Terms and Conditions of Use

 

These Terms and Conditions of Use (“Terms”) govern the relationship between the user and Mathnasium Franchisor LLC (“Mathnasium” or “we”) regarding the use of our website, Mathnasium.com, mobile applications, and the Mathnasium@home online learning platform (collectively, the “Services”). By accessing or using the Services, you confirm that you accept these Terms. Please read these Terms carefully. THESE TERMS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SERVICES.

1. Mathnasium Locations Are Independently Owned Franchises

Each Mathnasium location is independently owned and operated by a Mathnasium franchisee. Location-specific information, such as biographies, hours of operation, and pricing, is provided and managed by the respective franchisee. Additional terms may apply in your relationship with certain franchises.

2. Eligibility to Use the Services

By using the Services, you represent and warrant that (i) you are at least the legal age of majority in your jurisdiction, or you are accessing the Services under the supervision of a parent or legal guardian who accepts these Terms on your behalf, (ii) your use of the Services is lawful and does not violate any laws or regulations in your jurisdiction, and (iii) your use of the Services will comply with these Terms.

Use of the Services may be subject to export and import regulations in Romania and other countries. You agree to comply with all applicable export and import laws and regulations, including export control laws and sanctions programs. In particular, you represent that (a) you are not a prohibited or listed person on government exclusion lists, (b) you do not transfer software, technology, or technical data through the Services to prohibited parties or countries, (c) you do not use the Services in violation of applicable export laws, (d) you do not access the Services from countries or regions subject to global trade sanctions, and (e) you do not transfer, upload, or post technical data in violation of applicable laws.

We reserve the exclusive right to suspend or restrict your access to the Services without prior notice if you fail to comply with the Terms or violate our rights or those of others.

3. Intellectual Property

The Services contain content (“Mathnasium Content”) protected by copyright, trademark, patent, trade secret, and other laws. Mathnasium owns and retains all rights to the Content and Services. You do not have the right to reproduce, modify, adapt, create derivative works, distribute, sell, or exploit the Mathnasium Content without prior written permission. You shall not remove, alter, or obscure copyright, trademark, service mark, or other proprietary notices embedded in or accompanying the Mathnasium Content, nor reproduce, modify, adapt, create derivative works of, display, distribute, sell, license, or otherwise exploit the Mathnasium Content. We reserve all rights not expressly granted herein with respect to the Services. Except as otherwise noted, our name and all trademarks, service marks, trade names, logos, or other source identifiers displayed in the Services are our property or that of our affiliates or licensors. All third-party trademarks, service marks, trade names, logos, or other source identifiers are the property of their respective owners. For clarity, trademark or copyright symbols may be omitted for creative reasons without affecting the validity or enforceability of our rights in the Mathnasium Content.

4. Limited Right to Use the Services and Mathnasium Content

Subject to strict compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable right to access the Services and Mathnasium Content for personal, non-commercial use only. The limited license (i) does not confer any ownership or other intellectual property interest in the Services or any Mathnasium Content and (ii) may be suspended or terminated immediately at Mathnasium’s sole discretion without prior notice or liability. Unauthorized use of the Services or Mathnasium Content may violate copyright, trademark, privacy, publicity, communications, and other laws and may result in your personal liability, including potential criminal liability.

5. Availability of the Services

We make reasonable commercial efforts to ensure continuous access to the Services; however, we do not guarantee the Services will be available at all times. For example, Services may be unavailable during maintenance or emergencies. Besides regular maintenance, unforeseen events may cause temporary service interruptions.

By accessing the Services, you communicate with us in the USA. We make no representations that the Services or any part of their content are appropriate outside the United States. If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with local laws. Use of the Services does not subject us to the jurisdiction of courts or authorities in your jurisdiction.

6. Usage Restrictions

  • You may only use the Services for lawful purposes and in accordance with these Terms. Without limiting the above, you agree not to use the Services to:
  • Violate any applicable federal, local, national, or international laws or regulations (including, without limitation, data or software export laws to/from the USA or other countries).
  • Exploit, harm, or attempt to exploit or harm minors in any way, including exposing them to inappropriate content or soliciting personal information.
  • Transmit or facilitate the sending of any unsolicited advertising or promotional material, including “spam,” “chain letters,” or similar solicitations without our prior written consent.
  • Impersonate us, our employees, another user, or any other person or entity (including, without limitation, by using email addresses or usernames associated with any of these).
  • Engage in any other conduct that restricts or inhibits others’ use or access to the Services or that we determine may harm us, our users, or expose them to liability.

