Last Updated: September 29, 2023
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. Additional terms may govern your relationship with a specific franchisee.
2. Eligibility to Use the Services.
You represent and warrant that (i) you are at least the age of majority in your jurisdiction, or you are accessing the Services under the supervision of your parent or guardian who agrees to be bound by these Terms on your behalf, (ii) your use of the Services are legal in, and does not violate any laws or regulations where you live or from where you access the Services, and (iii) your use of the Services will be in accordance with these Terms.
Your use of the Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations, including the Export Administration Regulations and sanctions control programs of the United States. In particular, you represent and warrant that you (a) are not a prohibited party identified on any government export exclusion lists or a member of a government of any other export-prohibited countries as identified in applicable export and import laws and regulations, (b) will not transfer software, technology, or other technical data via the Services to export-prohibited parties or countries, (c) will not use the Services in violation of United States export laws, (d) will not access or use the Services from a country or region that is targeted for comprehensive trade sanctions by the United States government, and (e) will not transfer, upload, or post via the Services any software, technology, or other technical data in violation of United States or other applicable export or import laws.
In our sole discretion, in addition to any other rights or remedies available to us and without any liability whatsoever, we reserve the right to terminate, restrict or suspend your access to the Services, in whole or in part, at any time without notice. In particular, and without limitation, we may terminate or suspend your access to the Services upon your non-compliance (or threatened non-compliance) with these Terms or if you violate (or threaten to violate) our rights or the rights of any other party.
3. Intellectual Property.
The Services contain content (including, but not limited to, data, files, images, pictures, software, technology, interactive features, logos, service marks, trademarks, trade names, and other forms of intellectual property) owned or licensed by Mathnasium (“Mathnasium Content”). Mathnasium Content is protected by copyright, trademark, patent, trade secret and/or other laws, and, as between you and Mathnasium, Mathnasium owns and retains all rights in the Mathnasium Content and the Services. 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. We reserve all rights not expressly granted herein in and to the Services. Unless otherwise noted, our name and all other trademarks, service marks, trade names, logos or other designations of source displayed on the Services are our property, or that of our affiliates or licensors. All third-party trademarks, service marks, trade names, logos or other designations of source are the property of their respective owners. For clarity, there may be instances where trademark or copyright symbols are omitted for creative reasons, which does not impact the validity or enforceability of our rights in the Mathnasium Content.
4. Your Limited Right to Use the Services and Mathnasium Content.
Subject to your strict compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access the Services and the Mathnasium Content for your personal, non-commercial use only. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, the Services or any Mathnasium Content, and (ii) may be immediately suspended or terminated for any reason, in Mathnasium’s sole discretion, and without advance notice or liability. Your unauthorized use of the Services or Mathnasium Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
5. Availability of the Services.
We use commercially reasonable efforts to provide continuous access to the Services; however, we do not guarantee that the Services will be accessible at all times. For example, the Services may be unavailable during maintenance periods or during an emergency. In addition to normal maintenance, there may be events that will make the Services inaccessible for a limited amount of time due to unforeseen circumstances.
By accessing the Services, you are directing your communication to us in California. We make no claims that the Services or any of their content is accessible or appropriate outside of the United States. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Your use of the Services does not subject us to judicial process in or to the jurisdiction of courts or other tribunals in your jurisdiction.
6. Limits of Your Use.
You may use the Services only for lawful purposes and in accordance with these Terms. Without limiting the foregoing, you agree not to use the Services:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter” or “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate us, our employees, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or users of the Services or expose them to liability.
Additionally, when you access the Services, you agree not to:
- Modify, translate, decompile, reverse engineer, recreate, disassemble, or otherwise attempt to determine the makeup or source code of the Services or make any unauthorized changes to or copies of the Services.
- Circumvent, disable, remove, avoid, bypass, deactivate, impair or otherwise interfere with any (i) security-related features of the Services, or (ii) features that prevent, restrict, or limit use or copying of any content.
- Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
- Use any robot, spider or any other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
- Use any device, software or routine that interferes with the proper working of the Services.
