hidden text using our trademarks; use any deep-link, page scrape, robot, spider, crawler or other automated method to access, copy, record or distribute any part of this Site; or use information on this Site to contact or solicit us or our franchisees, except where indicated, for instance on the Contact Us page. Unauthorized use or activity relating to this Site, whether on any other website, computer environment, network, communication system, other media, or elsewhere, is prohibited.

     
  4. No Modification of This Site.
    You must not add to, subtract from, or otherwise modify or edit the code, content, display or any other aspect of this Site.

     
  5. Links to Third-Party Websites.
    There may be links for this Site to third-party websites or information. If you use these links, you will leave this Site. Mathnasium does not control or maintain any of these third-party websites or any of their content. Mathnasium provides links for you for your convenience only, and the inclusion of any link to a site not owned by Mathnasium is not an endorsement by Mathnasium of this site or its contents. Mathnasium assumes no responsibility for any other party’s site hyperlinked to this Site or in which any of this Site has been hyperlinked. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THIS SITE ARE SOLELY BETWEEN YOU AND THE THIRD-PARTY.

     
  6. Indemnity.
    You agree you are personally responsible for your use and behavior on this Site. You agree to indemnify, defend and hold harmless the Mathnasium Parties (defined below) from and against all claims, liabilities, losses, expenses, injury or damage to persons or property, money damages and costs (including but not limited to direct, incidental, consequential, exemplary, and indirect damages), reasonable attorneys’ fees and costs of government inquiry or investigation, resulting from or arising out of or in any way connected with any of the following: (i) your breach or alleged breach of these Terms of Use; (ii) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities; or (iii) your visit, use, misuse, inability to use or interruption in service of this Site. You will cooperate as fully required by Mathnasium in the defense of any claim. Mathnasium reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Mathnasium.

     
  7. Terms of Use.
    We reserve the right to refuse access to this Site to anyone for any reason at any time. We reserve the right in our sole discretion to change these Terms of Use from time to time (“Updated Terms of Use”). You agree that we may notify you of the Updated Terms of Use by posting them on this Site, and your use of this Site after the effective date of the Updated Terms of Use constitutes your agreement to the Updated Terms of Use. You should review these Terms of Use and any Updated Terms of Use before using this Site. The Updated Terms of Use will be effective as of the time of posting and will apply to your use of this Site from that point forward.

     
  8. Intellectual Property
    This Site contains content owned or licensed by Mathnasium (“Mathnasium Content”). Mathnasium Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Mathnasium, Mathnasium owns and retains all rights in the Mathnasium Content and this Site. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Mathnasium Content and you will not reproduce, modify, adapt, prepare derivative works based on, display, distribute, sell, license or otherwise exploit the Mathnasium Content. The marks “Mathnasium,” “Mathnasium Method,” “Mathnasium The Math Learning Center,” and the Mathnasium logo are trademarks or registered trademarks of Mathnasium or its affiliated companies, and may not be copied, imitated or use, in whole or in part, without the prior written permission of Mathnasium.

     
  9. Site Warranty Disclaimer.
    YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE AND THE MATHNASIUM CONTENT ARE PROVIDED “AS IS,” “WHERE IS,” “AS AVAILABLE,” “WITH ALL FAULTS,” AND WITH NO WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER MATHNASIUM NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS, REPRESENTATIVES, OR AGENTS (COLLECTIVELY, THE “MATHNASIUM PARTIES”) MAKES ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (I) THIS SITE, OR (II) THE MATHNASIUM CONTENT. IN ADDITION, THE MATHNASIUM PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. THE MATHNASIUM PARTIES DO NOT REPRESENT OR WARRANT THAT THIS SITE IS OR WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THIS SITE OR THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. THE MATHNASIUM PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THIS SITE IS ACCURATE, COMPLETE, OR USEFUL. THIS SITE IS HOSTED IN CALIFORNIA, AND THE MATHNASIUM PARTIES DO NOT WARRANT THAT YOUR USE OF THIS SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE MATHNASIUM PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE. BY ACCESSING OR USING THIS SITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THIS SITE.

     
  10. Limitation of Liability.
    IN NO EVENT WILL THE MATHNASIUM PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (I) THIS SITE, (II) THE MATHNASIUM CONTENT, (III) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THIS SITE, (IV) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE MATHNASIUM PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THIS SITE, (V) ANY ERRORS OR OMISSIONS IN THIS SITE’S OPERATION; OR (VI) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY IN CONNECTION WITH USE OF THIS SITE, EVEN IF FORESEEABLE OR EVEN IF THE MATHNASIUM PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE MATHNASIUM PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OR ACTION EXCEED ONE THOUSAND DOLLARS ($1,000).

     
  11. Equal Opportunity.
    Mathnasium conducts our business on an equal opportunity basis. We do not discriminate in any manner prohibited by law.

     
  12. Interpretation.
    These Terms of Use are governed by and construed in accordance with the laws of the State of California, without giving effect to any choice of conflict provision or rules. Headings in these Terms of Use are for convenience only and shall not control, limit, amplify or otherwise modify or affect these Terms of Use or the meaning and construction of these Terms of Use. These Terms of Use are to be interpreted according to their fair meanings, and not strictly in favor of or strictly against either you or us.

     
  13. Passive Site; Venue.
    This is a primarily passive website that provides very little active interaction between you and the content of this Site. By accessing this Site, you are electing to visit us at our host location in California. By contacting us through this Site, you are directing your communication to us in California. You accept jurisdiction in California over any dispute that may arise from your accessing, visiting or using this Site. Any controversy or dispute arising out of your use of this Site shall be submitted exclusively to the Federal and State Courts located in Los Angeles, Califorina, and you irrevocably submit to the exclusive jurisdiction of such courts and waive any objection based on improper venue or inconvenient forum.

     
  14. Time Limit to Make a Claim.
    You agree that any claim you may have arising out of or related to your relationship with Mathnasium must be filed within the shorter of (i) one year after such claim arose; and (ii) whatever time limit the law by itself would allow. If your claim is not brought within such time, your claim is permanently barred.

     
  15. Entire Agreement.
    These Terms of Use constitute the entire agreement between you and Mathnasium and governs your use of this Site, superseding any prior agreements between you and Mathnasium. If any provisions of these Terms of Use is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed removed and shall not affect the validity and enforceability of the remaining provisions. These Terms of Use do not confer any third-party beneficiary rights.

     
  16. Privacy.
    The confidentiality of any information submitted on this Site cannot be guaranteed. Information transmitted over the Web may be intercepted and may not be secure. Please see our Privacy Policy for further information. Click here to see Mathnasium's Privacy Policy.

     
  17. Suggestions/Ownership.
    If Mathnasium receives suggestions on this Site for lesson improvements or any other material, ideas, concepts, know-how, techniques, questions or comments of any kind, the information sent will be treated as non-proprietary and non-confidential and will become the property of Mathnasium for use without any compensation to the sender.

     
  18. Contact Us.
    If you have questions or comments about these Terms of Use, please contact us using the Contact Us link on this Site.