Términos de uso

 

By accessing of using the Mathnasium website (this site), you agree to be bound by these terms of use (“Terms of Use”). This Site is owned and controlled by Mathnasium Franchisor LLC, a California limited liability company, whose servers are located in the United States of America (“U.S.”), as the parent company of Mathnasium Franchisor LLC, a company incorporated in England and Wales (“Mathnasium,” “our,” “we,” or “us”). THESE TERMS OF USE AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE TO BE BOUND BY ALL THESE TERMS OF USE, DO NOT ACCESS OR USE THIS SITE.

  1. Mathnasium locations are independently owned franchises.

Each Mathnasium Center is independently owned and operated by a Mathnasium franchisee. Information about specific locations, such as biographies, schedules, and pricing, is provided by the individual Mathnasium franchisee and is their responsibility.

  1. Your user license.

We grant you a limited, non-exclusive, non-transferable license to access this Site and its content for your personal and non-commercial use in accordance with these Terms of Use. If you are under 16 years old, you may use this Site only with parental or guardian consent.

  1. Limits of use.

You must use this Site only for lawful purposes. You must not take any action that could compromise the security of this Site, make this Site inaccessible to others, or cause damage to this Site or its content. You must not attempt to access content that is not intended for you. You agree not to use this Site in any way that could interfere with the rights of Mathnasium or any other person.

This Site displays text, photographs, drawings, videos, trademarks, and other types of content. All of this, including its organization, selection, and arrangement, as well as various software or programming within or related to this Site, belong to Mathnasium. No content from this Site may be modified, copied, reproduced, republished, downloaded, posted, displayed, transmitted, performed, licensed, used to create a derivative work, transferred, sold, or distributed without Mathnasium’s prior written consent.

You must not frame or mirror material from this Site on any server or other location; use meta tags or other hidden text using our trademarks; use any deep linking, page scraping, robot, spider, crawler, or other automated methods to access, copy, record, or distribute any part of this Site; or use the information on this Site to contact or solicit us or our franchisees, except where indicated, such as on the contact us page. Unauthorized use or activity related to this Site, whether on any other website, computing environment, network, communication system, or other media, is prohibited.

  1. No modification of this site.

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

  1. Links to third-party websites. 

There may be links from this Site to third-party websites or information. If you use these links, you will leave this Site. Mathnasium does not control or maintain any of these third-party websites or any of their content. Mathnasium provides links for your convenience only, and the inclusion of any link to a non-Mathnasium site does not constitute an endorsement by Mathnasium of that site or its content. Mathnasium assumes no responsibility for any third-party site linked to or from this Site. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THIS SITE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY, AND MATHNASIUM IS NOT RESPONSIBLE FOR THE DATA YOU PROVIDE ON SUCH SITES.

  1. Indemnification.

You agree that you are personally responsible for your use and behavior on this Site. You agree to indemnify, defend, and hold harmless Mathnasium (as defined below) from and against all claims, liabilities, losses, expenses, injuries or damages to persons or property, monetary damages, and costs (including, but not limited to, direct, incidental, consequential, exemplary, and indirect damages), reasonable attorneys’ fees, and costs of government inquiries or investigations, resulting from or arising out of or related in any way to any of the following: (i) your breach or alleged breach of these Terms of Use; (ii) your violation of laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental authority; or (iii) your visit, use, misuse, inability to use, or service interruption of this Site. You will cooperate as required by Mathnasium in the defense of any claim. Mathnasium reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and in no event shall you settle any claim without Mathnasium’s prior written consent.

  1. Terms of use.

We reserve the right to deny access to this Site to anyone for any reason at any time. We reserve the right, at our sole discretion, to change these Terms of Use from time to time (“Updated Terms of Use”). You agree that we may notify you of the Updated Terms of Use by posting them on this Site, and your use of this Site after the effective date of the Updated Terms of Use constitutes your acceptance of the Updated Terms of Use. You should review these Terms of Use and the Updated Terms of Use before using this Site. The Updated Terms of Use will be effective from the time they are posted and will apply to your use of this Site from that point forward.

  1. Intellectual property.

This Site contains content owned by Mathnasium (“Mathnasium Content”). Mathnasium Content is protected by copyright, trademark, patent, trade secret, and other laws, and between you and Mathnasium, Mathnasium owns and retains all rights to Mathnasium Content and this Site. You may not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary notices incorporated in or accompanying Mathnasium Content, nor reproduce, modify, adapt, prepare derivative works of, display, distribute, sell, license, or otherwise exploit Mathnasium Content. The trademarks “Mathnasium,” “Mathnasium Method,” “Mathnasium The Maths Learning Center,” and the Mathnasium logo are trademarks or registered trademarks of Mathnasium or its affiliated companies and may not be copied, imitated, or used, in whole or in part, without Mathnasium’s prior written permission.