- Upload, post, email, or otherwise transmit through the Services any material that contains trojan horses, worms, malicious software, viruses, or any other computer code, files, or programs of a destructive nature or designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the servers on which the Services are stored, or any server, computer or database connected to the Services.
- Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Services.
7. Privacy and Confidentiality.
8. Use By Minors.
We do not knowingly collect or solicit Personal Information from children under 18 without parental or guardian consent. If you under 18, please do not attempt to register for the Services or send any Personal Information about yourself to us. If you believe that a child under 18 may have provided us Personal Information without your consent, please contact us at the email listed below.
9. User Feedback; User Content.
By submitting any unsolicited ideas, comments, suggestions or other information to us (through our Services, social media sites, or other digital platforms, or through Google, or other review sites, or other means), including, but not limited to, those related to improvements to the Services (collectively, the “Feedback”), you agree that such Feedback shall be deemed, and shall remain, our property. We shall own all rights related to the Feedback (including without limitation intellectual property rights and moral rights) and shall be entitled to use of the Feedback without restriction for any purpose whatsoever, commercial or otherwise, without compensation or further notice to you.
The Services may, now or in the future, permit the submission of text, files, images, photos, videos, sounds, musical works, works of authorship or other materials and content by you (“User Content”). We do not endorse or approve any User Content that you or others contribute or post. You acknowledge that any User Content that you post or submit for posting through the Services is deemed to be non-confidential and may be disclosed through the Services to other parties on a worldwide basis, including for browsing, downloading, printing, and other uses by such other persons or entities. Nothing in these Terms shall obligate Mathnasium to use any User Content you submit or permit the posting of such User Content on any website or platform.
You agree to not submit, upload or post any User Content to the Services that infringes or may infringe the copyright, trademark or other intellectual property rights of a third party nor may you submit User Content that violates any third party’s right of privacy or right of publicity. You may submit only User Content permitted by the owner or by law.
When you post or submit for posting User Content to the Services, you agree to and do hereby expressly grant to us and to our affiliates, parents, subsidiaries, agents, representatives, licensors or other third party partners, and our successors and assigns, a non-exclusive, worldwide, perpetual, irrevocable, transferrable, sub-licensable license and right to use, without restriction, including, but not limited to the right to quote, re-post, publish, use, adapt, translate, archive, store, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display the User Content that you submit through the Services, without notice, payment or attribution of any kind to you or any third party.
You are responsible for all User Content that you submit to us. You may not submit or post User Content that:
- Is not your own original creation or that you do not have permission to use.
- Infringes the copyright, trademark, patent right, or other proprietary right of any person or that is used without the permission of the owner.
- You know to be inaccurate.
- Is pornographic, sexually explicit, or obscene.
- Exploits children or minors.
- Violates the rights of privacy or publicity of any person, including any minor.
- Is harassing, libelous, slanderous, or defamatory.
- Contains any personal information about any person without their consent or about any person who is a minor;
- May be deemed offensive to the community that uses the Services, including expressions of bigotry, prejudice, racism, hatred, profanity or religious or political radicalism.
- Includes advertisements, promotions, solicitations, spam, or offers to sell any goods or services for any commercial purpose.
- Is intended to provide professional advice, including but not limited to, the provision of medical treatment, or legal, financial or investment advice.
- Is intended to solicit, recommend, endorse, or offer to buy or sell any securities or other financial instruments, tout stocks, or recommend that any particular security, portfolio of securities, transaction, or investment strategy is suitable for you or any specific person.
- Violates any local, state, federal, and/or international laws or regulations.
- Promotes or provides instructional information about illegal or illicit activities.
- Contains software viruses or any other computer code, files, or programs designed to destroy, interrupt, or otherwise limit the functionality of any computer software, computer hardware, or other equipment.
- Is intended to overwhelm, cause technical disruptions of or denial of service to the Services.
