Math Center - Terms of Use

Last Revised: Match 7, 2020

Math-Center.org advanced Learning Ltd (" Math Center", the " Company"" we" or" our") welcomes you (the "User(s)", or " you") to our primary website at www.math-center.org and its subdomains (the " Site"). Our Site provides a platform for teaching aids and other services in the field of mathematics (the " Services", as further defined below). Each of the Site's Usersmay use the Site in accordance with the terms and conditions hereunder.

1. Acceptance of the Terms

By entering, connecting to, accessing or using the Site, you acknowledge that you have read and understood the following terms of use, including the terms of our Privacy Policy available at: www.math-center.org/privacy-policy (collectively, the " Terms") and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Site and you acknowledge that these Terms constitute a binding and enforceable legal contract between the Company and you.You hereby represent that you possess the legal authority to enter into these Terms on your behalf and to form a binding agreement under any applicable law, to use the Site in accordance with these Terms, and to fully perform your obligations hereunder. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE THE SITE AND/OR THE SERVICES IN ANY MANNER.

2. Minors

Children of all ages may use the Site if enabled by a parent or legal guardian. If you are under 16, you must have your parent or legal guardian's permission to use the Site.

Please note that certain features of the Site may require registration and/or the payment of certain fees, and as such we reserve the right to impose, in our discretion, age restrictions on certain features use of the Site or otherwise require explicit parental consent or proof of age in order to allow access to our Site .

If you are a parent or legal guardian of a user under the age of 16, by allowing your child to use the Site, you are subject to these Terms and responsible for your child's activity on the Site.

3. The Site and the Services

Our Site offers a teaching and computerized training platform in the field of mathematics. Amongst others, the Site provides to its Users online workbooks and exercises and may offer an interactive way of implementing and improving Users' math skills (collectively, the "Workbooks"). Additional services may be offered via the Site in the future.

Please note that in order to use our Site and access our Workbooks, you will be required to open an Account (as further defined below.) In addition, please note that use of part of our Site is currently offered free of charge. We may suspend and terminate such offer, at any time and at our sole discretion, without notice. We reserve the right to charge fees for certain features or services available via our Site at our sole discretion. We will inform in advance before any such fees and/or charges come into effect. You hereby acknowledge and agree that you may be charged for Internet, maintenance of network connection and data usage charges made through use of the Site, according to the applicable rates charged by your respective third party Internet and data usage service provider as may be from time to time.

The Site provides you with Workbooks and other features, and may provide you with comprehensive information regarding, inter-alia, the Company, our products and services, concept and company overview, including any other content related thereto such as contact information, videos, photos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the "look and feel" of the Site, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, User Generated Content (as such term is defined below) and other features obtained from or through the Site (collectively, the " Content").

(collectively, the "Service(s)")

THE SITE, THE CONTENT AND THE WORKBOOKS ARE INTENDED FOR PERSONAL USE ONLY, AND ANY PEDAGOGICAL OR COMMERCIAL USE THEREOF, INCLUDING BY SCHOOLS AND OTHER EDUCATIONAL INSTITUTIONS, REQUIRES THE PRIOR WRITTEN APPROVAL OF THE COMPANY.

ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE SITE ARE RESERVED TO THE COMPANY OR ITS LICENSORS. TO THE EXTENT LEGALLY PERMISSIBLE, THE SITE AND/OR WORKBOOKS AND THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN " AS IS " BASIS. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SITE AND/OR WORKBOOKS AND/OR THE CONTENT AVAILABLE THEREIN.

YOUR USE OF THE SERVICES AND/OR THE SITE AND/OR WORKBOOKS AND/OR THE CONTENT AVAILABLE THEREIN IS ENTIRELY AT YOUR OWN RISK.

COPYRIGHT © TO SOME OF THE CONTENT ON OUR SITE BELONGS TO MATH SALAMANDERS LIMITED. ALL RIGHTS RESERVED. MATH SALAMANDERS LIMITED ASSERTS ITS MORAL RIGHT TO BE IDENTIFIED AS THE AUTHOR OF SUCH WORKS IN ACCORDANCE WITH THE COPYRIGHT, DESIGNS AND PATENTS ACT 1988.

4. Registration

In order to use the Site and access the Workbooks, you are required to create a user account and provide us with certain personal details, as further detailed in our Privacy Policy (the " Account").

In order to protect the security of your personal information available on your Account to the greatest extent possible, you must safeguard and not disclose your Account log-in details and you must supervise the use of such Account.

