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UNLOCK MATH: TERMS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

The services provided on this website are operated by UnLock Math. The Terms of Use set out below (“Terms”) are a legal contract between you, an individual subscriber, customer, member, or user (“you”) and UnLock Math regarding your use of this website. By using the services provided on this website, you acknowledge that you have read, understood and agree to be bound by these Terms. If you are a parent or a guardian and you provide consent for your minor child to use this website, you agree to be bound by these Terms in respect of such child’s use of this website.

Unlock Math reserves the right to change the Terms at any time. Please review these terms and conditions periodically for changes. Your continued use of this website after the posting of changes constitutes your binding acceptance of such changes. For any material changes to the Terms, UnLock Math will make reasonable effort to provide notice to you of such amended Terms, such as by posting a notice on this website, and such amended terms will be effective against you on the earlier of (i) your actual notice of such changes and (ii) thirty days after UnLock Math makes reasonable attempt to provide you such notice. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose. These terms and conditions were last updated on February 18, 2016.

DESCRIPTION OF SERVICE

1. Unlock Math provides its members with a service to help learn and practice mathematics through this website and any of the content, including without limitation, video lessons, assignments, quizzes, and reference notes (“Content”). When members register for a course, they will only have access to the Content for such course and any other Content on the website that is available without subscription, as determined by UnLock Math in its sole and absolute discretion. A parent or legal guardian will also be able to review his/her child’s progress and grades either through their his/her own login access or by clicking a link provided for this purpose in the login area of the main account. Unless otherwise expressly stated, any new features added to the website, including new Content shall be subject to these Terms.

2. To use the website and the Content, you must have Internet access and pay any service fees associated with such access, including the service fees associated with data plans on mobile, handheld devices and/ with broadband internet access on computers.

ENROLLMENT AND REGISTRATION

3. Membership registration must be completed by an adult who is at least the age of majority in their province or territory of residence. Where a minor will be using the website, membership registration must be completed by a parent or legal guardian, and the minor must have the consent of their parent and/or guardian to use the website. We strongly encourage parents or guardians to review the Content on this website with their children and teens to ensure the children understand these Terms and our Privacy Policy.

4. When an adult who is at least the age of majority in their province or territory of residence registers, we require: (i) his/her first and last name, address, phone number, email address; (ii) the name of the student(s) who will be accessing the Content and participating in the courses; (iii) the course(s) for which he/she would like to register for; (iv) how often membership fees will be billed (monthly or yearly); and (v) his/her credit card information.

5. When you provide UnLock Math with personal information on the website, you expressly permit UnLock Math to use such information in accordance with its Privacy Policy. You further agree to provide true, accurate, current and complete information and maintain and update your information to keep it true, accurate, current and complete.

6. You will be required to provide or will be assigned a password and a username (email address provided at registration) upon registering with UnLock Math. The username (email address) may be changed to be that of the student using the website; however, minors must have the consent of their parent or legal guardian to make this change. Parents or legal guardians may also be assigned their own login information in accordance with the provisions of this Section 1. You are responsible for maintaining the confidentiality of the password and your username and are solely responsible for all activities that occur under your account. You agree to (i) immediately notify UnLock Math of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. UnLock Math will not be liable for any loss or damage arising from your failure to comply with this provision.

7. UnLock Math accounts may not be shared by more than one person without the prior written consent of UnLock Math.

BILLING AND CANCELLATION

8. By providing your credit card information, you are expressly agreeing that UnLock Math is authorized to charge you the then-current membership fee (plus applicable taxes) associated with the type of membership (monthly or yearly) you chose during registration. Please note that prices of fees are subject to change with notice.

9. You will be billed on the date that you register for the membership, and your membership will be automatically renewed at the start of each billing cycle (i.e. you will be billed each month or year, as applicable), on the calendar day corresponding to your billing date thereafter unless and until you cancel your membership.

If your monthly membership began on a day not contained in a given month, you will be billed on the last day of such month. For example, if you registered on January 31 for monthly billing, you will be billed next on February 28.

10. If you decide to cancel your subscription within thirty (30) days of registering, a full refund will be provided. No refunds will be provided after the expiry of thirty (30) days from the date of registration.

11. You must cancel your membership prior to the end of a billing period to avoid being billed for the next membership period. Membership benefits are fully earned upon payment. Therefore, if you cancel your membership in the middle of your billing cycle, your membership will continue until the end of the billing cycle and no refund will be provided for any partial membership period remaining after cancellation. For example, if you are billed monthly, were last billed on March 2, and decided to cancel your subscription on March 14, your membership (and access to the Content) would continue until April 1 and you would not be eligible for any reimbursement of the March 2nd payment. To cancel your membership, email us at info@unlock math.com or follow the prompts under the “My Accounts” tab when you are logged in.

