Terms of Use

Last Updated on January 1st, 2021

Welcome to mathsun.com. Mathsun requires that you carefully read, understand, and agree to the following Terms and Conditions contained in this Terms of Use Agreement ("Agreement”). By accessing, browsing, or using this website, or any page thereof or services offered, (collectively, "Website”) through any direct or indirect means, you accept and agree to be bound by these Terms of Use and Mathsun' Privacy Policy (the "Privacy Policy”), which is incorporated herein by reference. Together, the Terms of Use and Privacy Policy constitute a legally binding agreement by and between you and Mathsun concerning your use of the Website. For purposes of this Agreement, the terms "You” or "Your” means the person(s) using the Website. If You do not agree to these Terms of Use and the Privacy Policy, you are not authorized to access or use the Website and You are to cease accessing or otherwise using the Website.

NOT A GOVERNMENT AGENCY:

Mathsun (mathsun.com) is a privately held for profit entity. mathsun.com has no affiliation or relationship (financial or otherwise) with any political party, government agency, or any other outside group or persons. We pay our operating costs through our advertising revenue. Furthermore, mathsun.com is not affiliated with or endorsed by the U.S. Department of Education. We urge you not to pay any products that you can get for free elsewhere.

RELATIONSHIP AND OBLIGATION REGARDING PRIVATE AGENCIES:

Please be advised that prices and terms may vary between financial agencies and that the cost and resources of the requester are not within the control of Mathsun. You acknowledge and agree that any agreement, policy, and/or any type of contract ("Contract”) for financial help is entered into directly between You and the financial agency. You expressly acknowledged that Mathsun is not a party to any contract between You and any financial agency and that Mathsun, was not, is not, and will not, be involved in any negotiations or any other such dealings that may relate to any Contract between You and the financial agency. You acknowledge and agree that any and all rights, obligations, enforcement, and performance of any contract between You and the financial agency are the sole responsibilities of You and the financial agency.

LICENSE:

Subject to Your compliance with the Terms of Use made available on the Website, Mathsun grants to You a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Website for Your personal and non-commercial use. You expressly acknowledge and agree that the Website and/or any portion of the Website, may not be reproduced, duplicated, copied, modified, sold, resold, or distributed. Except as expressly set forth herein, the Terms of Use does not and shall not grant any rights in or to the intellectual property of Mathsun. In the event that You breach any provision of the Terms of Use, Your rights under this section will immediately terminate.

CONSENT TO COMMUNICATION:

By entering Your personal information into this Website or by completing a request through this Website, You acknowledge that You are expressly granting Your consent to receive communications regarding offers and/or products that Mathsun reasonably believe may be of interest to You and authorize Mathsun to contact You by phone, text, and email (even if Your telephone number is listed on any internal, state or federal Do-Not-Call registry list ) and acknowledge that this communication may be delivered by use of an automated telephone dialer or other automated telephone dialing system and may contain an artificial or prerecorded message. You may opt-out of receiving such communications at any time by texting "STOP” to any SMS message from us. Consent to such communication is not a condition of purchase.

THIRD-PARTY WEBSITES:

The Website may be linked with the websites of third parties ("Third-Party Websites”) Mathsun does not have control over the content and performance of Third-Party Websites. Mathsun hereby states that Mathsun HAS NOT REVIEWED, AND CANNOT REVIEW OR CONTROL, THE MATERIAL, GOODS OR SERVICES, MADE AVAILABLE ON OR THROUGH THIRD-PARTY WEBSITES. ACCORDINGLY, Mathsun DOES NOT REPRESENT, WARRANT OR ENDORSE ANY THIRD-PARTY WEBSITE, OR THE ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS OR QUALITY OF THE INFORMATION MATERIAL, GOODS OR SERVICES AVAILABLE THROUGH THIRD-PARTY WEBSITES. Mathsun DISCLAIMS, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES OR OTHER HARM, TO YOU AND/OR ANY THIRD PARTIES, RESULTING FROM YOUR USE OF THIRD-PARTY WEBSITES.

REPRESENTATIONS AND WARRANTIES:

You represent and warrant that (i) You are at least 18 years of age; (ii) You are authorized to enter into this legally binding agreement; (iii) You will not use this Website for any purpose or manner that violates any laws and/or regulations, or that infringes the rights of Mathsun or any third party; (iv) that all information that You provide in connection with this Website (e.g. name, e-mail address, phone number, social security number, and/or other information) is true and accurate and will not violate any laws, regulations or infringe the rights of Mathsun or any third party; and (v) You are authorized and able to fulfill and perform the obligations and meet the conditions specified herein.

