Terms Of Use

(Effective as of November 1, 2023)

ACCEPTANCE OF TERMS AND CONDITIONS OF USE

IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN EACH END USER (“USER,” “YOU” OR “YOUR”) AND MATHSTROVERSE (“MATHSTROVERSE,” “US,” “WE” OR “COMPANY”).  YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS OF USE (“AGREEMENT” OR “TERMS” OR “TERMS OF USE”) BECAUSE THEY GOVERN YOUR USE OF THE MATHSTROVERSE WEBSITE LOCATED AT WWW.MATHSTROVERSE.COM (“WEBSITE” OR “SITE”) AND THE MATHSTROVERSE MOBILE APPLICATION (“APP”) (WEBSITE AND APP COLLECTIVELY REFERRED TO HEREIN AS THE “SERVICE” OR “SERVICES”). THE SERVICE CONTAINS TEXT, PICTURES, GRAPHICS, LOGOS, IMAGES, WORKS OF AUTHORSHIP, COMPUTER CODE, LOOK AND FEEL, TRADE DRESS, TECHNICAL INFORMATION, AND OTHER CONTENT, AS WELL AS AVAILABLE FEATURES OR SERVICES DISCUSSED, REFERENCED, PROVIDED OR OFFERED THROUGH OR ON THE SITE AND/OR APP (COLLECTIVELY WITH ALL INFORMATION AND MATERIAL ABOUT MATHSTROVERSE AND ITS SERVICES, THE “CONTENT”). FOR PURPOSES OF THESE TERMS OF USE, THE TERM “SITE” ALSO INCLUDES THE CONTENT, EXCEPT WHERE THE CONTEXT SPECIFICALLY INDICATES OTHERWISE. 

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT AND ITS TERMS AND CONDITIONS, AND THAT YOU AGREE TO BE BOUND LEGALLY BY IT.  IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, YOU ARE NOT GRANTED PERMISSION TO USE THE SERVICE, AND YOU MUST IMMEDIATELY STOP USE OF THE SERVICE.  

1. LICENSE GRANT; USE OF THE SERVICE. Subject to your continued compliance with this Agreement, Mathstroverse provides to you a single, revocable, limited, non-exclusive, non-transferable, and non-sublicensable license (“License”) to access and use the Services for your personal and non-commercial use. The content layout, formatting, features of and online or remote access processes or privileges for the Services are provided at Mathstroverse’s sole discretion.  You also acknowledge and agree to the following: (i) Mathstroverse has the right to control and direct the means, manner, and method by which the Service is provided; (ii) Mathstroverse may, from time to time, engage independent contractors, consultants, or subcontractors to aid Mathstroverse in providing the Service or use thereof, and (iii) Mathstroverse has the right to provide the Service to others. This License may be revoked by Mathstroverse at any time for any reason with or without notice to you at Mathstroverse’s sole discretion. 

You are solely responsible for any activity that occurs through your account, for maintaining the confidentiality of your account information and for restricting access to your account and your computer and/or mobile device. If your account has been compromised or if you suspect unauthorized use of your account, notify us immediately at the contact information provided below. Without limiting the foregoing, parents or guardians who create or are linked to accounts for minor children are responsible for the acts and activities of those children in connection with the use of the Services, and that this Agreement and Mathstroverse’s Privacy Policy will apply to those minor children’s use of the Services.

