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LAZYMATHS.COM TERMS OF USE AGREEMENT If YOU accept this Agreement without reading it in its entirety, YOU are still bound by this Agreement in its entirety. Introduction (Acceptance of Terms) Privacy Policy User Agreement Use of Account Payment and Billing Practices Service and Product Availability Modifications to Service Terminations Copyrights and Trademarks Restrictions on the Use of Material Comments, Questions and Suggestions Communications and Content User Warranties Links to other Websites Disclaimer and Limitation of Liability Indemnification Jurisdictional Issues Dispute Resolution Policy Modifications Introduction (Acceptance of Terms) Welcome to the LazyMaths.com line of educational products, brought to you by LazyMaths Inc. This End User License Agreement is a legal document that governs the terms and conditions of your using LazyMaths.com. These terms and conditions are designed to ensure that you have a safe and enjoyable experience with LazyMaths.com. You should read this Agreement carefully. If you spend time on this web site, you must accept these conditions so please read them carefully. In addition, when you use any current or future LazyMaths.com service, you also will be subject to the guidelines and conditions applicable to such service or business. LazyMaths.com strictly follows the policy described below, which defines the terms and conditions when accessing this web site, and assumes your adherence to these provisions. Visiting the LazyMaths.com web site, or using any of our services, constitutes your acceptance of this policy. By using this site, you agree with these terms and conditions, and additional policies or procedures published on the site from time to time, and represent that you are above legal age, and are either the certified educator, parent or legal guardian of the children registered on your account. Please note that to subscribe to our website, you must be 18 years of age or have your parent or a legal guardian subscribe for you. You are also agreeing to accept a non-exclusive, non-assignable right and license to use LazyMaths.com. Users also agree to review these Terms and Conditions from time to time for changes and updates. Privacy Policy You should review the other LazyMaths.com policies to better comprehend our practices and how we govern your visit to our web site. Registration data and certain other information about you are subject to our privacy policy. For more information, see our entire privacy policy at: http://www.LazyMaths.com. We reserve the right to make any changes to our web site, pricing, or policies at any time in our sole and absolute discretion. Shall any of these conditions be deemed invalid or for any reason unenforceable, the respective condition shall be removed and will not affect the validity and enforceability of any remaining conditions. User Agreement IMPORTANT - READ THESE TERMS CAREFULLY BEFORE USING THE PRODUCT OR ACCESSING THE CONTENT ON THIS WEBSITE. BY ACCESSING THE PRODUCT AND/OR THE CONTENT CONTAINED THEREIN, YOU ACKNOWLEDGE AND REPRESENT THAT YOU ARE AN AUTHORIZED USER; THAT YOU HAVE READ THIS AGREEMENT; THAT YOU UNDERSTAND IT; AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. a). Website Access: To have the ability to access our web site and services, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, it is your responsibility to find the equipment (i.e. computer, modem, and/or other devices) necessary to make such a connection to the Internet. b). Account Information: LazyMaths.com provides access to many aspects of the web site at no cost to the user. In consideration of your use of LazyMaths.com, you agree to: (1) provide accurate, current and complete information about yourself as prompted by the registration form and (2) maintain and promptly update your personal contact information to keep it current and complete. If you provide any information that is untrue, inaccurate, or not current, or if LazyMaths.com has reasonable grounds to suspect that such information is untrue, inaccurate, or not current, LazyMaths.com has the right to disable or terminate your account and refuse any and all current or future use of the site (or any portion thereof). c). Registration Process: Once you complete the registration process with LazyMaths.com, you will receive a unique login ID and password that is associated with your new account. You are solely responsible for maintaining the confidentiality of the logon ID and password, and are fully accountable for all activities that occur under your account. You also agree to immediately notify LazyMaths.com of any unauthorized use of your account or any other breach of security. d). Grant of License: For the Term of the Subscriber Agreement, LazyMaths.com grants to User a limited, non-exclusive, revocable license to access the Product strictly via the Website(s) that LazyMaths.com may set forth from time to time, and to use the Content in accordance with the terms of this Agreement. This license may not be transferred to third parties, nor may User allow an unauthorized third party to gain access to the Product, the Content or any Log-In Information (as defined in Section 2 below). Without limiting any other provisions in this Agreement, any violation of this provision constitutes a breach of this Agreement, and grounds for immediate termination by LazyMaths.com e). Log-In Information: User has been provided with a valid username and password for the purpose of accessing the Product and the Content (the "Log-In Information"). All Log-In Information must be kept confidential, and may only be used by User under the terms of this agreement. The unauthorized use of any Log-In Information, either with or without User’s knowledge, shall be deemed a breach of this Agreement, or may constitute a violation of LazyMaths.com's copyrights. User is responsible for maintaining the security and confidentiality of all Log-In Information, and for preventing access to the Product and/or the Content by unauthorized persons. Unauthorized access to or use of the Product