MONITORING

12. UnLock Math bears no responsibility or liability for any information or content posted by you or any third party (“Third Party Content”), including, without limitation, any material publicly or privately transmitted or posted through the online forums or UnLock Math’s social platform.

13. While UnLock Math is under no obligation to do so, UnLock Math may monitor the website periodically for inappropriate content, including, without limitation, comments and usernames, as well as to respond to any questions or requests that may come through the website, for example, a request to cancel a user account that is sent through the online forums or the social platform.

14. You may encounter Third Party Content on this website which may be offensive or objectionable to you, such as a comment or message on an online forum or the social platform. If you think the Third Party Content is objectionable or offensive, please let UnLock Math know by sending an email to info@unlockmath.com. UnLock Math reserves the right to remove, modify or edit, without notice, any Third Party Content for any reason, but UnLock Math shall have no obligation to delete any content that you or anyone else may find objectionable or offensive.

OUR RIGHTS AND YOUR COMMENTS

15. By posting or transmitting content using the website, including, without limitation, on UnLock Math’s online forums or social platform, you automatically: (1) represent, warrant and undertake to UnLock Math that it complies with these Terms; (2) irrevocably grant to UnLock Math the perpetual, irrevocable, worldwide, royalty-free, fully paid up right, license, and permission to publish, display, produce, reproduce, perform, convert, adapt, publicly present, communicate to the public, assign, sub-license, edit, dispose of, modify, translate, prepare derivative works form or incorporate into other works or otherwise use any comments or content, in whole or in part, in commerce and in future publications and in any and all media, including, without limitation, in advertising and marketing materials (“Permitted Purposes”); (3) agree that Unlock Math will not attribute your comments or content to you, and will not compensate you for using your comments for Permitted Purposes; (4) irrevocably waive in favour of UnLock Math, its affiliates (including, without limitation, any parent, sister and subsidiary companies), successors and assigns, any and all moral rights you may have in your comments or content in connection with a Permitted Purpose.

16. By posting or transmitting content using the website, including, without limitation, on UnLock Math’s online forums or social platform, you also acknowledge and agree that any such content will comply with the following:
a. the content must not copy or plagiarize pre-existing work that is not your original creation;
b. the content must be appropriate for the website and all ages, in good taste, and in keeping with UnLock Math’s image, as determined by UnLock Math in its sole and absolute discretion. For example, and without limitation, content must not be sexually explicit or suggestive, indecent, obscene, profane, hateful, disparaging, discriminatory, tortious, defamatory, slanderous, libelous or infringing any third party rights or otherwise inappropriate, as determined by UnLock Math in its sole and absolute discretion; and
c. otherwise comply with these Terms.

17. You agree that UnLock Math may preserve and disclose any content associated with your account, where required to do so as necessary to satisfy any law, regulation or other governmental or law enforcement request, or where such preservation or disclosure is reasonably believed by us to be necessary to ensure compliance with any law, regulation or other governmental or law enforcement request, to enforce the Terms or protect our or any other person’s rights and interests.

18. Please do not send UnLock Math unsolicited ideas or materials for Content. If you send your own ideas or materials, you will waive any and all rights that you may have in such ideas or materials. UnLock Math will not have any obligation of confidentiality for such ideas or materials, and will not be liable for any use or disclosure of these ideas or materials whatsoever. Without limitation of the foregoing, UnLock Math shall be entitled to unrestricted use of the information contained in these ideas or materials for any purpose whatsoever, commercial or otherwise, without any compensation to you or any third party.

INTELLECTUAL PROPERTY

19. All content on the website is the property of UnLock Math or third parties, unless otherwise stated. You may not copy, distribute, frame, reproduce, republish, alter, modify, display, post, transmit or sell the website, or any part of the website, including without limitation the Content, without UnLock Math’s permission.

20. You are granted a limited right and permission to access and print a copy of any part of the website, including, without limitation, the Content, solely for your personal, non-commercial use, provided that you keep all copyright and other proprietary notices intact.

Any use of the website or the Content other than as specifically authorized herein, without the prior written permission of UnLock Math, is strictly prohibited and will terminate the license granted herein and your ability to use the website. Such unauthorized use may also violate applicable laws. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights. This license is revocable at any time without prior individual notice and with or without cause.

21. “UNLOCK MATH”, “UNLOCK ALGEBRA” “UNLOCK PRE-ALGEBRA” and related words, domain names and logos are trademarks and the property of UnLock Math. Other trademarks, product names and company names or logos shown on the website are the property of their respective owners.