2. RESTRICTIONS ON USE. All rights not expressly granted under this Agreement are expressly reserved to Mathstroverse.  Accordingly, you are hereby prohibited from using the Service in any manner that is not expressly and unambiguously authorized by this Agreement.  You therefore may not (among other acts): modify, reproduce, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, reverse engineer, decompile, extract source code, broadcast, publish, remove or alter any proprietary notices or labels, license, sublicense, sell, mirror, frame, rent, lease, private label, grant a security interest in, create derivative works of, or otherwise exploit the Service, or any portion of the Service, without Mathstroverse’s prior written consent. You also may not: (a) attempt to gain unauthorized access to any portion or feature of the Service or any other system(s) or network(s) connected to the Service or to any Mathstroverse server or to any of the services offered on or through the Service by hacking, password “mining,” or any other illegitimate or prohibited means; (b) probe, scan, or test the vulnerability of the Service or any network(s) connected to the Service, nor breach the security or authentication measures on the Service or any network(s) connected to the Service; (c) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Service; (d) use any device, software, or routine to interfere with the proper working of the Service or any transaction conducted on the Service, or with any other person’s use of the Service; (e) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Mathstroverse on or through the Service; (f)  delete, obscure, or in any manner alter any warning or link that appears in the Service; (g) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Service if you are not expressly authorized by such party to do so; (h) use the Service in any manner that may subject Mathstroverse or any third party to liability, damages, violations of law, or danger; (i) interfere with another’s use and enjoyment of the Service; (j) collect, use or disclosure of personal information of individual persons; or (k) use the Service in an unlawful manner, including, without limitation, to post, upload, transmit, or otherwise make available any material which violates, misappropriates, or infringes in any way upon the rights of others, is unlawful, threating, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, or encourages conduct that would constitute unlawful conduct.  

Any of the uses above may constitute ‘Misuse of the Service.’ Mathstroverse retains the right to determine ‘Misuse’ at its sole discretion and may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, Mathstroverse reserves the right at all times to disclose any information as Mathstroverse deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, interest of the Company, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.

Upon termination and regardless of the reason(s) motivating such termination, your right to use the Service will immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith. However, your liability for any unpaid fees shall survive any termination.

3. GENERAL RIGHTS YOU GRANT US.  You permit Mathstroverse the rights: (i) to allow the Service to use the processor, bandwidth, and storage hardware on your mobile device or other device used to access the Service to facilitate the operation of the Service, (ii) to provide advertising and other information to you, and (iii) to allow our business partners to do the same.  

You further grant to Mathstroverse a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully paid, worldwide right and license to use, sell, reproduce, display, publish, translate, modify, create derivative works from, and distribute the data and information you submit or provide to the Service that is gathered by Mathstroverse in connection with your use of the Service through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created.  You represent and warrant that you have all necessary permissions to share your data and information. 

4. ELIGIBILITY. You must be at least 13 years of age to create an account on Mathstroverse. By creating an account and using the Service, you represent and warrant that you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction–meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition and that you have never been convicted of a felony or been required to register as a sex offender with any state, federal or local sex offender registry. 

Mathstroverse complies with the Children’s Online Privacy Protection Act (“COPPA”), which requires obtaining parental consent before collecting personally identifiable information online from children who are under thirteen (13). We collect limited personal information (e.g., nickname and grade level) about minors on the site, but only where you, the minor’s parent or legal guardian, has provided that information to us during the registration process. Such information is not shared with third parties and is only shared internally, as described in our Privacy Policy. A child’s usage information, such as scores from games and assessments is only shared in an aggregated anonymous manner and never in a way that could personally identify the minor. If we learn that we have collected personal information from a minor without parental consent, we will delete that information as quickly as possible. If you believe that your child or a minor may have provided us personal information beyond what is requested when signing up for the Website, please contact us at support@stemlins.com.

5. USER OBLIGATIONS. By downloading, accessing, or using the Service, you covenant that you will abide by the terms herein as well as all applicable local, state, and national laws and regulations with respect to your use of the Service and that you are at least the legal age of majority.  You further covenant you will at all times provide true, accurate, current, and complete information (and updates thereto) when submitting information to Mathstroverse through the Service and agree to provide Mathstroverse reasonable cooperation in connection with operation of or support for the Service. You also acknowledge and agree that additional notices, terms, and conditions may apply to the use of other Mathstroverse services or solutions. Additionally, Mathstroverse does not promise nor guarantee specific results from using the Service provided by Mathstroverse or any third-party. 

