TERMS AND CONDITIONS OF USE AGREEMENT
Welcome to MathWiz Inc. and its services and products (referred to from now on in this document as "MathWiz"). MathWiz offers online educational math services and products which include video/animated lessons, live lessons, interactive problem sets, study guides, practice tests, practice exams and progress reports. As well, MathWiz provides a resource for teachers to use as a guide to delivering their program in school or as a tutor. This site is owned and operated by MathWiz Inc.
Terms of Agreement provide for the legal terms by which you are bound when you use MathWiz. If you use MathWiz then you are bound by these legal terms whether you are a subscribed member of MathWiz or not. You can only use MathWiz if you accept these terms of Agreement. You must also accept that MathWiz has the power/authority to change any part of its services and its charges according to its wish. If MathWiz finds out that you have broken this Agreement then at any time MathWiz may cancel your membership/subscription, and suspend or terminate your access to a part or all of the MathWiz.
Eligibility and Site Use
MathWiz should not be used where it is prohibited. MathWiz is only meant for children of elementary or high school who are 13 years old or older or adults. If a child is below 13 years then his/her registration should be done by a parent or legal guardian, who are allowed to use MathWiz.
MathWiz may establish practices and limits concerning the use of the site and applications, including the maximum disk space that will be allotted to your use. You agree that MathWiz has no liability or responsibility for the storage or deletion of any materials that you submit or post. MathWiz reserves the right to change these general practices and limits at any time in its sole discretion, with or without notice.
Registration or Sign-Up
In order to use the limited services of MathWiz free from 8am-4pm Mon-Fri EST or during Free Trial periods, you must first create an account by completing a sign-up form on our website at Create Account. MathWiz will use your email address as your login username. During sign-up, you are required to give contact information (such as your name, email address, country) and some information about you (school, school board, grade, type of user).
We ask users who create an account with us to provide us with their email address in order to (1) complete the registration of your account,(2) enable us to send you information about MathWiz updates, and (3) respond to your questions. Should you provide us with an invalid email address, we reserve the right to cancel your registration.
Obligations for Using Your Password and Login Information
We do not distribute passwords to anyone except (1) an educational institution that purchases MathWiz on the student’s behalf (ie. school or board license), or (2) to an outside service provider if the password is strictly necessary to provide the products and services you have purchased. If you forget your password or wish to change it or to change your email address, you can reset it from your computer by accessing the My Account page. If you forget your email address, you can contact MathWiz through our Contact form. You should not share your password or login information. If you are in session using our lessons and someone else logins in with your login then you will be disconnected. Last login is the active one. You are responsible for protecting the security and confidentiality of your password except solely when it is in our possession and control. If you suspect that someone may have obtained access to your password who is not intended to have authority to act on your behalf, please contact MathWiz immediately to authorize MathWiz to deny access to anyone else presenting your password.
Proper Use of Site
In order to use MathWiz you must provide legitimate and complete information about you while registering. Keep your password and identity confidential. Update your information which you provide to MathWiz in a timely manner so as to keep it current and complete.
Be responsible fully for your account. If MathWiz finds out or believes that the information you provided is false, not complete or not current then MathWiz may suspend or terminate your account.
The accuracy or the integrity of the content contained in the MathWiz is not guaranteed. You should not be solely dependant on any of the content of MathWiz for your success at school. MathWiz is a supporting resource to your normal school course work and learning.
We follow the Ontario Ministry Guidelines for Mathematics but do not claim that we fulfill all of their requirements and expectations. MathWiz does not grant credits for completion of its courses and currently does not have the endorsement of the Ontario Ministry of Education.
Prohibited Use of Site
You must accept that you will not use MathWiz to take any of the following steps:
- Use any methods which try to circumvent any legal copyright issues or gain control over license-enforcement mechanisms which are utilized to guard the content made available by MathWiz.
- Imitate copy or sell for any purposes any data given by MathWiz.
- Request personal information from any other user.
- Promote and offer to sell any products or services for any business purpose.
- Promote surveys, contests, illegal stuff or any chain letters.
- Disrupt or interrupt MathWiz’s website and networks.
- Defame any person or entity or falsely state or misrepresent your affiliation with a person.
- You shall not create a user name or upload to, distribute through or otherwise publish through the site any Materials which are indecent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, contain expressions of hatred, bigotry, racism or pornography, or are otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law.
- You shall not upload to, distribute through or otherwise publish through the site any Materials that contain viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
At times MathWiz may provide users with the opportunity to submit “Materials” (lesson ideas, completed lessons or other content as outlined on the submissions form) for use by other users. In such cases MathWiz will have the 100% rights to the content. MathWiz will adhere to copyright or other intellectual property infringement that may appear in your Materials and take action to remove the Materials from the site.