Additionally, by accessing the Services, you agree not to:

  • Modify, translate, decompile, reverse engineer, recreate, disassemble, or attempt to discover the source code or structure of the Services or make unauthorized modifications or copies.
  • Circumvent, disable, remove, avoid, bypass, interfere with, or otherwise disrupt any security features or usage restrictions of the Services or content.
  • Use the Services in any manner that could disable, overload, damage, or impair the Services or interfere with others’ use of the Services, including real-time activities.
  • Use any robot, spider, or other automated device, process, or means to access the Services for any purpose, including monitoring or copying content.
  • Use any device, software, or routine that interferes with the proper functioning of the Services.
  • Upload, post, email, or otherwise transmit material containing viruses, worms, malware, trojans, or other destructive code intended to disrupt or limit the functionality of software, hardware, or telecommunications equipment.
  • Attempt to gain unauthorized access to, interfere with, damage, or affect any part of the Services, servers, or databases connected to the Services.
  • Attack the Services via denial-of-service or distributed denial-of-service attacks.
  • Otherwise interfere with the proper operation of the Services.

7. Privacy and Data Protection

Confidentiality of any information transmitted through the Services cannot be guaranteed. Information sent over the internet may be intercepted and is not necessarily secure. We will collect and use “personal information” in accordance with our Privacy Policy, which may be amended periodically at our discretion. Continued access to or use of the Services constitutes your acceptance of those changes.

8. Use by Minors

We do not knowingly collect information from children under 18 without parental or guardian consent. If you are under 18, do not attempt to register on our platform or provide us with Personal Information about yourself. If you believe a child under 18 has provided us personal information without your consent, please contact us at the email address provided below.

9. User Feedback; User Content

By submitting any ideas, comments, suggestions, or other unsolicited information to us (via the Services, social media platforms, Google, review sites, or otherwise), including but not limited to those related to improving the Services (collectively, “Feedback”), you agree that this Feedback becomes our property. We will own all rights related to the Feedback (including intellectual property and moral rights) and may use it without restriction for any purpose, commercial or otherwise, without compensation or further notice to you.

The Services may now or in the future allow uploading texts, files, images, photos, videos, sounds, musical works, copyrighted works, or other materials and content (“User Content”). We do not endorse or approve any User Content you post or contribute. You acknowledge that any User Content you post or submit for posting via the Services is considered non-confidential and may be disclosed globally, including for viewing, downloading, printing, and other uses by such persons or entities. Nothing in these Terms obligates Mathnasium to use or allow the posting of User Content on any platform.

You agree not to submit, upload, or post User Content that infringes on the copyrights, trademarks, or other intellectual property rights of any third party, or violates the privacy or publicity rights of others. You may only upload User Content permitted by the owner or by law.

By posting or submitting User Content through the Services, you expressly grant us and our affiliates, partners, representatives, licensors, or other third parties and successors a non-exclusive, worldwide, perpetual, irrevocable, transferable, and sublicensable license to use User Content without restrictions, including but not limited to the right to quote, republish, utilize, adapt, translate, archive, store, reproduce, modify, create derivative works, distribute, transmit, broadcast, and publicly display User Content without notice, payment, or attribution to you or any third party.

You are responsible for all User Content you submit to us. You do not have permission to submit or post User Content that:

  • Is not your original creation or for which you lack permission to use;
  • Infringes copyrights, trademarks, patents, or other property rights of any person or is used without the owner’s permission;
  • You know to be inaccurate;
  • Is pornographic, sexually explicit, or obscene;
  • Exploits children or minors;
  • Violates privacy or publicity rights of any person, including minors;
  • Is harassing, defamatory, slanderous, or disparaging;
  • Contains personal information about any person without consent or about any minor;
  • Could be offensive to the community of Service users, including expressions of bigotry, prejudice, racism, hatred, obscenity, or religious/political radicalism;
  • Includes advertising, promotions, unsolicited solicitations, or commercial offers;
  • Is intended to provide professional advice, including but not limited to medical, legal, financial, or investment assistance;
  • Seeks, recommends, endorses, or offers securities or financial instruments for sale or promotes a specific investment strategy;
  • Violates any local, national, or international laws or regulations;
  • Promotes or provides information about illegal activities;
  • Contains viruses or any other code, files, or programs designed to disrupt or limit functionality of software or hardware;
  • Is intended to overload, disrupt technically, or block the Services.