6. RESPONSIBILITY FOR CONTENT

(a) Website. Mathstroverse shall not be responsible for any use that is or is not made of the Service. Mathstroverse makes no representations, warranties or guarantees regarding the use, truthfulness, accuracy, or reliability of any information that is communicated to and from the Service. Mathstroverse does not endorse any opinions expressed by any User. Each User agrees and acknowledges that he or she uses the Service at their own risk and that the User is responsible for taking any actions necessary to determine whether their use will infringe any third-party intellectual property, privacy, or publicity right. You agree to be solely responsible for the accuracy of the content submitted.

(b) Downloads. Mathstroverse does not guarantee that data made available through the Service will be free of infection or viruses, worms, Trojan horses, or other code that manifests contaminating or destructive properties. While we will seek compliance with security inspections and requirements from platforms such as iOS and Android, it is your responsibility for implementing sufficient safeguards and procedures to ensure that any such data is free from such problems.

7. OWNERSHIP. The Service including without limitation the Content, the Site, the App, the user interface, code, codebase, data, text, graphics, logos, icons, images, audio files, data compilations, the selection and format thereof, as well as the underlying software and databases are the sole and exclusive property of Mathstroverse and are protected by American and international intellectual property laws. Mathstroverse owns all right, title and interest in and to all copyright, trademarks, service mark, patent, trade secret or other intellectual property and proprietary rights in and to the Service to the fullest extent provided under law. Users shall not remove, conceal or alter any copyright notice, byline information, disclaimer, restriction, or other notice on the Site. Users shall not use or permit any third party to use the name, trademarks, trade names, or trade dress of Mathstroverse without the written consent of Mathstroverse.

8. ACCOUNT. You may be required to register to use the Service by creating an account.  Each registered account may contain up to three (3) user profiles. There are two (2) user types- (i) anonymous users, and (ii) authenticated users. Anonymous users are users who decide not to create an account via Apple Authentication. Authenticated users are users who decide to create an account via Apple Authentication. The only difference between an anonymous user and an authenticated user is that an authenticated user will have the ability to use his/her Mathstroverse account across multiple devices. For example, Mary, the mother of two kids wants to download the Mathstroverse for her kids, Joey and Gary. Joey and Gary have their own iPads, and Mary doesn’t want her kids playing on her device. So, she’ll create an account so her kids can log in under her account on their devices to play. An anonymous user will not have this ability because user data is tied to a created account. 

Registration for access to and use of the Service may also require access credentials, such as age verification, an email address, a username and a password, or adherence to other particular access requirements as designated by Mathstroverse in its sole discretion from time to time.  You hereby agree to consider your access credentials, such as a username and password, as confidential information and not to disclose such information to any third party without the prior express written consent of Mathstroverse, which may be withheld in its sole discretion.  In addition, you agree to assume all responsibility concerning your use of the Service, including being held responsible for any and all activity occurring through your username and password (and the related account access).  You shall immediately notify Mathstroverse if you suspect or become aware of any loss or theft of your password or any unauthorized use of your username and password.   

User accounts are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Site. You may not assign these Terms, in whole or in part, or delegate any of your responsibilities hereunder to any third party. Any such attempted assignment or delegation will not be recognized by Mathstroverse unless acknowledged by Mathstroverse in writing. Mathstroverse has no obligation to provide you with written acknowledgment. Mathstroverse may, at any time and in its sole discretion, assign these Terms, in whole or in part, or delegate any of our rights and responsibilities under these Terms to any third party or entity.

9. FEE & SUBSCRIPTION. There are fees for certain Services. By selecting a paid subscription Service plan (either monthly, quarterly, or annually), you agree to pay Mathstroverse the then current applicable subscription fees indicated for that Service. By selecting and providing payment for a Service plan, you agree to allow Mathstroverse, or our payment affiliates or service providers, to process and/or store your payment card information, if applicable. You also agree to pay the applicable fees for the Services as they become due plus all related taxes, and to reimburse us, our payment affiliates and any service providers for all collection costs and interest for any overdue amounts. If you do not pay fees applicable to the Services, you may not use or access those paid Services features.