By submitting Materials in any form to MathWiz, in addition to other provisions of the Terms, you automatically grant MathWiz a royalty-free, world-wide, non-exclusive, and assignable right and license to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display and publicly perform such Materials for the purpose of displaying and promoting the Materials on any website operated by, and in any related marketing materials produced by, MathWiz and its affiliates. You obtain no rights in any form, media, or technology incorporating the Materials.
You agree to indemnify and hold MathWiz, its parent company, affiliates, officers, agents, partners and employees harmless from any claim or demand, including reasonable attorneys fees, arising out of your content and materials, your use of MathWiz, your violation of these Terms or your violation of any third party's rights including such party's copyrights and trademarks.
MathWiz has the full rights to modify any part or whole of these terms of service and such editing will be effective instantly.
This Site is controlled and operated by MathWiz from its offices in Mississauga, Ontario, Canada. MathWiz makes no representation that the MathWiz content or related information and Materials offered by MathWiz are appropriate or available in other locations. Those who choose to access MathWiz from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Termination or Cancellation of MathWiz access
If you violate these Terms, MathWiz may terminate or cancel your access rights to the MathWiz site immediately without notice. MathWiz may also block your use of the Site or direct you to cease using it. MathWiz reserves the right at any time to modify or discontinue the site, or any part thereof and you agree that MathWiz shall not be liable to you or to any third party for any modification, suspension, or discontinuance of MathWiz or any part thereof, except you may receive a pro-rata refund in the event such modification, suspension, or discontinuance materially affects your access to those parts of the Site or Applications that you have paid for.
The entire agreement between you and MathWiz is constituted in this Agreement. If any part of the provision of this Agreement is found out to be inaccurate or false, then such provision will be removed and it will be replaced by a legitimate enforceable provision which closely resembles the original provision along with the enforcement of the rest of the provisions. The interpretation of this Agreement will be done in accordance with the Laws of the Province of Ontario, Canada.
March 21st, 2016.
How is my personally identifiable information used by MathWiz?
MathWiz gathers user information to provide you with a customized experience on our sites. Your user information helps us tailor the content, services, goods and advertising to your current and future needs. For this reason, we may ask you to register or to provide personal information when you submit a contribution, download free software or content, enter a contest, write reviews, order products, subscribe to a newsletter and/or visit certain areas of the MathWiz site. If you choose not to register you may not have access to areas that require personal identification.
When does MathWiz collect my information, including personally identifiable information?
Registration and Email
When you register (sign-up), MathWiz will ask for your email address which will be your username, and other information. Once you are a registered user you can update your profile and may be able to provide additional preferential information. If you will be registering with our site or purchasing products from us when those options are available, we may email you with messages from time to time about our services or third party products and services we believe may be of interest to you, such as new products, features, services, special offers and updated information. As well, you may automatically receive emails confirming your registration and/or purchase and providing you with necessary information relating to the access or use of your registration and/or purchase.
In the near future, we may publish a newsletter(s) that may contain code which enables our database to track your usage of the newsletters, including whether the email was opened and/or what links (if any) were clicked. We will combine that information with other information we have about you and may use that information to improve your site experience and/or provide customized email communications to you.
Subscription requires completing a Sign-up form and then following steps to complete a purchase order. Payment for Class Order subscriptions are either by cheque or PayPal. Individual Student subscriptions are by PayPal only.
Special Contests or Promotions
MathWiz may occasionally present a special contest or promotion that is sponsored by another company. To qualify for entry in that contest or promotion, we may ask you to provide personal information. If we plan to share that information with the sponsor(s) or with others, we will provide a statement to that effect in the contest or promotion terms.
All communication on the internet takes place between pairs of IP Addresses. Our Web servers will log the IP address that any connection is made from. We may use these IP addresses to help diagnose technical problems or prevent abuse of our systems or other site users. Your IP address may also be used to gather aggregate demographic data and target advertisements accordingly.
Web logs automatically record anything a web server sees, which may include email addresses you enter into a form or pages viewed by a user at a particular IP address. If you are not a registered user of MathWiz, we will not use the information from web logs to market to you. If you are a registered user of MathWiz and have not elected to Opt-Out of receiving email from the MathWiz Newsletter, we may use web log information about your use of MathWiz in order to inform you about content, products, or services in accordance with your email options.