You may not assign or transfer your rights or delegate your duties under the Account without the prior written consent of the Company. You must notify us immediately of any unauthorized use of your Account or any other breach of security and in such event you must change your password immediately via the settings in the Site. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with these Terms, i.e., if someone else accesses your Account through the registration information he/she has obtained from you or through a violation by you of these Terms, or for any unauthorized use of your password or Account or any other breach of security.

If you wish to cancel and remove your Account, please send us an e-mail of your request to: support@math-center.org. Your Account will terminate within reasonable time following your request, and from that date of termination you will no longer be able to access your Account (see further details with respect thereto in the Privacy Policy).

CANCELLING YOUR ACCOUNT MAY CAUSE THE LOSS OF CERTAIN INFORMATION YOU PROVIDED US AND/OR THE CAPACITY OF YOUR ACCOUNT. WE DO NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.

5. Consideration

The features or services of our Site are offered either for charge or free. We may suspend and terminate our free features or services, at any time and at our sole discretion, without notice. We reserve the right to charge fees for certain features or services available via our Site in the future, at our discretion. We will notify you in advance, by placing a notice on our Site, before any charges or fees relating to such use come into effect.

The following terms shall apply to the extent that any charges or fees for use of, or access to, the Site apply:

  • Access to the Site will be subject to a subscription to a monthly payment plan, in accordance with the payment model and any additional details specified in our pricing on the Site (" Subscription"). We may (but are not obligated to) provide free trial Subscription or other benefits from time to time, at our sole discretion.
  • All payments will be considered final and nonrefundable once they are charged.
  • The Subscription is billed in advance every thirty (30) days, starting at the time of registration to the Service. To the extent applicable, if you do not provide your credit card or other payment information to the Company before the expiration of any free trial period (if any), your Account will be suspended until payment information and charge authorization are provided (and then you will be promptly billed and, if applicable, any trial period will terminate).
  • If you fail to pay your Subscription fee on time, or if your credit card payment information is entered in error or does not go through for processing and you do not update payment information upon our request, your entire Subscription and Account may be suspended or cancelled.
  • The Company reserves the right to modify the fees and prices for its Services at any time and at its sole discretion. Such pricing changes will NOT affect your already paid-up Subscription period. Existing Accounts shall receive an email notification of price changes, at least 30 days prior to such changes taking place. If no objection is raised by you, or unless you terminate your Account via the Site, the updated pricing and pricing terms shall automatically take effect upon the commencement of your following Subscription period.
  • Payments for your Subscription will be processed via certain online payment service providers, such as Paypal (" Online Payment Processors"). We may add or change the Online Payment Processors in our sole discretion. The Online Payment Processors enable you to send payments securely online using a credit card, debit card or bank account. We do not control and are not affiliated with such Online Payment Processors. These Online Payment Processors are independent contractor and have no employment or agency relationship with the Company. The Company is not responsible in any way for the actions or performance (or lack thereof) of the Online Payment Processors. The use of the Online Payment Processors is at your own risk. It is your responsibility to abide by all the terms specified by the Online Payment Processors in their terms of use and privacy policies. You acknowledge that you are fully assuming the risks of conducting any transactions via the Online Payment Processors.

6. Use Restrictions

There are certain conducts which are strictly prohibited when using the Site . Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at the Company's sole discretion) in the termination of your use of the Site and/or Content and may also expose you to civil and/or criminal liability.

Unless otherwise explicitly permitted under these Terms or in writing by the Company, you may not (and you may not permit anyone to): (a) use the Site and/or Workbooks and/or the Content for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the Site and/or Workbooks and/or Content for non-personal or commercial purposes; (c) remove or disassociate, from the Content and/or the Site and/or Workbooks any restrictions and signs indicating proprietary rights of the Company or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®); (d) interfere with or violate Users' rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Site and retrieve, index and/or data-mine information; (e) interfere with or disrupt the operation of the Site or the servers or networks that host the Site , or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (f) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Site and/or Workbooks; (g) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our Site infrastructure, as determined by us; (h) bypass any measures we may use to prevent or restrict access to the Site ; (i) copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made accessible by the Company on or through the Site and/or Workbooks, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content; (j) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to the Company's proprietary rights, including the Company's Intellectual Property (as such term is defined below), in any way or by any means; (k) make any use of the Content on any other site or networked computer environment for any purpose without the Company's prior written consent; (l) create a browser or border environment around our Content (no frames or inline linking is allowed); (m) sell, license, or exploit for any commercial purposes any use of or access to the Site and/or Workbooks and/or the Content; (n) frame or mirror any part of the Site and/or Workbooks without the Company's prior express written authorization; (o) create a database by systematically downloading and storing all or any of the Content from the Site and/or Workbooks; (p) transmit or otherwise make available in connection with the Site and/or Workbooks any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (q) use the Site and/or Workbooks for any purpose for which the Site is not intended; and/or (r) infringe and/or violate any of the Terms.