When applicable, your subscription may automatically renew unless you cancel your account prior to the renewal date through the procedures and options provided by our third-party subscription administrator. We will charge your credit card (or the other method of payment initially used by you) each year, month or other applicable period (depending on the payment term that you selected) for the then-current applicable price. You authorize us to charge you through the credit card or other acceptable or approved payment method that you used when subscribing to the Services. 

In the event you sign up for a Service that is ongoing and incurs reoccurring charges (such as a subscription), such charges may be billed in advance. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address and telephone number, and to provide us with any changes in such information within ten (10) days of the change. If, for any reason, your credit card is declined or the card issuer otherwise refuses to pay the amount owed for the Services you have purchased, Mathstroverse may suspend or terminate performance of Services or delivery of products and may require you to pay any overdue amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us.  In the event legal action is necessary to collect balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses. 

You may cancel your subscription and avoid future billing online through the third-party app store. Namely, initial subscriptions will be facilitated through the Apple Store, and you can navigate and manage your subscription through your iPhone settings- Purchases – Subscription. If you do so, we will endeavor to close your account as soon as possible; regardless, we will not charge you for another subscription period if you cancel your subscription prior to its renewal date. 

For all accounts, you will continue to have access to your account for the period that has already been prepaid. You will also be able to continue to use the parts of the Services that do not require a paid subscription.

You must notify us in writing if you dispute any portion of the fees paid or payable by you pursuant to these Terms. You must provide that written notice to us online via support@stemlins.com within fifteen (15) days of the date we bill you for the charge you want to dispute, and we will work together with you to resolve the dispute promptly.

Fees may change from time to time. Where the fee is a subscription, we may, in our sole discretion, change the fee to be charged for your next subscription period, provided we first notify you by email in accordance with applicable law. Where the fee is for something other than a subscription, we will notify you in advance of any rate changes. 

Mathstroverse does NOT directly store credit card information – all credit card information and transactions are stored by third-party payment providers that process payments on our behalf. You agree in the event one of our payment processors experiences a data breach affecting your information through no fault of Mathstroverse, Mathstroverse will in no way be responsible or liable to you for any such breach.

Refunds. Unless otherwise provided herein, all fees paid for the Services provided on our Site are non-refundable, and no prorated refunds or credits will be offered for partially used subscriptions. However, we reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit in one instance, we are under no obligation to issue the same refund or credit in the future. 

You understand that your use of the Service is not contingent on the delivery by us of any future release of any functionality or feature, including without limited to, the continuation of a certain service beyond its current subscription term or third-party services or dependent on any public comments we make, regarding any future functionality or feature. 

You acknowledge that we reserve the right to remove or terminate accounts which have not paid a subscription fee, that remain inactive for longer than six (6) months, or in cases where you have violated one or more terms of this Agreement.

10. MOBILE SERVICES. The Service offers multiple utilities and/or display functionalities that are available to you via your mobile phone or other mobile computing device (referred to collectively, “Mobile Services”).  Please note that your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services on your phone.  In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all of the available Mobile Services may work with all carriers or devices or in all locations where you might engage in use. Thus, you are solely responsible for checking with your specific mobile carrier to determine if the Mobile Services are available for your mobile devices; what restrictions, if any, may be applicable to your use of the Mobile Services; and how much such use will cost you.  Regardless of any surcharges or coverage details from your mobile provider, all use of the Service shall be strictly in accordance with this Agreement.

11. DATA COLLECTION, COMMUNICATIONS & UPDATES. By installing, accessing, or using the Service, you agree to allow Mathstroverse to collect (on behalf of itself and its business partners) certain information regarding your use of the Service (including, without limitation, certain data regarding your mobile device (e.g., type of device, unique device ID, etc.), operating software, feature utilization, navigation, and personal information (e.g., name, email, etc.). Mathstroverse shall use reasonable skill and due care in providing the Service, but neither Mathstroverse nor any of its service and/or content providers guarantees the availability, accuracy, completeness, reliability, or any other data displayed by the Service. You also agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this Site. 