Links to Other Sites
The MathWiz may contain links to third party sites that are not under the control of MathWiz and MathWiz is not responsible for any content on any linked site. If you access a third party site from the Site, then you do so at your own risk. MathWiz provides links only as a convenience and the inclusion of the link does not imply that MathWiz endorses or accepts any responsibility for the content on those third party sites. Additionally, your dealings with or participation in promotions of advertisers found on the site, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that MathWiz shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
Who does MathWiz share information with?
However, MathWiz may disclose information you provide if required to do so by law or if we have a good faith belief that disclosure is necessary to (1) comply with the law or with legal process served on MathWiz; (2) protect and defend the rights or property of MathWiz; or (3) act in an emergency to protect someone's safety.
We may request demographic information from you (for example, your age or education level) from time to time. We will not share that information in a manner that identifies you as an individual with any other entity, unless we let you know that at the time of collection or we have your permission.
In the event that MathWiz is acquired by another company, your personal information may be part of the assets transferred to the acquiring party.
What are my options to control the use of my personally identifiable information?
The email address you provide during Sign-up will be used to inform you of updates and /or products that may of interest to you. We do not have a regular newsletter at the present time but may in the near future. At that time, the following notice will take effect:
If you do not want to receive information from MathWiz, you may decline to receive it by completing the form in the Contact area.
What about kids' personally identifiable information?
The MathWiz site is for general audience and is not directed to children under the age of 13. MathWiz assumes products purchased through credit card means or online payment methods like PayPal are purchased by adults. MathWiz respects the privacy of parents and children and is committed to complying with the Children's Online Privacy Protection Act (COPPA). On those areas of the Sites that ask for age, MathWiz does not collect personal information from individuals who identify themselves as under the age of 13 except in those limited circumstances where MathWiz believes that such collection is permitted under COPPA.
If a parent believes that his or her child has submitted personal information to MathWiz, he or she can contact us via e-mail as listed below. MathWiz will promptly delete the information upon learning that it relates to a child under the age of 13. Please note that it is possible some of this information may remain archived in web logs and back-up archives after MathWiz deletes the information from its active database (see the Web Logs paragraph above, and the Archived Information paragraph below). MathWiz believes that parents should supervise their children's online activities and consider using parental control tools available from online services and software manufacturers that help provide a kid-friendly online environment. These tools can also prevent children from otherwise disclosing online their name, address and other personal information without parental permission.
What else should I know about my privacy?
MathWiz has security measures in place to protect the loss, misuse and alteration of the information under our control. These include a firewall to prevent unauthorized access to our systems and maintenance of registration information in a separate database. Although we will exercise reasonable care in providing secure transmission of information between your computer and our servers, we cannot ensure or warrant the security of any information transmitted to us over the Internet and we accept no liability for any unintentional disclosure. We will protect the transmission of credit card information through industry standard, SSL (secure socket layer) encryption.
Blogs and Other Public Areas
MathWiz may offer blogs, user reviews, multi-player games, bulletin board, or other public functions and any posting by you is considered public information available to other users. Any posting is governed by MathWiz's Terms and Conditions of Use. You should take care to not use personal information in your password or other information that might be publicly available to other users.
Tell a Friend
If a user elects to use our referral service for informing a friend about our site or particular features or content, we ask them for the friend's name and email address. MathWiz will automatically send the friend a one-time email inviting them to visit MathWiz. MathWiz stores this information for the sole purpose of sending this one-time email. Your personal information is password-protected, and you should take appropriate measures to protect the secrecy of your password. If you use a computer in a public place or share a computer with others, remember to sign out and close your browser window when you finish a session with MathWiz in order to prevent others from accessing your personal information.
MathWiz maintains archives of its web logs, database, and other systems and information. Please note that it is possible some of this information may remain archived after MathWiz deletes the information from its active database (see the Web Logs paragraph above). MathWiz maintains archives for disaster recovery, legal and other non-marketing purposes.
How can I update my Account?
Your account can be updated after logging in.
MathWiz would like to receive your comments and questions about this Privacy Statement. Please address comments or questions regarding MathWiz 's Privacy Statement to us via email.
You can complete our email form in the Contact area of the site.
Your use of MathWiz, including any dispute concerning privacy, is subject to this Privacy Statement and MathWiz 's Terms and Conditions of Use.
By using MathWiz, you are accepting the practices set out in this Privacy Statement and those Terms and Conditions of Use. We reserve the right to modify this Privacy Statement at any time by posting the changes on this page. Please check the revision date at the bottom of this page to determine if the statement has been modified since you last reviewed it. Your continued use of any portion of MathWiz following posting of the updated Privacy Statement will constitute your acceptance of the changes.
March 21st, 2016.