7. User Generated Content

The Site may allow you to upload, post, publish and make available through it your own copyrightable materials such as, images, literary works, text material and any other proprietary materials, including without limitation commenting on the Content (the " User Generated Content"). Please be sure that while you use the Site you respect the proprietary rights including any intellectual property and privacy rights of third parties who have any rights with respect to the User Generated Content you uploaded to the Site. Math Center will not bear any liability for any loss, damage, cost or expense that you may suffer or incur as a result of or in connection with uploading any User Generated Content.

As long as the User Generated Content is subject to the applicable copyright law, such User Generated Content shall remain at all times, and to the extent permitted by law, the sole and exclusive property of the User.

You understand and agree that you are solely responsible for your User Generated Content and the consequences of posting or publishing such material, on the Site, in any way.

You represent and warrant that you are the rightful owner of the User Generated Content you upload to the Site or that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the rightful owners of such User Generated Content and that such User Generated Content does not infringe any third party's intellectual property rights or other rights (including without limitation, any privacy rights, publicity rights, copyrights, or any other intellectual property rights).

IT IS THE USER'S RESPONSIBILITY TO OBTAIN ANY AND ALL CONSENTS REQUIRED UNDER ANY APPLICABLE LAWS, REGARDING THE POSTING OF ANY PERSONAL INFORMATION OF OTHERS WHICH IS PART OF THE USER GENERATED CONTENT, AND TO ADHERE TO ANY APPLICABLE LAWS REGARDING SUCH INFORMATION.

Except as expressly permitted herein, you expressly agree that the User Generated Content will not include any unsolicited promotions, advertising, contests or raffles.

You agree that you will not post or upload any User Generated Content containing content which is unlawful for you to possess, post or upload in the country in which you are resident, or which it would be unlawful for Math Center to use or possess in connection with the Site (including but not limited to any content which is defamatory, libelous, pornographic, indecent, harassing, threatening, abusive or fraudulent).

Although Math Center has no obligation to screen, edit or monitor any of the User Generated Content, Math Center explicitly reserves the right, at its sole discretion, to remove or edit, without giving any prior notice, any User Generated Content available on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Generated Content you post or store on the Site at your sole expense.

When you upload, post, publish or make available any User Generated Content on the Site, you grant to (i) Math Center an irrevocable, perpetual, non-exclusive, royalty-free, transferable, assignable, fully sub-licensable and worldwide license, to use, reproduce, distribute, transmit, create derivative works of, display, copy, make available to the public and perform that User Generated Content, along with the name that you submit in connection with such User Generated Content, in connection with the Site, whether through the Internet, mobile devices or otherwise, in any media formats and through any media channels known today and developed in the future; and (ii) each User of the Site a non-exclusive and royalty-free license to access your User Generated Content through the Site and to use such User Generated Content solely for personal and non-commercial purposes. The Company may publish and use any User Generated Content without the Users prior consent. You hereby agree and understand that you will not be entitled to prevent any transfer of User Generated Content to any third party. The Company shall not bear any liability for any use by any third party of the User Generated Content. In addition, you hereby explicitly waive any moral right you may have in and to the User Generated Content and forever waive and agree not to claim or assert any entitlement to any and all moral rights in any of the User Generated Content.

MATH CENTER TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER GENERATED CONTENT UPLOAD, POSTED, PUBLISHED AND MADE AVAILABLE BY YOU OR ANY THIRD PARTY IN THE SITE, OR FOR ANY LOSS OR DAMAGE THERETO, NOR IS MATH CENTER LIABLE FOR ANY MISTAKES, DEFAMATION, LIBEL, FALSEHOODS, OBSCENITIES OR PORNOGRAPHY YOU OR ANY OTHER THIRD PARTY MAY ENCOUNTER VIA THE SITE.

8. Social Media Features

The Site may include social sharing and posting features and other integrated tools (for example theFacebook "Share" buttons, Pinterest, YouTube, Twitter, LinkedIn etc.) (" Social Features").