You also agree to receive electronic communications from Mathstroverse. These electronic communications may include notices about applicable fees and charges, transactional information, and other information concerning or related to the Service or Mathstroverse’s other products, solutions, or services. These electronic communications are part of your relationship with Mathstroverse and you receive them as part of your use of the Service. You therefore hereby agree that any such notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements.  Further, you understand and agree that installation of the Service permits the downloading of updates and upgrades, including for the purpose(s) of fixing product defects or providing enhancements.  You will be given notice and an opportunity to accept or refuse any update or upgrade that we provide; provided, however, that refusal of an update or upgrade may impact the performance of the Service.  

12. PRIVACY POLICY & OPT-OUT. Please see Mathstroverse’s Privacy Policy located at https://www.mathstroverse.com/privacypolicy for more details on Mathstroverse’s collection and use of data.  Your use of the Service and the collection of information by and through the Service is addressed by Mathstroverse’s Privacy Policy. You may opt-out of certain information collection by adjusting the settings on your device or following any further details set forth in Mathstroverse’s Privacy Policy. Please note that your choice opt-out may apply only to the browser or device you are using when you opt out of the policy, and not to a specific provision of the privacy policy or to the privacy policy.   
13. FEEDBACK. Mathstroverse welcomes your feedback and suggestions about Mathstroverse’s products or services or with respect to how to improve the Service.  By transmitting any suggestions, information, material, or other content (collectively, “Feedback”) to Mathstroverse, you represent and warrant that such Feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to Mathstroverse and enable Mathstroverse to use such Feedback.  In addition, any Feedback received by Mathstroverse will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license from you for Mathstroverse to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on such Feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist therein, and you hereby waive any claim to the contrary. 

14. LINKS TO OTHER SITES.  The Service may connect to certain third-party websites or online networks (collectively, “Third Party Sites”).  These Third-Party Sites have not necessarily been reviewed by Mathstroverse and are owned, controlled and/or maintained solely by third parties over whom Mathstroverse exercises no control.  Your correspondence or any other dealings with third parties found through any Third-Party Sites on the Service is solely between you and such third party.  Accordingly, Mathstroverse hereby expressly disclaims and shall not have any liability or responsibility for any Third-Party Sites.

15. PROPRIETARY RIGHTS. This Agreement provides only a limited license to access and use the Service in accordance with the terms of this Agreement.  Accordingly, you hereby agree that Mathstroverse transfers no ownership or intellectual property interest or title in and to the Service or any other Mathstroverse intellectual property to you or anyone else in connection with your use of the Service.  All text, data, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Service are exclusively owned, controlled, and/or licensed by Mathstroverse or its affiliate(s).  Mathstroverse, and all other marks identifying the products or services of Mathstroverse are proprietary trademarks of Mathstroverse, and any use of such marks, including, without limitation, as domain names, account identifiers, or in connection with any search engine optimization practice(s), without the prior express written permission of Mathstroverse is hereby strictly prohibited.  

16. CONFIDENTIALITY. You acknowledge and agree that the Service contains proprietary trade secrets and confidential or nonpublic information of Mathstroverse and/or its licensors (the “Confidential Information”). You agree to secure and protect the confidentiality of the Confidential Information of Mathstroverse (and/or its licensors) in a manner consistent with the maintenance of Mathstroverse’s rights therein, using at least as great a degree of care as you use to maintain the confidentiality of your own confidential information of a similar nature, but in no event using less than reasonable efforts.  You shall not, nor permit any third party to, sell, transfer, publish, disclose, or otherwise make available any portion of the Confidential Information to third parties, except as expressly authorized in this Agreement. “Confidential Information” means any information or data, regardless of whether it is in tangible form, disclosed by either party that is marked or otherwise designated as confidential or proprietary or that should otherwise be reasonably understood to be confidential given the nature of the information and the circumstances surrounding disclosure. Confidential Information does not include any information which: (a) is publicly available through no fault of the receiving party; (b) was properly known to the receiving party, without restriction, prior to disclosure by the disclosing party; (c) was properly disclosed to the receiving party, without restriction, by another person without violation of the disclosing party’s rights; or (d) is independently developed by the receiving party without use of or reference to the Confidential Information of the disclosing party.