22. The material contained on the website, including without limitation all content, site design, text, graphics, and the selection and arrangement thereof, and all intellectual property rights therein are the sole property of UnLock Math, except as otherwise expressly provided herein.

MODIFICATIONS TO THE WEBSITE AND TERMINATION

23. UnLock Math, in its sole and absolute discretion, may change, modify, add, delete, restrict or discontinue any aspect of the website, including the Content or your access to or use of the website, including the Content. You acknowledge and agree that any modification of your access to, or use of, the website, including the Content, may be effected without prior individual notice or liability. In the event that the website is permanently discontinued, UnLock Math’s liability is limited to the subscription amount you have paid, pro-rated to the amount of time remaining on your subscription period.

24. In addition to any other remedies under these Terms, UnLock Math, in its sole and absolute discretion, shall have the right to revoke your privileges to use all or a portion of this website or take any other appropriate measures to enforce these Terms. For example, UnLock Math may suspend, cancel or terminate your access to the website (or any part thereof), your enrolment and/or deactivate or delete your account, in the event you breach these Terms.

LINKS TO THIRD PARTY WEBSITES

25. The website contains links to other websites ("Third Party Websites"). Third Party Websites are not investigated, monitored or checked for accuracy or appropriateness, and Unlock Math is not responsible for any of their content. The inclusion of any link does not imply endorsement by UnLock Math of the Third Party Website or of the owner of the Third Party Website. If you decide to access Third Party Websites, you do so at your own risk. UnLock Math bears no responsibility or liability for the content of any other websites linked to or from this website.

DISCLAIMER

26. All services and content available on this website is provided to you “as is” and “as available” without representation, warranty or condition of any kind, either express or implied, including, but not limited to, the implied representations, conditions and warranties of merchantability, fitness for a particular purpose, and non-infringement.

27. Without limiting the generality of the foregoing, UnLock Math makes no representation, condition, guarantee or warranty, express or implied, that: (i) this website, including the Content, will meet your requirements or the educational curriculum requirements of your jurisdiction; (ii) your access to and use of the website, including the Content and any functions contained on the website, will be uninterrupted, timely, secure or error-free; (iii) your performance based on your use of the website will result in your desired-level of achievement, goals or success; (iv) the quality of the website and/or any Content will meet your expectation; (v) this website or the server that makes it available are free of viruses or other harmful components. UnLock Math does not make any representations, conditions, guarantees or warranties, express or implied, in terms of the Content’s correctness, accuracy, reliability, or otherwise.

28. Your use of this website is at your sole risk, and you assume full responsibility for any costs associated with your use of this website. You agree and acknowledge that UnLock Math and its affiliates (including, without limitation, any parent, sister and subsidiary companies), contractors and suppliers of services related to the website, and all of their respective, employees, directors, officers, shareholders, agents, partners, licensors, licensees, successors and assigns (collectively, “Releasees”) will not be liable for any damages arising out of or in connection with your use (or inability to use) of this website, or any site linked from this site.

29. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNLOCK MATH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF UNLOCK MATH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, INTERRUPTIONS IN ACCESS TO AND USE OF THE WEBSITE, THE CONTENT AND ANY FUNCTIONS CONTAINED ON THE WEBSITE; (ii) UNACCEPTABLE PERFORMANCE OR ACHIEVEMENT AFTER USE OF THE CONTENT; (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; (v) LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE.

30. IN NO EVENT WILL THE RELEASEES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF THE WEBSITE OR YOUR INTERACTION WITH OTHER WEBSITE USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE DURING THE BILLING PERIOD OF THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.

INDEMNITY

31. You agree to indemnify and hold the Releasees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the website, any content that you submit, post transmit or make available through the website, your connection to the website, your violation of the Terms, or your violation of any rights of a third party.

DISPUTE RESOLUTION

32. You agree to contact UnLock Math directly to give us the opportunity to resolve any and all disputes before you take any action in court. Except where prohibited by law, you waive any right to commence or participate in any class action against us.

JURISDICTION AND GOVERNING LAW

33. This is a Canadian website, controlled from the Province of Ontario. The Terms will be construed according to the laws of Ontario and Canada, as applicable therein, without regard to conflict of laws principles. By accessing the website, you agree to submit to the non-exclusive jurisdiction and venue of the courts of the Province of Ontario.

GENERAL

34. These Terms constitute the entire agreement and understanding between you and UnLock Math.

35. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way.

36. Section headings in these Terms are included for convenience of reference and shall not affect the meaning of the language included within the Terms.

37. Upon termination of the Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including without limitation sections 26-32.