and/or the Content by someone using User's Log-In information may be attributed to User. f). Information Responsibility: You understand that all information, such as career information, personal data, text, sound, photographs, graphics, or other materials within your account or transcript, whether publicly posted or privately held within your account or transcript, is your sole responsibility, as you are the person from which this information was generated. This means that you, and not LazyMaths.com, are entirely responsible for all content that you post, e-mail, transmit or otherwise make available via your account. g). Test Questions Confidentiality: You are on your honor to uphold the standards of truth when taking the tests on our web site. Cheating is not permitted and will not be accepted. In addition, the practice of copying and sharing test questions will not be tolerated. This is in violation of copyright laws and is grounds for termination of your account, prevention of further access to the LazyMaths.com web site, and possible legal action could be brought against you. h). Communications from LazyMaths.com: LazyMaths.com will periodically contact User for customer service purposes, including without limitation by providing Product information (such as Product updates and Content changes) and Product integration ideas. By accessing the Product and the Content, User consents to receive such communications. Use of Account As the Register User for an Account, you are entirely liable for all activities conducted through that Account, and are responsible for ensuring that any other person who uses the Account is aware of the terms of this Agreement and complies with this Agreement. Each person who uses the Account agrees to be bound by the terms of this Agreement, whether or not such person is a User. You will notify us at contact@LazyMaths.com of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your User Name and password. We will have no liability for any circumstances arising from the unauthorized use of a User Name, User's password or Account. Any fraudulent, abusive, or otherwise illegal activity on your Account may be reported to appropriate law-enforcement agencies by us. You are solely responsible for providing all computer hardware, telephone and other equipment necessary to access the Service, including without limitation Internet access software and modems. If you have reason to believe that your Account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your User Name, password, or any credit, debit, or charge card number stored on the Service), you must promptly change your password and notify LazyMaths.com Payment and Billing Practices Payment: Payment for LazyMaths.com services or products may be made by credit card through the payment gateways of Google Checkout or Paypal, or other means by which LazyMaths.com authorizes. Payment must be received by LazyMaths.com prior to acceptance of an order. For credit card transactions, the appropriate information is collected and the transaction takes place on a secure and encrypted server of the Payment gateway service providers. The information provided is used strictly to process the order. All subscriptions will be prepaid. Trials and Subscription Options: Registered users have the added option to purchase various trials and subscription plans with LazyMaths.com to gain access to the Site content and/or Practice Tests. Subscribers will not be automatically renewed for any subscription upon expiration of trial or subscription unless the users subscribe for another subscription term from the account management page of the website. Users also have the ability to upgrade their subscription plan. This can be done online from the account management page of the website. If you upgrade from a monthly or 6-month or to an annual plan, the months corresponding to your upgraded plan are added to the remaining time left on your monthly or 6-month subscription. If a user cancels their subscription, they will continue to receive service until the end of their subscription term. Subscription Fees: Subscription fees for all terms and any discount associated with them are explicitly listed on the website under the Account Management and Membership pages. LazyMaths.com reserves the right to change the amount of, or basis for determining, any fees or charges for the LazyMaths.com service, and to institute new fees or charges effective upon prior notice, by posting such changes on LazyMaths.com site Refunds: LazyMaths.com will also not offer refunds on valid, properly executed orders. Users who have pre-paid for any subscription will not be given refund for the unused portion of their subscription if they plan to terminate their subscription before the natural expiry of its term. Should you have any inquires regarding a request for a refund, this should be directed to support@LazyMaths.com Service and Product Availability LazyMaths.com attempts to be as accurate as possible at all times, when disclosing pricing and availability of subscription options and associated discounts on the web site. However, we do not warrant that the pricing and service content on this web site is always complete, current, reliable, or error free. LazyMaths.com attempts to make its content available to all users at all given times. However, we do not warrant the availability of content and website uptime on a 24x7 basis. LazyMaths.com reserves the right to change our prices, subscription options and site content at anytime, without notice to the customer, although in most cases, we will attempt to make you aware of these changes in advance. Modifications to Service LazyMaths.com reserves the right at any time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that LazyMaths.