We reserve the right (but have no obligation) to remove, block, edit, move, or disable User Content deemed unacceptable for any reason, at our sole discretion. To the maximum extent permitted by law, we assume no liability for User Content or any failure or delay in removing User Content. You alone are responsible for User Content posted and may be held liable for it.

By submitting ideas, comments, or other information, you agree these become our property. Mathnasium reserves the right to use this feedback without restrictions. Any content you post must be original and not infringe third-party intellectual property rights. Mathnasium may remove any User Content deemed inappropriate.

10. Copyright Infringement

DSM Notice

If you believe that any content within the Services violates these Terms or your intellectual property rights, you may report this infringement under Directive (EU) 2019/790 concerning the Digital Single Market (DSM). For a suspected infringement, please provide the following information:

  1. A title or subject line stating: “Copyright Infringement Notice under DSM/DMCA.”
  2. A description of the copyrighted work or other intellectual property you believe has been infringed, or if the notice covers multiple works, a representative list of those works.
  3. A description of the location of the material alleged to infringe the rights on the Services (including the exact URL).
  4. Your full name, address, phone number, and email address where we can contact you.
  5. A statement from you, made in good faith, that the use of the claimed material is not authorized by the copyright or intellectual property owner, their agent, or the law.
  6. A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner.
  7. Your electronic or physical signature, or that of the authorized person to act on behalf of the copyright or other rights owner.

We reserve the right to request additional information before removing the allegedly infringing material. We will respond only to DMCA/DSM notices received by mail or email at the addresses below:

Mathnasium Franchisor LLC

Attn: General Counsel

Address: 5120 W. Goldleaf Circle, Suite 400

Los Angeles, CA 90056

Email: [email protected]

We reserve the right to terminate accounts of users who repeatedly submit content that violates our intellectual property policy.

11. Links to Third-Party Sites

The Services may contain links to third-party websites or information. Mathnasium does not control or maintain these third-party sites or their content. Mathnasium provides links solely for your convenience, and the inclusion of any link to a site not owned by Mathnasium does not constitute an endorsement by Mathnasium of that site or its content. Mathnasium assumes no responsibility for third-party sites linked to or accessible through the Services.

12. Cooperation with Law Enforcement and Government Agencies; Mandatory Disclosures

You acknowledge that we have the right to investigate and prosecute any violation of these Terms of Use, including intellectual property infringement, privacy or publicity rights violations, and site security issues, to the extent permitted by law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms or engage in suspected illegal activities. You acknowledge we have no obligation to monitor access or use of the Services but reserve the right to do so to ensure operation of the Services, compliance with these Terms, or compliance with applicable laws or orders from courts, administrative agencies, or other governmental/regulatory authorities.

13. Modification of Terms of Use; Additional Terms

We reserve the right to refuse access to the Services to any person, for any reason, at any time. We also reserve the right, at our sole discretion, to modify these Terms of Use periodically (“Updated Terms of Use”). You agree that we may notify you of the Updated Terms by posting them on the Services, and continued use of the Services after the effective date of the Updated Terms constitutes your agreement to those terms. You should review the updated Terms of Use before using the Services.

14. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND MATHNASIUM CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS,” AND WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER MATHNASIUM, ITS PARENT COMPANIES, NOR ANY OF THEIR EMPLOYEES, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, AGENTS, SUPPLIERS, LICENSORS, LICENSEES, CONTRACTORS, CLIENTS, SUCCESSORS, OR ASSIGNEES (COLLECTIVELY, “MATHNASIUM PARTIES”) MAKE ANY EXPRESS OR IMPLIED WARRANTY REGARDING: (I) THE SERVICES, OR (II) MATHNASIUM CONTENT.

FURTHER, MATHNASIUM PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND NON-VIRUS INFECTED PRODUCTS. MATHNASIUM PARTIES DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES OR SERVERS MAKING THE SERVICES AVAILABLE ARE FREE OF HARMFUL COMPONENTS. MATHNASIUM PARTIES MAKE NO REPRESENTATION OR WARRANTY THAT INFORMATION IN THE SERVICES IS ACCURATE, COMPLETE, OR USEFUL. MATHNASIUM PARTIES DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES IS LEGAL IN ANY PARTICULAR JURISDICTION AND SPECIFICALLY DISCLAIM SUCH WARRANTIES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE WARRANTIES, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT PERMITTED BY LAW. BY ACCESSING OR USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EACH JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES.