  1. Disclaimer of site warranties.

YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE AND THE CONTENT OF MATHNASIUM ARE PROVIDED “AS IS,” “WHERE IS,” “AS AVAILABLE,” “WITH ALL FAULTS,” AND WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER MATHNASIUM NOR ITS PARENT COMPANY, NOR ANY OF ITS EMPLOYEES, MANAGERS, OFFICERS, FRANCHISEES, REPRESENTATIVES, OR AGENTS (COLLECTIVELY, THE “MATHNASIUM PARTIES”) MAKE ANY REPRESENTATIONS, WARRANTIES, OR ENDORSEMENTS OF ANY KIND, EXPRESS OR IMPLIED, REGARDING: (I) THIS SITE, OR (II) THE CONTENT OF MATHNASIUM.FURTHERMORE, THE MATHNASIUM PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUSES. THE MATHNASIUM PARTIES DO NOT REPRESENT OR WARRANT THAT THIS SITE IS OR WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF HARMFUL COMPONENTS. THE MATHNASIUM PARTIES DO NOT GUARANTEE THAT THE INFORMATION ON THIS SITE IS ACCURATE, COMPLETE, OR USEFUL.THIS SITE IS HOSTED IN THE U.S., AND THE MATHNASIUM PARTIES DO NOT WARRANT THAT YOUR USE OF THIS SITE IS LEGAL IN ANY PARTICULAR JURISDICTION, AND THE MATHNASIUM PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO YOU AND THESE TERMS OF USE.BY ACCESSING OR USING THIS SITE, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LEGAL IN EACH JURISDICTION WHERE YOU ACCESS OR USE THIS SITE.

  1. Limitation liability.

IN NO EVENT SHALL THE MATHNASIUM PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSS OR DAMAGE) THAT IS DIRECTLY OR INDIRECTLY RELATED TO: (I) THIS SITE, (II) THE CONTENT OF MATHNASIUM, (III) YOUR USE OF, INABILITY TO USE, OR PERFORMANCE OF THIS SITE, (IV) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE MATHNASIUM PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OR ANY OTHER PARTY’S USE OF THIS SITE, (V) ANY ERROR OR OMISSION IN THE OPERATION OF THIS SITE, OR (VI) ANY DAMAGE TO THE USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY IN CONNECTION WITH THE USE OF THIS SITE, EVEN IF FORESEEABLE OR EVEN IF THE MATHNASIUM PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR TORT.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

IN NO EVENT SHALL THE MATHNASIUM PARTIES BE LIABLE TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEEDING ONE THOUSAND U.S. DOLLARS (USD 1000).

  1. Equal opportunity.

Mathnasium operates its business based on equal opportunity. We do not discriminate in any way prohibited by law.

  1. Interpretation.

These Terms of Use are governed by and interpreted in accordance with the laws of the State of California, without giving effect to any conflict of law provisions or rules. The headings in these Terms of Use are for convenience only and will not control, limit, expand, modify, or otherwise affect these Terms of Use or the meaning and construction thereof. These Terms of Use shall be interpreted in accordance with their fair meaning and not strictly in favor of or against you or us.

  1. Passive Site and jurisdiction.

This is a primarily passive website that provides very little active interaction between you and the content of this Site. By accessing this Site, you choose to visit us at our hosting location in the U.S. By communicating with us through this Site, you are directing your communication to us in the U.S. and California. You agree to California’s jurisdiction over any dispute that may arise from your access, visit, or use of this Site. Any controversy or dispute arising from your use of this Site shall be exclusively submitted to the Federal and State Courts located in Los Angeles, California, and you irrevocably submit to the exclusive jurisdiction of such courts, waiving any objection based on improper or inconvenient venue.

  1. Time limit for claims.

You agree that any claim you may have arising out of or related to your relationship with Mathnasium must be filed within (i) one year after such claim arises; and (ii) the period allowed by law itself. If your claim is not filed within that time, it will be permanently barred.

  1. Entire agreement.

These Terms of Use constitute the entire agreement between you and Mathnasium and govern your use of this Site, superseding any prior agreements between you and Mathnasium. If any provision of these Terms of Use is found to be unlawful, void, or unenforceable for any reason, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. These Terms of Use do not confer any third-party beneficiary rights.

  1. Privacy.

The confidentiality of any information submitted on this Site cannot be guaranteed. Information transmitted over the Web may be intercepted and may not be secure. Please refer to our Privacy Policy for more details. Click here (https://www.mathnasium.com/mx/politica-de-privacidad) to view Mathnasium’s Privacy Policy.

  1. Suggestions/Ownership.

If Mathnasium receives suggestions on this Site for improving lessons or any other materials, ideas, concepts, know-how, techniques, questions, or comments of any kind, the submitted information will be treated as non-private and non-confidential and will become the property of Mathnasium for use without any compensation to the sender.

  1. Contact Us.

If you have any questions or comments regarding these Terms of Use, please contact us via the “Contact Us” link on this Site.

 

Effective as of May 25, 2018.