TERMS AND CONDITIONS OF USE AND E-COMMERCE TERMS OF SERVICE THE MATH TRANSLATOR, LLC
www.themathtranslator.com and associated internal links.
YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 5 TO RESOLVE ANY DISPUTES WITH THE MATH TRANSLATOR (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).
1.1. Subscription. Your The Math Translator subscription will continue and automatically renew until terminated. To use the service, you must have Internet access and provide us with a Payment Method. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time and which will include payment through your account with Stripe. You must cancel your subscription 1 calendar day before it renews in order to avoid billing of the subscription fees for the next billing cycle to your Payment Method (see “Cancellation” below). You hereby authorize The Math Translator to charge your credit card, debit card or bank account in connection with the ongoing cost of applicable subscriptions or fees for the service.
1.2. Free Trial. Your The Math Translator subscription may start with a free trial. The duration of the free trial period of your subscription will be specified during sign-up and is intended to allow new subscribers to try the service.
1.3. Instructor Logins. Instructors will receive free logins to manage their curriculum and become familiar with the service their students are using. To receive a free login, The Math Translator will request documentation showing that you are currently employed as an instructor at an educational institution. The Math Translator may require the educational institution to be a public school or accredited college or university or may waive this requirement in its sole discretion. Instructor logins are for the sole and exclusive use of the Instructor application and may not be transferred or used by any other third party. Instructor logins must be renewed every six (6) months and may be terminated at any time (see section 6.3).
1.5. Transfer and Use. Account for services will automatically transfer to any successors or assigns that provide the service. You may not assign or transfer your subscription to a service to any other person or entity. You are responsible for providing all computer hardware and software or other equipment necessary to gain access to the service.
2. Billing and Cancellation
2.1. Billing Cycle. The subscription fee for The Math Translator service, any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific billing date indicated on your “Account” page. The length of the billing cycle is monthly. Subscription fees are fully earned upon payment. In some cases, your payment date may change, for example if your Payment Method has not successfully settled or if your paid subscription began on a day not contained in a given month. Visit the website and click on the “Billing details” link on the “Account” page to see your next payment date. We may authorize your Payment Method in anticipation of subscription or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
2.2. Payment Methods. To use The Math Translator service, you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details. You can update your Payment Methods by going to the “Account Dashboard” page. Following any update, you authorize us to continue to charge the applicable Payment Method.
2.3. Cancellation. You are the party that is responsible for cancelling your The Math Translator subscription and you can cancel at any time. You will continue to have access to the service through the end of your current billing period. To cancel, login and go to the “My Account” page on the website. Click on "Subscriptions" and follow the instructions for cancellation. If you cancel your subscription, your account will automatically close at the end of your current billing period. To see when your account will close, click “Subscriptions” on the “My Account” page.
2.4. Payments Nonrefundable. Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period.
3. The Math Translator Service
3.1. Proprietary Information. All content of our website and services is the copyrighted material of The Math Translator, or the appropriate contributor, as applicable, and is protected by United States and international copyright, trademark and other applicable laws. The website and service include content, appearances and design, as well as trademarks, product names, graphics, logos, slogans, colors and designs that are the property of The Math Translator, or other third parties, as applicable. Except as set forth in the relevant license agreements, nothing contained in our website or services grants any license or other right to any of The Math Translator’s intellectual property or any third party’s intellectual property. The appropriate party reserves complete title and interest to its intellectual property on or associated with the website and/or services. You may not copy, modify, distribute, alter, display, reproduce, transfer or republish any of the data of our website and/or services without obtaining the written permission of the website and/or services, as applicable.
3.2. Limited Grant. The Math Translator service and any content viewed through the service are for your personal and non-commercial use only and may not be shared with other individuals. During your The Math Translator subscription, you are granted a limited, non-exclusive, non-transferable right to access the service and view The Math Translator content through the service for your own personal use. No right, title, or interest will be transferred to you. You agree not to use the service for personal gain.
3.3. Scope of Services. The Math Translator videos are intended as a supplemental service and are not intended to replace in-person instruction from a live math teacher. As such, the service may only be viewed on one device at a time and it is prohibited for any of The Math Translator videos to be projected onto a screen to be viewed by more than one individual at a time. You agree to not share your password with others and you agree to not project The Math Translator videos onto a screen to be viewed by more than one individual at a time. It is permissible for The Math Translator videos to be used by a teacher/professor in an online class as part of his or her online instruction. This situation would necessitate each student in the class to purchase an individual subscription because the prohibition of projecting the videos onto a screen for group viewing still applies.
