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Terms of Use

Last modified: July 12, 2016

We offer you the services of Mathway on the condition that you agree to the following terms:

Acceptance

The following legal terms and conditions govern your use of the general information, problem solutions, steps, explanations, graphs, worksheets, materials and documents being made available to you on this app/website (the "Materials") by Mathway. BY USING THE MATERIALS, YOU SIGNIFY ELECTRONICALLY YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED HEREIN (THE "TERMS OF USE").

Please review these terms carefully. If you do not agree to these Terms of Use please do not use this app/website, or the Materials.

We reserve the right, at our discretion, to update or revise these Terms of Use at any time. Please check the Terms of Use periodically for changes. Your continued use of the Materials following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Proprietary Rights

You acknowledge and agree that the Materials are protected by copyright, trademark, patent, trade secret, and other proprietary rights and laws. No portion of the Materials or the data contained in the Materials may be reproduced in whole or in part unless expressly authorized by Mathway in writing. The Mathway name and logo, and all related product and service names, design marks and slogans are the trademarks or registered trademarks of Mathway. All other product and service marks contained herein are the trademarks of their respective owners. You may not use any Mathway or third party trademarks or logos without the prior written consent of Mathway or the applicable trademark owner.

License to and Limitations on Use of Materials

Provided you comply with these Terms of Use, Mathway grants you a nonexclusive, non-transferable license to view and print the Materials solely for your own personal non-commercial use. You may share materials with another individual for that individual's personal non-commercial use. You may not commercially exploit the Materials or the underlying data, including without limitation, you may not create derivative works of the Materials, use any data mining, robots, or similar data gathering and extraction tools on the Materials, frame any portion of the Materials, or reprint, copy, modify, translate, port, publish, sublicense, assign, transfer, sell, or otherwise distribute the Materials without the prior written consent of Mathway. You shall not derive or attempt to derive the source code or structure of all or any portion of the Materials by reverse engineering, disassembly, decompilation or any other means. You shall use the Materials and this app/website for legal purposes only and shall not use them in any manner that violates the laws of any jurisdiction. You do not receive any, and Mathway and its licensors retain all, ownership rights in the Materials. You may not alter or remove any copyright notice or proprietary legend contained in or on the Materials. Nothing contained herein shall be construed as granting you a license under any copyright, trademark, patent or other intellectual property right of Mathway or any third party, except for the right of use license expressly set forth herein.

Your License to Mathway

Should you provide Mathway with information including but not limited to feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, such information shall be deemed to be nonconfidential and Mathway assumes no obligation to protect such information from disclosure. The submission of such information to Mathway shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by Mathway for any purpose whatsoever and by such submission you (i) grant to Mathway the irrevocable right to reproduce, use, disclose and distribute the information to others without restriction or compensation required, and (ii) warrant and represent that you own or otherwise control all of the rights to the information and that public posting and use of the information by Mathway will not infringe or violate the rights of any third party.

No Warranties

THIS APP/WEBSITE AND THE MATERIALS ARE PROVIDED WITH ALL FAULTS ON AN "AS IS" AND "AS AVAILABLE" BASIS. MATHWAY, ITS LICENSORS AND OTHER SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES THAT THE APP/WEBSITE AND MATERIALS ARE FREE OF DEFECTS, VIRUS FREE, AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THEY WILL MEET YOUR REQUIREMENTS, OR THAT ERRORS WILL BE CORRECTED, AND THE IMPLIED WARRANTIES THAT THE APP/WEBSITE AND MATERIALS ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NO ADVICE OR INFORMATION GIVEN BY MATHWAY, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES OR AUTHORIZED AGENTS SHALL CREATE A WARRANTY OR EXPAND THE SCOPE OF ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. YOUR USE OF THIS APP/WEBSITE AND THE MATERIALS IS SOLELY AT YOUR OWN RISK.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

These Terms of Use constitute the entire agreement between you and Mathway with respect to the Materials and this app/website. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Mathway has the right at any time to change, modify, add to or discontinue or retire any aspect or feature of the app/website or Materials, including, but not limited to, the software, content, hours of availability, equipment needed for access or use, or the availability of the app/website or Materials on any particular device or communications service. Mathway has no obligation to provide you with notice of any such changes.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL MATHWAY, AFFILIATES, EMPLOYEES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR RESELLERS (COLLECTIVELY, THE "MATHWAY GROUP") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, MISUSE OF, INABILITY TO USE, OR RELIANCE UPON THIS APP/WEBSITE OR THE MATERIALS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE MATHWAY GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. THE MATHWAY GROUPS LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL THE MATHWAY GROUP BE HELD RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED TO YOU IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SITES LINKED TO OR FROM THIS APP/WEBSITE.

Without limiting the foregoing, under no circumstances shall the Mathway Group be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.

Subscriptions

Unless otherwise noted, all subscriptions will automatically renew at the end of the selected subscription period until cancelled. Subscriptions can be cancelled at any time via your account settings.

Indemnification

Upon a request by Mathway, you agree to defend, indemnify, and hold harmless the Mathway Group from all liabilities, claims, and expenses, including attorney's fees that arise from your violation of these Terms of Use or your use or misuse of the Materials or this app/website. Mathway reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Mathway in asserting any available defenses.

Disclaimer of Endorsement

Reference herein or on the app/website to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by Mathway. Product and service information are the sole responsibility of each individual vendor.

International Use

Mathway makes no representation that the Materials are appropriate or available for use in locations outside the United States, and accessing it from territories where the Materials are illegal is prohibited. Those who choose to access this app/website from other locations do so on their own initiative and are responsible for compliance with local laws.

Choice of Law and Forum

These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Materials and this app/website shall be initiated and maintained only in the state and federal courts located in Pennsylvania (USA), and you further agree and submit to the exercise of personal jurisdiction and venue of such courts for the purpose of litigating any such claim or action. Any action by you against Mathway or the Mathway Group hereunder shall be brought within one (1) year after the claim arose, or be barred.

Severability and Integration

These Terms of Use constitute the entire agreement between you and Mathway with respect to the Materials and this app/website. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Termination

Mathway reserves the right, in its sole discretion, to terminate your access to the Materials or to all or part of this app/website, with or without notice.

For further information and/or questions regarding the Materials or this app/website, please contact us.

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