14. Disclaimer of Warranties

The Services are provided “as is” without any warranty. Mathnasium does not guarantee the accuracy or continuity of the Services and does not assume responsibility for any malfunctions.

15. Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, NONE OF THE MATHNASIUM PARTIES SHALL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE, INCLUDING INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, RELATED TO: (I) THE SERVICE, (II) MATHNASIUM CONTENT, (III) USE, INABILITY TO USE, OR PERFORMANCE OF THE SERVICES, (IV) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY MATHNASIUM PARTIES OR AUTHORITIES REGARDING YOUR OR ANOTHER PARTY’S USE OF THE SERVICES, (V) ANY ERRORS OR OMISSIONS IN THE OPERATION OF THE SERVICES, OR (VI) ANY DAMAGE TO ANY USER DEVICE RELATED TO THE USE OF THE SERVICES, EVEN IF FORESEEABLE OR IF MATHNASIUM PARTIES WERE ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL LIABILITY OF THE MATHNASIUM PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RELATED TO ACCESS OR USE OF THE SERVICES EXCEED THE AMOUNT YOU PAID TO MATHNASIUM FOR THE TRANSACTION GIVING RISE TO THE CLAIM, OR $250, WHICHEVER IS GREATER.

16. Indemnification

You agree to indemnify and hold harmless the Mathnasium Parties against any claims, liabilities, losses, expenses, fines, penalties, assessments, personal or property damages, financial damages, and costs (including but not limited to indirect, special, incidental, consequential, exemplary, and punitive damages), reasonable attorney’s fees, and government investigation costs arising from or related to: (i) your violation or alleged violation of these Terms of Use, (ii) violation of any laws, regulations, statutes, codes, ordinances, or orders of government authorities, (iii) use, misuse, inability to use, or interruption of the Services, (iv) any fraud, manipulation, deception, or misrepresentation by you, and (v) User Content. You will cooperate as requested by Mathnasium in defending any claim. Mathnasium reserves the right to assume exclusive defense and control of any matter subject to indemnification by you, and you will not settle any claim without Mathnasium’s prior written consent. This section survives termination of the Terms of Use.

17. Governing Law

These Terms of Use are governed by and interpreted according to the laws of Romania, without regard to conflict of law rules.

18. Disputes; Resolution

Our customer support team is available to assist you with any issues encountered in using the Services. The following terms govern all disputes, claims, and causes of action arising out of or related to the Services, these Terms, and/or our Privacy Policy (collectively, “Disputes”) that cannot be resolved informally.

IMPORTANT: THIS SECTION LIMITS YOUR LEGAL RIGHTS, INCLUDING THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY CLASS OR REPRESENTATIVE ACTION, AND THE TIME PERIOD IN WHICH YOU CAN FILE A CLAIM. PLEASE READ CAREFULLY.

19. Time Limitation

Any claim or cause of action against Mathnasium must be filed within twelve (12) months of the cause arising; otherwise, the claim or action is permanently barred.

20. Equal Opportunity

Mathnasium operates on an equal opportunity basis and does not discriminate in any way prohibited by law.

21. Headings

The headings in these Terms of Use are for convenience only and do not control, limit, amplify, or modify the Terms or their interpretation. These Terms must be interpreted according to their plain meaning without favoring either party.

22. Assignment

Mathnasium may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without prior notice. You may not assign these Terms or delegate your responsibilities without prior written consent from a Mathnasium representative.

23. Entire Agreement; Severability; No Waiver

These Terms constitute the entire agreement between you and Mathnasium regarding use of the Services, replacing any prior agreements. If any provision is found illegal, void, or unenforceable, it will be severed and will not affect the validity of the remaining provisions. These Terms do not confer third-party beneficiary rights. Except as expressly provided, (a) failure or delay by Mathnasium in exercising any right or remedy does not waive that right, and (b) no waiver or modification of these Terms is effective unless in writing and signed by Mathnasium.

24. Contact

For questions about these Terms, you can contact:

MTH Education SRL

Attention: Legal Department

Address: Mun. Bucuresti, Bd. General Gheorghe Magheru, nr. 26, Bl. C, Ap. 15, Sector 1, J40/8985/29.04.2024, CUI: RO50023817

Email: [email protected]

Last updated: November 1, 2024