17. NO AGENCY RELATIONSHIP. Nothing in these Terms of Use is intended to create or shall be construed as creating any partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way.

18. DISCLAIMER. THE SERVICE IS PROVIDED ON AN “AS-IS” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. MATHSTROVERSE HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE.  TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, MATHSTROVERSE DOES NOT GUARANTEE OR WARRANT THAT ANY CONTENT YOU MAY STORE OR ACCESS THROUGH THE SERVICE WILL NOT BE SUBJECT TO INADVERTENT DAMAGE, CORRUPTION, LOSS, OR REMOVAL IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.  MATHSTROVERSE ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR IN A MANNER THAT WILL MEET YOUR PARTICULAR REQUIREMENTS AND/OR NEEDS.  THEREFORE, YOU ASSUME THE ENTIRE RISK REGARDING THE QUALITY AND/OR PERFORMANCE OF THE SERVICE.  YOU SPECIFICALLY ACKNOWLEDGE THAT MATHSTROVERSE IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES OVER WHICH IT HAS NO CONTROL.   

MATHSTROVERSE ASSUMES NO LIABILITY FOR FAILURE OR DELAY IN PERFORMANCE IN PART OR IN WHOLE OF THE SERVICES, AND IT SHALL NOT BE LIABLE FOR ANY CLAIM OR HARM RESULTING FROM YOUR OR YOUR CHILD’S USE OF THE SERVICE. 

19. LIMITATION OF LIABILITY. YOU EXPRESSLY ABSOLVE AND RELEASE MATHSTROVERSE FROM ANY CLAIM OF HARM RESULTING FROM YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER CONNECTION PROBLEMS, COMPUTER VIRUSES, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, SEVERE WEATHER, EARTHQUAKES OR NATURAL DISASTERS, STRIKES OR OTHER LABOR PROBLEMS, WARS, OR GOVERNMENTAL RESTRICTIONS.  MOREOVER, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MATHSTROVERSE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DEALINGS OR AGREEMENTS BETWEEN YOU AND A THIRD PARTY, THE USE OF THE SERVICE, WITH THE DELAY OR INABILITY TO USE THE SERVICE, THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE FUNCTIONALITY (INCLUDING, DATA STORAGE), AND MATERIALS AVAILABLE THROUGH THE SERVICE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF MATHSTROVERSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN ADDITION, TOTAL LIABILITY OF MATHSTROVERSE FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SERVICE SHALL NOT EXCEED $100 (US) OR THE AMOUNT PAID BY YOU TO MATHSTROVERSE (FOR USE OF THE SERVICE) DURING THE TWELVE (12) MONTHS PRECEDING ANY CLAIM, WHICHEVER IS GREATER. The disclaimers, exclusions, and limitations of liability under this limited warranty will not apply to the extent prohibited by applicable law.

20. INDEMNIFICATION.  You agree to indemnify, defend, and hold Mathstroverse (and its affiliated companies, contractors, employees, agents, and suppliers and partners) harmless from any and all claims, suits, actions, liabilities, losses, costs, damages, expenses, and any other liabilities, including without limitation attorneys’ fees, arising out of or related in any manner to your use or misuse of the Service, including without limitation your access to or use of the Service, any breach or alleged violation of the rights of any other person or entity by you, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right and any breach or alleged violation by of this Agreement.