We reserve the right (but have no obligation) to remove, block, edit, move or disable User Content that is objectionable to us for any reason, in our sole and absolute discretion. To the maximum extent permitted by applicable law, we do not assume any responsibility or liability for User Content or for any failure to or delay in removing User Content. You are solely responsible for your User Content and may be held liable for User Content that you post.
10. Copyright Infringement.
If you believe that any content on the Services violates these Terms or your intellectual property rights, you can report such violation to us in accordance with the Digital Millennium Copyright Act (17 U.S.C. §512 “DMCA”). In the case of an alleged infringement, please provide the following information:
- A title or subject line that says: “DMCA Copyright Infringement Notice.”
- A description of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
- A description of where the material that you claim is infringing is located on the Services (including the exact URL).
- Your full name, an address, a telephone number, and an email address where we can contact you.
- A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law.
- A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf.
- Your electronic or physical signature, or that of the person authorized to act on behalf of the owner of the copyright or other right being infringed.
We may request additional information before we remove allegedly infringing material. We will only respond to DMCA Notices that we receive by mail or email at the addresses below.
Attn: General Counsel
Address: 5120 W. Goldleaf Circle, Suite 400
Los Angeles, CA 90056
Email: [email protected]
We have the right to terminate the user account of any user who repeatedly submits content that violates our intellectual property policies.
If a work that you submitted to Mathnasium is removed as a result of a DMCA copyright infringement notice, and you believe in good faith that this was the result of mistake or misidentification, then you may submit a “Counter-Notification” to the mailing or email address listed above. The DMCA Counter-Notification should contain the following information:
- A legend or subject line that says: “DMCA Counter-Notification.”
- A description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the full URL of the page(s) on the Services from which the material was removed or access to it disabled).
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- Your full name, address, telephone number, email address, and the username of your account with us (if any);
- A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and
- Your electronic or physical signature.
If Mathnasium receives a DMCA Counter-Notification, then we may, in our sole discretion, reverse any action previously taken with respect to the related DMCA Notification. Upon receipt of a Counter-Notification that satisfies the requirements of DMCA, we will provide a copy of the Counter-Notification to the person who sent the original notification of claimed infringement and will follow the DMCA's procedures regarding counter notification. All Counter-Notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act. In all events, you expressly agree that neither Mathnasium nor its employees, officers, directors, or agents will be a party to any disputes or lawsuits regarding alleged copyright infringement. Please note you may be held liable for money damages if you materially misrepresent an activity is infringing your copyrights.
11. Links to Third-Party Websites.
The Services may contain links to third-party websites or information. Mathnasium does not control or maintain any of these third-party websites or any of their content. Mathnasium provides links for your convenience only, and the inclusion of any link to a site not owned by Mathnasium is not an endorsement by Mathnasium of the linked site or its contents. Mathnasium assumes no responsibility for any other party’s site hyperlinked to the Services or from which the Services have been hyperlinked.
12. Cooperation with Law Enforcement and Government Agencies; Required Disclosures.
14. Warranty Disclaimer.
15. Limitation of Liability.
AS PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANY OF THE MATHNASIUM PARTIES BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES RELATED TO: (I) THE SERVICE, (II) THE MATHNASIUM CONTENT, (III) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICES, (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 THE SERVICES, (V) ANY ERRORS OR OMISSIONS IN THE SERVICES’ OPERATION; OR (VI) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY IN CONNECTION WITH USE OF THE SERVICES, 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.
AS PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE MATHNASIUM PARTIES’ TOTAL LIABILITY TO YOU FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICES AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT THAT YOU HAVE PAID MATHNASIUM IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE(S) THE CLAIM(S), OR TWO HUNDRED AND FIFTY DOLLARS ($250), WHICHEVER IS GREATER.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
17. Governing Law.
18. Disputes; Resolution.
IMPORTANT: THIS SECTION LIMITS YOUR LEGAL RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE ACTION, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. PLEASE REVIEW CAREFULLY.
Any claim or action against us must be brought within twelve (12) months of the cause arising, otherwise such claim or action is permanently barred.
