Last updated: June 28, 2022
Please read these Terms and Conditions carefully before using our Service. Use of the Service is deemed to represent acknowledgment and agreement with the Terms and Conditions.
For the purposes of these Terms and Conditions:
- Application means the web application/software program provided by the Company, named MathPrep.com accessed by You on any electronic device.
- Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) from which the Application has been downloaded.
- Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.
- Account means a unique account created for You to access our Service or parts of our Service.
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to MathPrep LLC, a Florida limited liability company, whose address is 250 Celestial Way, Winter Springs, FL 32708.
- Device means any electronic device that can access the Service including, but not limited to, a computer, a cellphone, an iPad, or a digital tablet.
- Feedback means feedback, innovations, or suggestions sent by You regarding the attributes, performance, or features of our Service.
- Orders mean a request by You to purchase a membership/subscription from Us.
- Promotions refer to non-third party contests, sweepstakes, or other promotions offered through the Service.
- Service refers to the Application or the Website or both.
- Subscription refers to the services or access to the Service offered on a subscription basis by the Company to You.
- Terms and Conditions (also referred as the "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included, or made available by the Service.
- Website refers to the website MathPrep, accessible from https://www.mathprep.com.
- You means the individual accessing or using the Service or a legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights, duties, and obligations of all users regarding the use of the Service. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, members, and others who access or use the Service. By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service. You represent that you are over the age of 18. The Company does not permit those under the age of 18 to purchase a Subscription. However, individuals under the age of 18 can use/access the Service/ website with the consent and approval of their parents or legal guardian. An Account must be under an adult’s name who purchases the subscription for their student(s).
(vi) Provide false, inaccurate or misleading information;
(vii) Engage in potentially fraudulent or suspicious activity and/or transactions;
(viii) Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us; (ix) Control an account that is linked to another account that has engaged in any of these restricted activities;
(x) Circumvent any policy or determinations about your Account such as temporary or indefinite suspensions or other account holds, limitations or restrictions, including but not limited to engaging in the following actions: attempting to open new or additional Account(s) when an account has been restricted, suspended or otherwise limited; opening new or additional Accounts using information that is not your own (e.g. name, address, email address, etc.), using someone else’s Account or abusing promotions which we may offer from time to time;
(xi) Disclose or distribute another User’s information to a third party, or use such information for marketing purposes unless you receive the User’s express consent to do so；(xii) Take any action that imposes an unreasonable or disproportionately large load on our websites, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf or the Services；(xiii) Facilitate any viruses, trojan horses, malware, worms or other computer programming routines that attempts to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorized access to any system, data, information or Services;
(xiv) Use any robot, spider, other automatic device, or manual process to monitor or copy our websites without our prior written permission; use any device, software or routine to bypass our robot exclusion headers; or interfere or disrupt or attempt to interfere with or disrupt our websites, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf, any of the Services or other Users’ use of any of the Services；(xv) Copy, reproduce, communicate to any third party, alter, modify, create derivative works, publicly display or frame any content from our websites without our or any applicable third party’s written consent; or (xvi) Reveal your account password(s) to anyone else, nor use anyone else’s password. We are not responsible for losses incurred by you arising as the result of misuse of passwords, which situations include the use of your account by any person other than you. If we believe that you’ve engaged in any of these activities, we may take a number of actions to protect us, Users and others at any time in our sole discretion. The actions we may take include, but are not limited to, the following:
a)Terminate this Agreement, and/or close or suspend your Account, immediately and without penalty to us;
b)Refuse to provide the Services to you now and in the future;
c)Limit your access to this Site, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf, your Account or any of the Services; or
f)Take legal action against you. By using the Services, you expressly represent and warrant that:
a) You have the legal authority to enter into this Agreement; and that you will use the Services in accordance with this Agreement and other applicable Company policies and rules, and fully perform all your obligations; b) Your use of the Services will be in compliance with all laws that are applicable to you based on your jurisdiction and that you will not use the Services for any criminal or illegal activities as defined by any applicable law; c) You will use the Services only for yourself and registered child, and not on behalf of any third party; and d) Any money you use in connection with the Services belongs to you and is derived from legal sources.
Placing Orders for Subscription
By purchasing the subscription through the Service, You warrant that You are legally capable of entering into binding contracts.
If You wish to use the Services and purchase the Subscription, You may be asked to supply certain information relevant to Your Subscription including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, Your child(s) name, and grade information. You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Subscription; and that (ii) the information You supply to us is true, correct and complete. By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order. The Company has a fraud checker on a credit card processor level that it leverages.