21. SECURITY & ENFORCEMENT. Mathstroverse reserves the right in its sole discretion to review, monitor, and/or record any information relating to your use of the Service (“User Information”) without any prior notice to or permission from you, including, without limitation, by archiving content and/or communications submitted to and/or sent by you through the Service.  Mathstroverse may share any User Information Mathstroverse obtains from you with any law enforcement organization in connection with any investigation or prosecution of possible criminal or unlawful activity.  Mathstroverse will also disclose User Information as required by any court order and/or subpoena.  In addition, Mathstroverse hereby reserves the right in its sole discretion to, at any time and without notice, modify, suspend, terminate, and/or interrupt operation of or access to the Service, or any portion thereof, in order to protect the Service, Mathstroverse’s intellectual property, Mathstroverse, or the business interests of Mathstroverse and/or its members and affiliates. Additionally, Mathstroverse shall not be liable to you or to any third party for any such modifications, suspensions or discontinuances of the Service or subscriptions to the Service and shall have no obligation to refund any fees paid pursuant to this Agreement except for fees that are prepaid but unused at the time of termination in the event Mathstroverse terminate this Agreement for convenience. 

22. INJUNCTIVE RELIEF. You acknowledge that any breach, threatened or actual, of this Agreement, including, without limitation, violations or infringement of Mathstroverse’s intellectual property or proprietary rights, may cause irreparable injury to Mathstroverse, whereby such injury would not be quantifiable in monetary damages, and Mathstroverse would not have an adequate remedy at law.  In the event of such injury or potential for such injury you therefore hereby agree that Mathstroverse shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this Agreement.  

23. GOVERNING LAW. This Agreement has been made in and will be construed and enforced in accordance with the laws of the State of California as applied to agreements entered into and completely performed in the state of California.  You agree to the exclusive personal jurisdiction by and venue in any federal or state court in the State of California and waive any objection to such jurisdiction or venue and further to a jury trial in any action. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this Agreement and is hereby disclaimed.  Any claim you might have against Mathstroverse must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.  
24. ARBITRATION.You and Mathstroverse agree that any dispute, controversy, or claim, including but not limited to any federal, state, or provincial statutory claims, common law claims, including those based in tort, fraud, misrepresentation, or contract, arising out of or relating in any way to the Services or these Terms or the breach, termination, enforcement, interpretation, formation, or the validity thereof, and the issue of arbitrability (collectively, the “Dispute”), shall be resolved pursuant to binding arbitration as set forth herein. You and Mathstroverse further agree that for any dispute arising out of or relating to the subject matter of these Terms, Mathstroverse’s officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any Dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the Dispute, it shall be finally settled by binding arbitration in Los Angeles County, California. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Each side shall be responsible for its own legal costs and expenses incurred. 

(b) Small Claims Court; Infringement. Either you or Mathstroverse may assert claims, if they qualify, in small claims court in Los Angeles County, California or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.

(c) Waiver of Jury Trial. YOU AND MATHSTROVERSE WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Mathstroverse are instead choosing to have claims and Disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Mathstroverse over whether to vacate or enforce an arbitration award, YOU AND MATHSTROVERSE WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the Dispute be resolved by a judge.

(d) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Mathstroverse is entitled to arbitration; instead all claims and Disputes will be resolved in a court as set forth in (f) below.

(e) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 10866 Wilshire Blvd., Suite 1650, Los Angeles, CA 90024 ATTN: Mathstroverse Legal Opt-Out; postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.

(f) Exclusive Venue. If you send the opt-out notice in (e), and/or in any circumstances where the foregoing arbitration agreement permits either you or Mathstroverse to litigate any Dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Mathstroverse agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Los Angeles County, California, or the federal district in which that county falls.

(g) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Mathstroverse.