WARRANTY DISCLAIMERS:

Mathsun DOES NOT WARRANT, GUARANTEE OR MAKE REPRESENTATIONS REGARDING YOUR USE, OR THE ULTIMATE OUTCOME OF YOUR USE OF THIS WEBSITE, IN TERMS OF AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, INTENDED PURPOSE, QUALITY, FUNCTIONALITY, OR OTHERWISE. THIS WEBSITE AND MATERIALS CONTAINED HEREIN ARE PROVIDED TO YOU "AS IS” AND "AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY OUT OF COURSE OF DEALING, USAGE OR TRADE. LIKEWISE, Mathsun DOES NOT WARRANT, GUARANTEE OR MAKE REPRESENTATIONS REGARDING THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, SAFETY OR LEGALITY OF THE REQUESTED OR OFFERED FINANCIAL HELP, THE ABILITY OF FINANCIAL AGENCIES TO DELIVER FINANCIAL HELP, YOUR ABILITY TO OBTAIN FINACIAL HELP.

MODIFICATIONS:

Mathsun reserves the right at any time to modify, alter and/or discontinue, whether temporarily or permanently, the Website, or any part thereof, with or without prior notice. Mathsun shall not be held liable to You or any third party for any such alteration, modification, suspension, and/or discontinuance of the Website, or any part thereof.

PROHIBITED USES:

We impose certain restrictions on the use of the Website. You represent and warrant that You will not:

(a) violate or attempt to violate any security features of the Website or Services;

(b) copy or otherwise duplicate, directly or indirectly, any portion of the Website, including without limitation, all designs, information, photographs, images, drawings, videos, music, text, typefaces, graphics, products, code, and other files, and the selection, arrangement and organization thereof (collectively, "Content”); (c) distribute, display, modify, transmit, resell, reuse, or repost Content in any electronic form, including any online service, the Internet or any other telecommunications medium which now exists or shall exist in the future, for any purpose, without the prior written consent of Mathsun;

(d) impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity;

(e) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website for any use, including without limitation use on third-party websites;

(f) access content or data not intended for You, or log onto a server or account that You are not authorized to access; (g) attempt to probe, scan, or test the vulnerability of the Services, the Website, or any associated system or network, or breach security or authentication measures without proper authorization;

(h) interfere or attempt to interfere with the use of the Website by any other person, host, or network, including, without limitation by means of submitting a virus, overloading, "flooding,” "spamming,” "mail bombing,” or "crashing” or (i) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by this Website. Any violation of this section may subject you to civil and/or criminal liability.

LIMITATION OF LIABILITY:

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL Mathsun, BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO FIFTY DOLLARS ($50.00 USD). YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE USE OF THE WEBSITE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU AND ACKNOWLEDGE THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

INDEMNIFICATION:

As a condition of use of the Website and without limiting any indemnification provision of this Agreement, You agree to defend, indemnify and hold harmless Mathsun its officers, directors, employees, agents, representatives, sub-licensees, successors and assigns (collectively, the "Indemnified Parties”) from and against any and all claims, actions, demands, causes of action and other proceedings (collectively, "Claims”), including but not limited to legal costs and attorneys' fees, arising out of or resulting from Your use of the Website, including without limitation any claims alleging facts that if true would constitute a breach by You of this Agreement. The Indemnified Parties will have the right, but not the obligation, to participate through counsel of their choice in any defense by You of any Claim as to which You are required to defend, indemnify or hold harmless the Indemnified Parties. You may not settle any Claim without the prior written consent of the concerned Indemnified Parties.

GOVERNING LAW:

The Website and these Terms of Use will be construed, enforced, and governed in accordance with the laws of the State of California, without regard to any conflict of law principles. The state or federal courts in Los Angeles County, California will have exclusive jurisdiction and venue over all controversies in connection with this agreement, and You hereby consent to such exclusive and personal jurisdiction and venue. Any claim You may have against Mathsun must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to the Website and/or these Terms of Use and that each party has the right to seek attorneys' fees in any proceeding.

NOTICES:

All notices required or permitted to be given under this Agreement must be in writing. Mathsun shall give any notice to You by email sent to Your most recent email address, if any, which was provided by You. You agree that any notice received from us electronically satisfies any legal requirement that such notice is in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH US IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY US OF AN EMAIL TO THAT ADDRESS. You shall give any notice to us by means of email to support@mathsun.com Notice to us shall be effective upon receipt.

SEVERABILITY:

If any provision of these Terms of Use shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, these Terms of Use as a whole shall not be deemed unlawful, void or unenforceable, but only that provision of these Terms of Use that is adjudged to be unlawful, void or unenforceable shall be limited or eliminated from these Terms of Use. All remaining provisions shall remain in full force and effect.

MISCELLANEOUS:

The headings contained herein are for convenience of reference only and shall not limit or otherwise affect in any way the meaning or interpretation of these Terms of Use.

ENTIRE AGREEMENT:

these Terms of Use and Mathsun' Privacy Policy, which is hereby incorporated by reference as if set forth fully herein, represent the entire agreement between You and Mathsun with respect to the subject matter herein and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written.