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TERMS OF USE
1. Introduction.

Thank you for visiting www.mathnasium.com. This website (“Site”) is provided by Mathnasium LLC, a California limited liability company ("Mathnasium"). This Site may be used only according to these terms. The words “our,” “we” and “us” refer to Mathnasium.

2. Using this Site Means You Agree to The Terms Written Below.

PLEASE READ THESE TERMS BEFORE VISITING OR USING THE SITE. VISITING OR USING THIS SITE MEANS THAT YOU AGREE TO ALL OF THESE TERMS. These terms restrict your rights and remedies and provide protection to Mathnasium. They also include warranty disclaimers and liability disclaimers. By visiting or using this Site you acknowledge and agree to these terms. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS IN WHOLE OR IN PART, YOU MUST NOT VISIT OR USE THIS SITE.

3. 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.

4. Your User License.

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

5. Limits of Your Use.

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

6. No Modification of Our Site.

You must not add to, subtract from, or otherwise modify or edit the code, content, display or any other aspect of this Site.

7. Links to Third-Party Websites.

We may choose to provide links on this Site to third-party websites or information. If you use those links, you will leave this Site. Links do not mean we endorse, sponsor, or recommend the third party, their website, or their information. You will be subject to the Terms of Use and Privacy Policy of those websites.

8. Indemnity.

You agree you are personally responsible for your use and behavior on the Site. You agree to indemnify, defend and hold harmless Mathnasium, its personnel, subsidiaries, affiliated companies, franchisees, licensees, joint venturers, business partners, licensors, suppliers, employees, agents, and host of this Site and third-party information providers 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 your visit, use, misuse, inability to use or interruption in service of the Site or any violation by you of these terms or of law.

9. Right to Refuse Access/Service.

We reserve the right to refuse or limit access to this Site in our sole discretion and without notice. This includes the right to block or limit access to this Site, or parts of the Site, to individuals or groups, for the purpose of preventing or reducing the risk of violation of our terms or the law, or based upon suspected or actual violation, or for any other reason.

10. Copyright.

The Site design, text, content, selection and arrangement of elements, organization, graphics, images, compilation, digital conversion and other matters related to the Site are protected under copyright laws.

COPYRIGHT 2009-2010 MATHNASIUM LLC. ALL RIGHTS RESERVED.

You do not acquire ownership rights to any elements viewed through the Site. Except as otherwise stated herein, no element of the Site may be used, copied, reproduced, downloaded, posted, displayed, transmitted, modified or distributed in any form or by any means, including without limitation, electronic, mechanical, photocopying, recording or otherwise, without Mathnasium's prior written consent, except for such use that is necessary for the proper and lawful use of this Site.

11. Trademarks.

“Mathnasium,” “Mathnasium Method,” “Mathnasium The Math Learning Center,” our logos, domain names, and all product names, as well as any distinctive appearance and other distinctive features of this Site are common law trademarks, trade dress and/or registered trademarks of Mathnasium (the "Marks"). Use or misuse of any Marks or any other materials in this Site, without prior written consent of Mathnasium, is prohibited.

12. Site Warranty Disclaimer.

YOU VISIT OR USE THIS SITE AT YOUR OWN RISK. OUR SITE AND CONTENTS ARE PROVIDED "AS IS," “WHERE IS,” “AS AVAILABLE,” “WITH ALL FAULTS,” AND WITH NO WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING COMPLETENESS, ACCURACY, CORRECTNESS, INTEGRITY, RELIABILITY, CURRENCY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY, OPERATION OR ANY OTHER ASPECT OF THIS SITE OR CONTENT OR SERVICES PROVIDED ON, OR ACCESSIBLE FROM, THIS SITE. WE DO NOT WARRANT THAT OPERATION OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS SITE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

13. Limitation of Liability.

IN NO EVENT WILL MATHNASIUM OR ITS PERSONNEL BE LIABLE, NOR DO WE ASSUME RESPONSIBILITY, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR CONTENT AND SERVICES PROVIDED ON OR ACCESSIBLE FROM THIS SITE, OR OTHERWISE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. Errors, Corrections and Changes.

We do not warrant or represent that the Site is or will be error-free. Data entry errors, human error, technical and other problems sometimes result in inaccurate information being shown. Other factors can also cause errors. We shall have no liability for errors. We reserve the right to correct any inaccuracy or error, including but not limited to franchise locations, availability and hours of services. If a service is listed at an incorrect location, time or price or is incorrect in any other regard, our franchisee or we have the right to refuse or cancel any request placed for that service.

15. Equal Opportunity.

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

16. Site Location.

This Site is hosted in California. We do not assure that material on the Site is appropriate or available for use in any particular location or jurisdiction. Accessing this Site from a territory where the contents are illegal is prohibited. Accessing this Site is your decision and you are responsible to comply with local laws, including laws on viewing or receiving contents of this Site, and transmission of data exported from the United States or the territory where you live.

17. Interpretation.

These Terms are governed by and construed according to California law, without giving effect to conflict of law principles. Headings in these Terms are only for convenience to make these Terms easier to use. These Terms are to be interpreted according to their fair meanings, and not strictly in favor of or strictly against either you or us.

18. Passive Site; Venue.

This is a primarily passive Site that provides very little active interaction between you and the content of the Site. By accessing this Site, you are electing to visit us at our host location in California. By contacting us through the 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 our Site shall be submitted, and you irrevocably consent, to personal jurisdiction of any federal or state court located in, or whose district includes, Los Angeles County, California.

19. Severability.

If any provision of these Terms 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.

20. Time Limit to Make a Claim.

The time limit for any claim you wish to make against us is the shorter of whatever time limit the law by itself would allow, or until one year after the claim arises. If the claim is not brought within the shorter of these times, the claim is barred.

21. Yours and Our Entire Agreement.

These Terms are our entire agreement about your use of this Site.

22. Changes To These Terms.

We reserve the right, in our sole discretion, to change these Terms any time. Updated versions of the Terms will be posted here on our Site and are effective immediately upon posting. The date of the newest version is posted below. Please check frequently, especially before you use this Site, to see if these Terms have changed. Use of the Site after any changes to the Terms constitutes your consent to the changes.

23. 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.

24. 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.

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