25. USER COMPLIANCE WITH ALL LAWS. You represent and warrant that your use of the Services will be in accordance with the Mathstroverse Privacy Policy, with these Terms of Use, and with any other applicable laws and regulations, including without limitation any local laws or regulations in your country, province, state, city, or other governmental area, regarding the Services, online conduct and acceptable content, and including all applicable laws regarding the transmission of data, software, technology, or (including technical data) exported from the United States, Canada or the country in which you reside, and with any other applicable policy or terms and conditions. You further represent and warrant that your collection and use of personally identifiable information or technical data shall be in compliance with all applicable federal, provincial, state, and local laws, rules, and regulations as the same may be amended or supplemented from time to time, pertaining in any way to the privacy, confidentiality, security, management, disclosure, reporting, and any other obligations related to the possession or use of any of personally identifiable information or technical data; including but not limited to the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM”); and the Telephone Consumer Protection Act (“TCPA”) Personal Information Protection and Electronic Documents Act (“PIPEDA”), the Canadian Anti-Spam Law commonly referred to as (“CASL”)(collectively “Privacy Laws and Regulations”). Failure to comply with Privacy Laws and Regulations will be a material breach of these Terms of Service and may result in the immediate suspension and/or termination of your account, as well as civil and/or criminal liability. You’re responsible for determining whether the Service is suitable for you to use considering your obligations under any regulations like HIPAA, GLB, EU Data privacy laws, US export control laws and regulations and economic sanctions laws and regulations, or other applicable laws. If you’re subject to regulations (like HIPAA) and you use the Service, then we will not be liable if the Service doesn’t meet those requirements.

26. TERM AND TERMINATION. This Agreement will take (re-take) effect at the time you click “I ACCEPT,” download the Service or begin using the Service, whichever is earliest.  You may uninstall or delete the Service at any time by utilizing the available uninstall or delete functionality offered by the applicable operating software or mobile device.  However, by uninstalling or deleting the Service, you will no longer be able to access the Service’s functionality or related services and will not be entitled to any refund of any amount paid for a subscription.  This Agreement will terminate automatically if (i) you fail to comply with any of its terms and conditions; or (ii) cease all use of the Service.  Termination will be effective without notice.  In addition, Mathstroverse may in its sole discretion terminate this Agreement or suspend service upon notice to you for any or no reason.  Upon termination of this Agreement, any and all right(s) to use the Service shall immediately cease and you must promptly delete or destroy all copies of the Service in your possession or control. 

27. WAIVER & SEVERABILITY. Mathstroverse’s failure to insist upon strict performance of any of the terms and conditions of this Agreement by you will not operate as a waiver of any subsequent default or failure of performance.  If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable pursuant to applicable law or court order including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision(s) that most clearly matches the intent of the original provision and the remainder of this Agreement shall continue in effect.

28. MODIFICATIONS TO THESE TERMS. These Terms of Use are subject to change. Mathstroverse may modify these terms and conditions at any time by posting or sending you a revised version of the Agreement and may do so without advance notice to you.  Accordingly, please review the terms and conditions found at this location on a periodic basis.  Each time you access the Service, you agree to be bound by the Agreement in effect at the time you access the Service.  If you do not agree to the revised terms, do not use the Service.
29. MISCELLANEOUS.  You hereby agree that (a) this Agreement operates in addition to any terms of use imposed or required by Apple Inc., Google, Inc., Microsoft, Inc. or any other digital download platform from which you download the Service (“App Provider Terms”); and (b) the terms of this Agreement supplement and do not alter or amend any such App Provider Terms.  Headings are for convenience only. This Agreement and Mathstroverse’s Privacy Policy found at https://www.mathstroverse.com/privacy-policy represent the entire agreement between you and Mathstroverse with respect to use of the Service, and hereby supersede all prior and/or contemporaneous communications and proposals, whether electronic, oral, or written between you and Mathstroverse.  You may not assign, delegate, or transfer any rights under this Agreement without the prior express written consent of Mathstroverse, which may be withheld in Mathstroverse’s sole discretion. 

CONTACT INFORMATION

Email: support@stemlins.com