Terms and Conditions
Terms of Use
This is an Agreement between you and “Life of Math” (Mental Math Abacus, LLC), and governs both your legal rights with regards to www.lifeofmath.com (“Website”) the business as well as your use of our Website, and our service such as Video course, Online Interactive session, and physical class rooms.
You explicitly and implicitly agree to be bound by the terms and conditions of this Agreement as well as our Privacy Policy each time you access our Website or use our service. If you do not wish to be so bound, please do not use or access our Website or use our service.
We may amend this Agreement at any time by posting the amended terms on the Website. At our sole discretion, we may post notices on the homepage of our Website when such changes occur. Such changes become effective upon their posting, unless otherwise specified.
- For Video course, Online Training Library (OTL) means the subscription-based database of audio-visual works that is available through the Website and is part of the Website.
Our Service
Life of Math provides different services such as Video lessons, Online Interactive sessions, On site program “Our Service”.
Is there a copyright involved?
Life of Math reserves the right to discontinue/ discount any course. Life of Math can also apply promo-codes, if deemed necessary.
Instructors
Life of Math does not certify or otherwise validate the personal backgrounds and qualifications of instructors. As such, you understand and agree that Life of Math is not liable for acts of instructors, whether online or offline.
Limited License
Life of Math grants you a non-exclusive, non-transferable, revocable license to access and use our Website and Service, strictly in accordance with this Agreement and our Privacy Policy. In return for this license, you agree to wholly abide by all terms of this Agreement, of which the violation of any is grounds for the immediate termination of your account without notice as well as for subjecting you to possible civil and criminal action.
Our Intellectual Property
The User agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of our Services, use of our Services, or access to our Services. You agree to use any material provided in coursework only for the child that is enrolled in the program. You will not distribute, make copies of any content in any form digital or physical without permission from a publisher. You understand and agree that our Website and related technologies, material, courses, products are protected by United States Copyright Law and as such, you will not attempt to reverse engineer or otherwise copy our content other than is necessary for its intended use. Any violation of this provision is grounds for subjecting you to civil and criminal action under current United States Copyright Law. You understand and agree that Life of Math and Mental Math Abacus and our products and courses may be trademarks and/or service marks of their respective owners, and that as such, you may not use any such trademark or service mark in connection with any product or service in any manner which violates applicable United States or State Law.
Any violation of this provision is grounds for subjecting you to civil and criminal action under current United States Copyright Law. You understand and agree that Life of Math and other product and company names mentioned on our Website may be trademarks and/or service marks of their respective owners, and that as such, you may not use any such trademark or service mark in connection with any product or service in any manner which violates applicable United States or State Law.
Right to Refuse Use
Life of Math has sole discretion in determining whether to accept or refuse use of our Website to anyone without the need to provide explanation. Life of Math has no liability whatsoever for such refusal.
No Liability for Access by Minors
Life of Math is not responsible for determining the age of its users and has no liability whatsoever should a minor use our Website and Service but would otherwise be prohibited due to the minor’s age.
Billing Terms
Payment Terms and Conditions (NO REFUND POLICY)
Refund Policy: Life of Math and Mental Math Abacus do not issue refunds for any reason with regards to our Service or any other purchases made.
All purchases are final. Fees/tuition once paid, are neither refundable nor transferable in any case. No make up for any classes missed.
In case of physical classrooms must shut down due to pandemic or any other unforeseen reason, Life of Math will provide Video lessons to complete the required session. It will NOT be an Online Interactive session, but child will get access to video lesson(s) depending upon the course he or she is enrolled in to complete those sessions. There will be NO REFUND for the remaining sessions of onsite classroom. If you think you do not want video lessons in place of physical classroom then DO NOT use Life of Math services for onsite classrooms.
Termination / Cancellation
If your child for any reason cannot attend these session after enrolling into the program, Life of Math and Mental Math Abacus offers no refund. There is no trial session. There is no make up.
Photo/Video Release:
You grant “Life of Math”, and its representatives the irrevocable and unrestricted rights to use, reproduce and publish photographs of you and your child and videos of child/classrooms performing calculations for editorial, trade, advertising or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. You release “Mental Math Abacus” and “Life of Math” from any claims, actions and liability relating to its use of said photographs and videos.
Waiver, Liability Disclaimer, copy right and more
You waive certain legal rights including the right to sue.