The Social Features are operated or allow for social integration with certain third party social networks or third party Sites (" Social Network"). These are created and maintained by third parties who are not affiliated with and/or controlled by us. Your use of the Social Features is subject to the applicable third party Social Network terms of use and privacy policies. If you do not agree to the practices described in such terms you should not use the Site's integration with such Social Networks, however you may find that you are not able to enjoy all the features available by our Service. Arch-Intelligence is not responsible and has no liability for your use of such Social Networks.

9. Privacy Policy

We respect your privacy and are committed to protect the information you share with us. We believe that you have a right to know our practices regarding the information we collect when you connect to, access or use the Site . Our policy and practices and the type of information collected are described in detail in our Privacy Policy at www.math-center.org/privacy-policy which is incorporated herein by reference. You agree that the Company may use personal information that you provide or make available to the Company in accordance with the Privacy Policy. If you intend to access or use the Site you must first read and agree to the Privacy Policy.

10. Intellectual Property Rights

The Site, the Workbooks, the Content and the Company's proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, domain names and trade secrets, whether or not registered or capable of being registered (collectively, " Intellectual Property"), are owned by and/or licensed to the Company and are protected by applicable patent, copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by the Company and its licensors.

The Terms do not convey to you an interest in or to the Company's Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of the Company's Intellectual Property under any law.

To the extent you provide any feedbacks, comments or suggestions to the Company (" Feedback"), the Company shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any of the Company's current or future products, technologies or services and use same for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential. Further, you warrant that your Feedback is not subject to any license terms that would purport to require the Company to comply with any additional obligations with respect to any the Company current or future products, technologies or services that incorporate any Feedback.

11. Trademarks and Trade names

the Company's marks and logos and all other proprietary identifiers used by the Company in connection with the Site (" the Company's** Trademark**s") are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Site belong to their respective owners ("Third Party Marks"). No right, license, or interest to the Company's Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.

We welcome links to any page on our Site. You are free to establish a hypertext link to the Site so long as the link does not state or imply any connection or approval of your website, products and/or services by the Company and does not portray the Company in a false or otherwise offensive manner. You may not link to our Site from a site that you do not own or have permission to use. In the event that you link to the Company's Site you represent that your site does not contain content that is unlawful, offensive or infringing third party rights. However, we do not permit framing or inline linking.

Certain links provided herein permit our Users to leave this Site and enter non- Company sites or services. Those linked sites and services are provided solely as a convenience to you. These linked sites and services are not under the control of the Company and it is not responsible for the availability of such external sites or services, and does not endorse and is not responsible or liable for any content including but not limited to content advertising, products or other information on or available from such linked sites and services or any link contained in linked sites or service. In addition, the Company is not responsible or liable for such linked sites and services' privacy practices and/or any other practices. Your access to, use of and reliance upon any such sites, services and content and your dealings with such third parties are at your sole risk and expense. the Company reserves the right to terminate any link at any time. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused, by or in connection with use of or reliance on any services, content, products or other materials available on or through such linked sites or resource. Most of such linked sites and services provide legal documents, including terms of use and privacy policy, governing the use thereof. It is always advisable, and we encourage you to read such documents carefully before using those sites and services, inter alia, in order to know what kind of information about you is being collected.

13. Availability

The Site 's availability and functionality depends on various factors, such as communication networks. the Company does not warrant or guarantee that the Site will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.

14. Changes to The Site

The Company reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently the Site (or any part thereof, including but not limited to Workbooks and/or the Content) without notice, at any time. In addition, you hereby acknowledge that the Content provided under this Site , including Workbooks, may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that the Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site and/or the Workbooks or the Content included therein. You hereby agree that the Company is not responsible for any errors or malfunctions that may occur in connection with the performance of such changes.

15. Disclaimers and No Warranties

TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE SITE, THE WORKBOOKS AND CONTENT ARE PROVIDED ON AN " AS IS", " WITH ALL FAULTS" AND " AS AVAILABLE" BASIS, AND THE COMPANY, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (COLLECTIVELY, " THE COMPANY'S** REPRESENTATIVES**"), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE.