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service. Terminations Termination: LazyMaths.com reserves the right at any time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice if: (1) The underlying Subscriber Agreement is terminated in accordance with its terms; (2) User violates this Agreement; (3) LazyMaths.com believes in good faith that User's conduct violates or may violate applicable law; or (4) LazyMaths.com believes in good faith that the conduct of user is harmful to the interests of LazyMaths.com or other users or users. You agree that LazyMaths.com shall not be liable to you or to any third party for any modification; LazyMaths.com shall have the right at any time to change or discontinue any aspect of the web site's operation. In addition, we reserve the right to cancel or terminate an individual's account if there is speculation of cheating, misconduct, or similar behaviors. If there is belief that you have violated the Terms and Conditions of Use, LazyMaths.com has the right to deactivate or terminate your account without prior notice of suspension or discontinuance of the service. Effect of Termination: Upon expiration or prior termination of this Agreement, and except for the continuing uses permitted described above, all rights granted herein shall terminate and revert to LazyMaths.com and all access to and use of Product, the Website and the Content must cease. Copyrights and Trademarks The content included on this web site, including, but not limited to the LazyMaths.com Tests, Practice problems, text, graphics, logos, icons, images is the exclusive property of LazyMaths.com and other respective owners that have granted LazyMaths.com the right and license to use such property and is protected by United States and international copyright laws. All trademarks, service marks, and trade names are proprietary to LazyMaths.com or other respective owners that have granted LazyMaths.com the right and license to use such marks. The LazyMaths.com web site contains copyrighted material, including, but not limited to: trademarks and other proprietary information, text, and graphics. Except as otherwise expressly permitted under copyright law, users may not copy, publish, redistribute, modify, transmit, display, sell, create derivative works, or in any way exploit the content or any portion of the LazyMaths.com web site without the express permission of the organization. The Tests and the content are the intellectual property of LazyMaths.com Any reproduction or redistribution of this information without the expressed written consent of LazyMaths.com is strictly prohibited. LazyMaths.com shall be the sole and exclusive owner of all test questions, test question items, assessments or other test products that are offered to the users. By use of this site, you acknowledge that you do not acquire any ownership rights by downloading copyrighted material. All rights not expressly granted are reserved by LazyMaths.com Restrictions on the Use of Material The materials on LazyMaths.com are owned or licensed by LazyMaths.com and are protected by various laws, including trademark and copyright laws. No material may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, but users may download or print copies of the materials for personal, non-commercial home use only, provided that they maintain all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose (including the use of any such material on any other website or networked computer environment) is a violation LazyMaths.com's copyright and other proprietary rights, or the copyright and other proprietary rights of third parties with whom LazyMaths.com has contracted for the right to such materials. Any unauthorized use of these materials may subject you to civil liability and criminal prosecution under applicable laws. Unless otherwise specified, all trademarks, service marks and trade names are proprietary to LazyMaths.com In the event you download software from LazyMaths.com, the software, including any files, images incorporated in or generated by the software and data accompanying the software (collectively, the "Software"), are licensed to you by LazyMaths.com LazyMaths.com, or our contract partners, does not transfer title to the Software to you. LazyMaths.com, or our contract partners, retains full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Software. Comments, Questions and Suggestions We appreciate hearing from our users and welcome your comments, questions and suggestions regarding LazyMaths.com website(s) and the products offered for sale by LazyMaths.com, provided that such comments, questions and suggestions are not illegal, obscene, threatening, defamatory, invasive of privacy, infringements of intellectual property rights or otherwise objectionable or injurious to third parties and do not contain or consist of viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam." You may not use a false email address, impersonate any person, or otherwise mislead us as to the origin of any comment or suggestion. If you do submit comments, questions or suggestions, you should be aware that LazyMaths.com’s policies do not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those that we have specifically requested. LazyMaths.com values your feedback on our products and our service but requests that you be specific in your comments and not submit creative ideas, inventions, suggestions or materials. Any feedback, comments or suggestions that you do send to LazyMaths.com will become the property of LazyMaths.com and shall not be subject to any obligation of confidentiality on the part of LazyMaths.com LazyMaths.com shall not be liable for any use or disclosure of any such feedback, comments or suggestions. LazyMaths.com shall be entitled to unrestricted use of any such feedback, comments or suggestions for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the information. Communications and Content As a part of the service LazyMaths.com provides to our registered users, we communicate via e-mail, direct mail, and other means to inform you of enhancements or changes in offerings, services, or other relevant information targeted to your interests. Details of these communication efforts are noted within the Privacy Policy. Users have the option to remove themselves from various e-mail communications by following the conditions listed within the message or by following the procedures as