We reserve the right to refuse or cancel Your Subscription at any time for certain reasons including but not limited to:
- Errors in billing, signup, or credit card information
- If fraud or an unauthorized or illegal transaction is suspected.
Your Order Cancellation Rights
Any Subscription you purchase can only be canceled in accordance with these Terms and Conditions and Our Cancellation Policy. Our Refund Policy forms a part of these Terms and Conditions. Please read our Refund Policy below to learn more about your right to cancel Your Subscription. You can cancel your Subscription for a full refund for any reason within 14 days of your initial signup or initial purchase date. We will use the same means of payment as You used for the purchase, and You will not incur any fees for such reimbursement. You will not have any right to cancel your Subscription for a refund after the completion of 3 days from your initial purchase date. If you do not opt-out of automatic renewal from “Manage Subscription” page, you will be charged monthly or annually based on the Subscription plan you selected. Only Parents or guardians who purchased the subscription will be allowed to make changes to the service. This Subscription Cancellation option is not available under the child/student profile.
Errors and Inaccuracies
We are constantly updating Our Website and trying our best to provide the most accurate study materials and questions to Our users. However, We assume no responsibility for any errors and inaccuracy in the content and the practice material on the Website. We do not follow any standards or guidelines as to the grade-level math skills and assume no responsibility or guarantee about the same. We are not affiliated with any institution and all the math topics on the Website are generic. We do not guarantee the accuracy or completeness of any information. We request You to notify us of any errors and we will try to fix them as soon as possible. We reserve the right to change or update the content and to correct errors, inaccuracies, or omissions without any prior notice.
The Company reserves the right to revise its prices at any time prior to accepting an Order for Subscription.
All Subscriptions purchased are subject to a one-time payment and will renew at the end of the subscription period automatically unless the subscription is canceled. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Discover, American Express cards, or online payment methods (PayPal, for example). Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay in providing you with the subscription or accepting you as a member.
The majority of the Website’s/application’s features are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription. At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it. You may cancel Your Subscription renewal either through the “Manage Subscription” page or by contacting the Company. The Manage Subscription page is only available to the parent/adult user on the account. You will not receive a refund for the renewal fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.
3- day refund policy: You can cancel your subscription within the 3 days of your initial signup for any reason. After the completion of 3 days of your initial signup, you will not be eligible for any refund. However, it will be under the company’s discretion to refund any amount that company thinks appropriate.
You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
The Company, in its sole discretion, may modify the Subscription fees or might not provide the initial signup promotion rates at the time of the renewal of the Subscription. Any Subscription fee change will become effective at the end of the then-current Subscription period. The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to change/terminate Your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable. Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account/ Subscription. You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene (which shall be determined by the Company in its sole discretion). We bear no responsibility for any loss that you may sustain due to loss or loss of control of your account due to no fault of this Site and/or failure to follow or act on any notices or alerts that we may send to you. In the event you believe your Account information has been compromised, you may contact us immediately at [email protected]
The Service and its original content (excluding Content provided by You or other users) features, and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company. Subject to your compliance with this Agreement, we grant to you a limited, non-exclusive, non-transferable, and revocable license, with no right to sublicense during the term of this Agreement, access and view the Content solely in connection with your approved purposes as permitted by us from time to time. Unless otherwise approved by us, you may not use the Content for any non-personal purpose. Any other use of the Services or Content is expressly prohibited. You acknowledge that subject to the rights granted to you in this Agreement with respect to the Content, all other rights, title, and interest in the Services and Content is exclusively the property of us and our licensors. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part.
Your Feedback to Us
You assign all rights, title, and interest in any Feedback You provide to the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without any restriction.
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. 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 the use of or reliance on any such content, goods, or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
We may terminate or suspend Your Account/Subscription immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service. You will not be refunded for the Subscription fees already paid. Following the termination of this Agreement, we may retain your personal information for as long as we have a business or tax need or as required under applicable laws. We do offer 3-day full refund policy.
Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA OR LOSS OF BUSINESS), WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THIS SITE, OUR SOFTWARE, SYSTEMS (INCLUDING ANY NETWORKS AND SERVERS USED TO PROVIDE ANY OF THE SERVICES) OPERATED BY US OR ON OUR BEHALF, ANY OF THE SERVICES, OR THIS AGREEMENT, UNLESS AND TO THE EXTENT PROHIBITED BY LAW, EVEN IF AN AUTHORIZED REPRESENTATIVE OF US HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
Our liability to you or any third party in any circumstance is limited to the actual amount of direct damages. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from: (1) your use of, or your inability to use, our websites, software, systems operated by us or on our behalf (including any networks and servers used to provide any of the Services) or any of the Services; (2) delays or disruptions in our websites, software, systems operated by us or on our behalf (including any networks and servers used to provide any of the Services), and any of the Services; (3) viruses or other malicious software obtained by accessing our websites, software, systems operated by us or on our behalf (including any networks and servers used to provide any of the Services), any of the Services, or any website or service linked to our websites; (4) glitches, bugs, errors, or inaccuracies of any kind in our websites, software, systems operated by us or on our behalf (including any networks and servers used to provide any of the Services), any of the Services, or in the information and graphics obtained from them; (5) the content, actions, or inactions of third parties; (6) a suspension or other action taken with respect to your Account; or (7) your need to modify your practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this Agreement, operating changes or our policies. We will not be liable for delays, failure in performance or interruption of the Services which result directly or indirectly from any cause or condition beyond our reasonable control, including any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and will not affect the validity and enforceability of any remaining provisions.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of a course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected. Without limiting the foregoing, the Company makes no representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR AND WILL NOT BE LIABLE TO YOU FOR ANY USE OF OUR SERVICES, INCLUDING ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE; (C) UNAUTHORIZED ACCESS TO APPLICATIONS; OR (D) ANY THIRD PARTY ACTIVITIES, INCLUDING THE USE OF VIRUSES, PHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICES. We will not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms, or other malware that may affect your computer or other equipment, or any phishing, spoofing, or other attacks.
Without prejudice to and in addition to the provisions above, if you’ve violated this Agreement or any policies that apply to you, then you’re responsible for damages to us and/or our affiliates caused by your violation. In addition, you will be liable to us for the amount of our damages caused by your violation of this Agreement. We may deduct such damages directly from any existing balance in any Account you control.
The laws of the State of Florida, United States of America, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If a dispute arises between you and us, our goal is to learn about and address your concerns. If we are unable to do so to your satisfaction, we aim to provide you with a neutral and cost-effective means of resolving the dispute quickly. You and we agree to notify each other in writing of any dispute within thirty (30) days of when it arises. Disputes between you and us regarding the services may be reported to customer service. You and we further agree that you and we shall spend reasonable and necessary time on full communication, consultation, or mediation before either party submits the disputes in question for arbitration.
All matters relating to the Services and this Agreement will be governed by and interpreted in accordance with United States Federal law, where applicable, the Federal Arbitration Act, and federal arbitration law. You acknowledge and agree that, in case of any dispute, controversy, divergence, or claim that can’t be solved by consultation or mediation, including any dispute in connection with the existence, validity, interpretation, performance, breach, or termination of this clause or any dispute concerning or arising out of this Agreement, (collectively referred to as the “Dispute”), the Dispute shall be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and We agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this Agreement and that you and We are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms. You or We shall submit the Dispute to the American Arbitration Association (“AAA”) according to its Consumer Arbitration Rules (the “AAA Rules”) then in effect. Any arbitration hearings will take place in the county, city (or parish) where you live, or where we maintain our primary business office unless we both agree to a different location. Unless otherwise agreed by the parties hereto, only one arbitrator shall be appointed according to the AAA Rules. The arbitrator shall have the exclusive right to make a ruling on his/her right of jurisdiction, including but not limited to any objection to the existence, scope or validity of the arbitration agreement or the arbitrability of any claim or counterclaim. The arbitration shall be conducted in English. The arbitrator shall, regardless of the method of arbitration, issue a reasonable written decision to explain the arbitration award, its basic conclusion, and the conclusion (if any). The arbitration award shall be final and binding upon you and us and may be enforced by any court of competent jurisdiction. YOU AND US AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident.
United States Federal Government End Use Provisions
If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
You agree and consent to receive electronically all communications, agreements, documents, notices, and disclosures (collectively, “Communications”) that we provide in connection with your Account and your use of the Services. We will provide these Communications to you by posting them on the Site, emailing them to you at the primary email address listed in your profile, communicating to you via other electronic Communication such as text message or mobile push notification. You understand and agree that if we send you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, we will be deemed to have provided the Communication to you.
If you have any questions about these Terms and Conditions, You can contact us at [email protected]