WE DO NOT WARRANT (I) THAT THE USE AND OPERATION OF THE SITE AND/OR THE WORKBOOKS AND/OR THE CONTENT IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) THAT WE WILL CORRECT ANY ERRORS OR DEFECTS IN THE SITE AND/OR THE WORKBOOKS AND/OR THE CONTENT, (III) AND/OR MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE SITE AND/OR THE WORKBOOKS AND/OR CONTENT AVAILABLE THEREON OR THROUGH THE SITE (INCLUDING THAT THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS). THE COMPANY AND THE COMPANY'S REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SITE AND/OR THE WORKBOOKS AND/OR THE CONTENT, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE SITE AND/OR THE WORKBOOKS AND/OR THE CONTENT, AND ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND/OR INFORMATION DISPLAYED WITHIN THE SITE (INCLUDING THE WORKBOOKS).

WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.

YOU AGREE THAT USE OF THE SITE AND/OR THE WORKBOOKS AND/OR THE CONTENT THEREIN IS ENTIRELY AT YOUR OWN RISK.

INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.

16. Limitation of Liability

TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL THE COMPANY, INCLUDING THE COMPANY'S REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY), INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION, ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE SITE AND/OR THE WORKBOOKS AND/OR THE CONTENT, ANY COMMUNICATIONS AND INTERACTIONS OR MEETINGS WITH USERS OF THE SITE , OR OTHER PERSONS WITH WHOM YOU COMMUNICATE AS A RESULT OF YOUR USE OF THE SITE AND/OR THE WORKBOOKS AND/OR THE CONTENT, YOUR USE OR INABILITY TO USE THE SITE AND/OR THE WORKBOOKS AND/OR THE CONTENT AND/OR THE FAILURE OF THE SITE AND/OR THE WORKBOOKS TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM ANY CONTENT, OR FROM THE PERFORMANCE OR FAILURE OF THE COMPANY TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF THE COMPANY OR THE COMPANY'S REPRESENTATIVES BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER THE COMPANY OR THE COMPANY'S REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, THE COMPANY'S AND THE COMPANY'S REPRESENTATIVES' TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE AND/OR THE WORKBOOKS AND/OR THE CONTENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO THE COMPANY FOR USE OF THE SITE OR $US1.00, WHICHEVER IS GREATER. YOU WILL NOT, AND WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM US AND FROM THE COMPANY'S REPRESENTATIVES.

INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.

17. Indemnification

You agree to defend, indemnify and hold harmless the Company, including The Company's Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) your use, misuse of, inability to use and/or activities in connection with the Site and/or Workbooks and/or Content; (ii) your violation of any of theseTerms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party, in connection with your use of the Site ; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Site and/or Workbooks and/or the Content. It is hereby clarified that this defense and indemnification obligation will survive these Terms.

Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.

18. Amendments to the Terms

The Company may, at its sole discretion, change the Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the Site and/or will send you an e-mail (to the extent that you provided us with such e-mail address) regarding such change. Such material changes will take effect seven (7) days after such notice was provided on our Site or sent via e-mail, whichever is the earlier. Otherwise, all other changes to these Terms are effective as of the stated "Last Revised" date and your continued use of the Site on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.

19. Termination of these Terms and the Termination of the Site's operation

At any time, the Company may without notice discontinue your use of the Site , at its sole discretion, in addition to any other remedies that may be available to the Company under any applicable law.

Additionally, the Company may at any time, at its sole discretion, cease the operation of the Site or any part thereof, temporarily or permanently, delete any information, Workbook or Content from the Site or correct, modify, amend, enhance, improve and make any other changes thereto or discontinue displaying or providing any information, Workbook, Content or features therein without giving any prior notice. You agree and acknowledge that the Company does not assume any responsibility with respect to, or in connection with the termination of the Site's operation and loss of any data. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the forgoing, the Intellectual Property, Disclaimer and Warranties, Limitation of Liability, Indemnification and General sections will survive the termination of the Terms.

20. General

(a) These Terms constitute the entire terms and conditions between you and the Company relating to the subject matter herein and supersedes any and all prior written or oral agreements or understandings between you and the Company, (b) any claim relating to the Site or the use thereof will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied, (c) any dispute arising out of or related to the Site will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts located in the city of Tel Aviv-Jaffa, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, the Company may seek injunctive relief in any court of competent jurisdiction, (d) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (e) no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (f) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (g) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (h) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification, (i) no amendment hereof will be binding unless in writing and signed by the Company, and (j) the parties agree that all correspondence relating to these Terms shall be written in the English language.

21. For information, questions or notification of errors, please contact :

If you have any questions (or comments) concerning the Terms, you are most welcome to send us an e-mail to support@math-center.org

15629/6000/7600814v4

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