Other than for the grounds set forth in the section below entitled “Exceptions to Agreement to Arbitrate,” in the event of any dispute, claim, question or disagreement arising from or relating to the Services, the Terms or the breach thereof, the parties hereto shall use reasonable efforts to settle the dispute, claim, question, or disagreement. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties do not reach such solution within a period of thirty (30) days, then, upon notice by either party to the other, such dispute, claim, question or disagreement shall be resolved by binding arbitration in Los Angeles, California, USA, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”), subject to the limitations of this Section. All arbitrations shall be conducted by the AAA. The AAA’s rules are available on its website at www.adr.org or by calling 1-800-778-7879. If the claim asserted in arbitration is for less than $75,000, the AAA’s Consumer Arbitration Rules will apply. If the claim asserted is for $75,000 or more, the Commercial Arbitration Rules will apply. If there is a conflict between the AAA’s rules and this dispute resolution agreement, this dispute resolution agreement shall control. To initiate arbitration, you must send a letter requesting arbitration and describing your claims to Mathnasium at 5120 W. Goldleaf Circle, Suite 400, Los Angeles, CA 90056. You must also comply with the AAA’s rules regarding initiation of arbitration.
The parties agree that one (1) arbitrator shall arbitrate the dispute. The arbitrator shall be selected by the joint agreement of the parties, but if they do not so agree within twenty (20) days after the date of the notice of a demand for arbitration referred to above, the selection shall be made pursuant to the Commercial Arbitration Rules of the AAA from the panels of business arbitrators maintained by the AAA. The decision of the arbitrator shall be made in writing and shall be final. Judgment may be entered upon it in any court having jurisdiction thereof, and the decision shall not be subject to vacation, modification or appeal, except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act, the terms of which Sections the parties agree shall apply. The expenses of arbitration, including and the fees and expenses of the arbitrator and the AAA, shall be shared equally by the parties.
The arbitrator will have no authority to award attorneys’ fees, punitive damages, or any other monetary relief not measured by the prevailing party’s actual damages and each party irrevocably waives any claim thereto. The award may include equitable relief. The arbitrator will not make any ruling, finding, or award that does not otherwise conform to the Terms. The arbitrator may render a summary disposition relative to all or some of the issues, provided that the responding party has had an adequate opportunity to respond to any such application for such disposition.
The parties agree to treat all aspects of the arbitration as confidential, as provided in the AAA Rules. Before making any disclosure permitted by the Rules, a party shall give written notice to the other party and afford such party a reasonable opportunity to protect its interests.
Exceptions to Agreement to Arbitrate.
You and we agree that Mathnasium may go to court to resolve disputes relating to: (a) your or our intellectual property (e.g., trademarks, trade dress, domain names, trade secrets, copyrights or patents); or (b) your violation of the Section “User Feedback; User Content.” If we choose to bring a claim in court, such claim shall be submitted exclusively to the Federal and State Courts located in Los Angeles, California, and you irrevocably submit to the exclusive jurisdiction of such courts and waive any objection based on improper venue or inconvenient forum.
Class Action Waiver.
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. You agree that neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity, and each party hereby waives any right to assert consolidated claims with respect to any disputes subject to arbitration under these Terms or any disputes between the parties. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. This provision shall not be construed as a waiver of your right to seek public injunctive relief as provided under California law to the extent such right may otherwise be available to you.
Waiver of Jury Trial.
Each party irrevocably and unconditionally waives any right we or you may have to a trial by jury for any legal action arising out of or relating to these Terms or the transactions contemplated hereby. This means that a judge rather than a jury will decide disputes between you and Mathnasium if, for any reason, the arbitration agreement is not enforced.
19. Equal Opportunity.
Mathnasium conducts our business on an equal opportunity basis. We do not discriminate in any manner prohibited by law.
Mathnasium may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Mathnasium.
22. Entire Agreement; Severability; No Waiver.
23. Contact Us.
Attn: General Counsel
Address: 5120 W. Goldleaf Circle, Suite 400
Los Angeles, CA 90056
Email: [email protected]