3.5. DMCA Notice. If you are a holder (or agent thereof) of copyright or other proprietary rights and you believe that any services infringe upon such proprietary rights, you may submit a notice to The Math Translator pursuant to the Digital Millennium Copyright Act by submitting the following information in writing to our copyright agent: (1) The signature (physical or electronic) of the holder (or agent thereof) of a proprietary right that is allegedly infringed; (2) Identification of the work or multiple works alleged to have been infringed; (3) Identification of the material that allegedly infringes or is the subject of infringing activity that is requested to be removed or otherwise modified with information reasonably sufficient to permit The Math Translator to locate the material; (4) Contact information for The Math Translator to contact you, including an address, telephone number and/or e-mail address; (5) Your statement that you have a good faith belief that use of the material in question is not authorized by the holder of the proprietary rights, its agent or otherwise under law; and (6) Your statement that the information in the notice to The Math Translator is accurate and, under penalty of perjury, that you are authorized to act on behalf of the allegedly infringed work. You acknowledge that your failure to comply fully with these requirements may result in an invalid notice under the Digital Millennium Copyright Act.
3.6. Quality of Streaming. The quality of the display of The Math Translator content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection, and the functionality of the device you are using. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. The Math Translator makes no representations or warranties about the quality of your viewing experience on your display.
3.7. Passwords and Account Access. The subscriber who created The Math Translator account and whose Payment Method is charged (the “Account Owner”) has access and control over The Math Translator account and is responsible for any activity that occurs through the account. To maintain control over the account and prevent anyone from accessing the account, the Account Owner should not reveal the password or details of the Payment Method associated to the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to The Math Translator relating to your account.
4. Disclaimers of Warranties and Limitations on Liability
4.1. THE MATH TRANSLATOR SERVICE AND ALL CONTENT ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE MATH TRANSLATOR SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. THE MATH TRANSLATOR DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THE MATH TRANSLATOR DOES NOT GUARANTEE ANY SPECIFIC LEARNING OUTCOMES FROM VIEWING THE VIDEOS.
4.2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT WILL THE MATH TRANSLATOR, ITS EMPLOYEES, OR ANY OF ITS AFFILIATES BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
4.3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
4.4. WE ARE NOT RESPONSIBLE FOR ANY INTERRUPTION OF SERVICE OR WEBSITE DOWNTIME.
5. Dispute Resolution
5.2. Procedure on Dispute. If you elect to seek arbitration or file a small claim court action, you must first send to The Math Translator, by certified mail, a written Notice of your claim (Notice). The Notice to The Math Translator must be addressed to: The Math Translator, 1030 N. Center Parkway, Suite N-168, Kennewick, WA 99336 (Notice Address). If The Math Translator initiates arbitration, it will send a written Notice to the email address used for your subscription account. A Notice, whether sent by you or by The Math Translator, must: (1) Describe the nature and basis of the claim or dispute; and (2) Set forth the specific relief sought (Demand). If The Math Translator and you do not reach an agreement to resolve the claim within 60 days after the Notice is received, you or The Math Translator may commence an arbitration proceeding or file a claim in small claims court.
5.3. Governing Rules. The arbitration will be governed by the Commercial Arbitration Rules (AAA Rules) of the American Arbitration Association (AAA), as modified by this Agreement, and will be administered by the AAA. Unless The Math Translator and you agree otherwise, any arbitration hearings will take place in Benton county in Washington state, U.S.A. The arbitrator’s award will be final and binding on all parties, except: (1) For judicial review expressly permitted by law; or (2) If the arbitrator’s award includes an award of injunctive relief against a party, in which case that party will have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that will not be bound by the arbitrator’s application or conclusions of law. Arbitration will occur before one (1) arbitrator selected under the AAA rules.
5.4. YOU AND THE MATH TRANSLATOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and The Math Translator agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision will be null and void.
6.2. Unsolicited Materials. The Math Translator does not accept, open, view, or otherwise interact with unsolicited materials or ideas for The Math Translator content and is not responsible for the similarity of any of its content to materials or ideas transmitted to The Math Translator. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against The Math Translator and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
6.3. Termination. You agree that we may, in our sole discretion, terminate or suspend your access to all or any part of the services with or without notice and for any reason. Any suspected fraudulent, abusive or illegal activity may constitute grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
6.4. Feedback. The Math Translator is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (Feedback), without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving The Math Translator service. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law.
6.7. Communication Preference. The Math Translator will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, via email to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
7. Contact Us
The Math Translator, LLC
1030 N. Center Parkway, Suite N-168
Kennewick, WA 99336