noted in the Privacy Policy. However, even though users may request removal from the distribution of certain e-mails, we have the right to send messages from time to time as deemed necessary. Under no circumstances will LazyMaths.com be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted within its website or user’s comments. User Warranties By accessing the Product and/or using the Content, User warrants as follows: (i) User will comply with the Agreement, as it may be amended pursuant to sections above; (ii) any materials User may merge with the Content, as permitted by this Agreement, do not and will not contain any libelous, unlawful or infringing materials or content, and will not infringe upon any party's proprietary rights, including but not limited to statutory or common-law copyright, trademark and right of privacy; (iii) the Product and the Content shall not be modified or altered under any circumstances; (iv) all copyright, trademark and proprietary notices included with, attached to or embedded in the Product or the Content will be maintained without modification, obstruction or deletion, including but not limited to proper attribution to LazyMaths.com as the owner of the Product and the source of the Content; and (v) all Log-In Information shall be maintained confidentially. Links to other Websites This web site contains links to Internet web sites maintained by third parties. LazyMaths.com does not operate or control in any respect any information, products, or services on such third-party sites. Third-party links do not constitute any endorsement by LazyMaths.com and/or its affiliates. User assumes sole responsibility for use of these third-party links. The disclaimers set forth herein are equally applicable to such third-party sites. LazyMaths.com has no editorial control over any content supplied by third party content providers and any third party users. Any resources, opinions, advice, or other statements made or expressed by such third parties are those solely of the third party. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the LazyMaths.com site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that LazyMaths.com shall not be responsible or liable for any loss or damage of any sort incurred. Disclaimer and Limitation of Liability LazyMaths.com makes no express or implied warranties that your use of this Internet site (http://www.LazyMaths.com) will be uninterrupted, that messages or requests will be delivered, or that the operation of the Internet site will be error-free or secure. In addition, the security mechanisms implemented by LazyMaths.com may have inherent limitations, and you must determine yourself that the web site sufficiently meets your requirements. You shall be responsible for all use of your account and maintaining the confidentiality of your password and information. We discourage your sharing of your logon ID and password with anyone; any such sharing shall be entirely at your own risk. LazyMaths.com has the right to make changes, improvements and updates to any information contained on the web site without prior notice. THE PRODUCT AND THE CONTENT ARE PROVIDED AS IS, AND ALL WARRANTIES OF ANY KIND, PAST OR PRESENT, WHETHER STATUTORY, COMMON-LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY AND, EXCEPT AS MAY BE OTHERWISE STATED IN THIS AGREEMENT, NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. LAZYMATHS Inc. DOES NOT GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR ACCURACY OF THE PRODUCT OR THE CONTENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LAZYMATHS Inc. OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF LAZYMATHS.COM’S OBLIGATIONS HEREUNDER, AND USER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. LIABILITY FOR ALL CLAIMS ARISING HEREUNDER, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT OF FEES PAID OR PAYABLE BY SUBSCRIBER TO LAZYMATHS Inc. UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM. IN NO EVENT SHALL LAZYMATHS Inc. BE LIABLE FOR ANY LOST DATA, LOST PROFITS, BUSINESS INTERRUPTION, REPLACEMENT SERVICE OR OTHER DAMAGES. Indemnification You agree to indemnify, defend and hold harmless LazyMaths.com, its affiliates and suppliers from any liability, loss, claim and expense (including attorneys' reasonable fees) related to (i) your violation of this agreement, and (ii) your posting of material to this site. Jurisdictional Issues Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. LazyMaths.com makes no representation that materials on LazyMaths.com are appropriate or available for use in all locations. Those who choose to access LazyMaths.com do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from LazyMaths.com is further subject to United States export controls. No software from LazyMaths.com may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. Dispute Resolution This agreement and the resolution of any dispute related to this Agreement or the site shall be governed by and construed in accordance with the laws of New Jersey, without giving effect to any principles of conflicts of law. LazyMaths.com's failure to insist upon strict enforcement of any provision of this agreement shall not be construed as a waiver of any provision or right. Any legal action or proceeding between LazyMaths.com and you related to this agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New Jersey, New Jersey LazyMaths.com is a trademark of LazyMaths.com All other trademarks are the property of their respective owners. Policy Modifications LazyMaths.com may from time to time make amendments to this Agreement. Such amendments will become effective when LazyMaths.com posts an updated User Agreement on the Website, or when LazyMaths.com otherwise provides notice to User of any amendments. User is responsible for periodically checking the posted User Agreement for updates, and User shall be bound by the terms of the User Agreement posted on the Website at the time of User's Website access. Any amended User Agreement shall supersede the previous version of the User Agreement.
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