In consideration of being allowed to participate in any way in the Life of Math, its related events and activities, You acknowledge, appreciate, and agree that:
1. I KNOWINGLY AND FREELY ASSUME SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for me and my child’s participation; and,
2. I willingly agree to comply with the stated and customary terms and conditions for participation, if, however, I observe any unusual significant hazard during my or my child’s presence or participation, I will remove myself/my child from participation and bring such to the attention of the Company immediately; and
3. I, for myself and on behalf of my child (children), assigns, personal representatives and next to kin, HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS LIFE OF MATH and MENTAL MATH ABACUS, their officers, officials, agents and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used for activity (“Release”) WITH RESPECT ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property associated with my presence or participation, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASES OR OTHERWISE, to the fullest extent permitted by Tennessee law and Florida Law.
Warranties
Life of Math and Mental Math Abacus make no warranty that: (a) the Services will meet your requirements, (b) the Services will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the Services will be accurate or reliable, (d) the quality of any products, Services, information, or other material purchased or obtained by you through the Services will meet your expectations, and (e) any errors in the software, material will be corrected.
Life of math and Mental Math Abacus make no warranties of any kind, including but not limited to, any warranty of merchantability or fitness for a particular purpose. Life of math and mental math abacus shall not have any liability whatsoever for any cover or set off nor for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if such party has been advised of the possibility of such damages.
- Life of Math may increase subscription/course fees for a subsequent subscription period at any time and for any reason, provided, however, that Life of Math provides notice at least thirty (30) calendar days prior to the expiration of the subscription or course work.
- Only users who have subscribed or enrolled to the course have to the right to access it. It cannot be broadcast and shared with any other party.
- Use of the OTL granted under these Terms is effective only upon payment of the subscription/course fees.
Credit Card Charge-Backs
While we actively support fighting credit card fraud, Life of Math has a zero-tolerance policy regarding credit card charge-backs. If you use a credit card to purchase our Service, subscriptions and then start a charge-back process regarding such a purchase, Life of Math reserves the right to immediately terminate your account AND your account and the credit card number you provided will be blacklisted in our systems. Should Life of Math do this, you will never again be able to use that account and credit card with Life of Math.
General Content Disclaimer
The opinions expressed on our Website are strictly those of the person who gave them and are in no way endorsed or otherwise supported by Life of Math, other than that they appear on our Website. You understand and agree that you rely upon any content found on our Website solely at your own risk. Individual content provided by users represents their own ideas and positions and are not in any way edited by Life of Math, though we may remove content that is abrasive, inflammatory, racial, or violates state or federal laws. However, Life of Math has no obligation to update any content on our Website, and we do so at our sole discretion.
Our Website content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date, and similar to any printed materials, it may become out-of-date.
Liability Disclaimer
Life of Math is not responsible or liable in any manner for any content on our Website, including, but not limited to, factual information, 3rd party applications, viruses, etc. as posted on our Website or caused by users of the Website, or in connection with third parties or by any of the equipment or programming associated with or utilized in our Website. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on our Website. Furthermore, we are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on our Website. Life of Math is not responsible for the conduct, whether online or offline, of any user of the Website.
Life of Math may be temporarily unavailable from time to time for maintenance or other reasons. Life of Math assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications in your use of our Website. Life of Math is not responsible for any technical malfunction in your use of our Website, including, but not limited to, problems with using the Website, loss of personal content on our Website, and lost or undeliverable email. Under no circumstances will the Life of Math be responsible for any loss or damage, including, but not limited to personal injury or death, resulting from use of our Website, or any interactions between users of our Website, whether online or offline.
In case of physical classrooms must shut down due to pandemic or any other unforeseen reason, Life of Math will provide Video lessons to complete the required session. It will NOT be an Online Interactive session, but child will get access to video lesson(s) depending upon the course he or she is enrolled in to complete those sessions. There will be NO REFUND for the remaining sessions of onsite classroom. If you think you do not want video lessons in place of physical classroom then DO NOT use Life of Math services for onsite classrooms.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. LIFE OF MATH AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION AS FOUND ON OUR WEBSITE. LIFE OF MATH CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE AND SERVICE. LIFE OF MATH DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OR MATERIALS ON OUR WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, OR THAT OUR WEBSITE, SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU OBTAIN CONTENT, MATERIAL OR DATA (INCLUDING ANY MOBILE CLIENT), FROM OR THROUGH OUR WEBSITE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
LIFE OF MATH AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. OUR WEBSITE, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
IN NO EVENT WILL LIFE OF MATH OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, OR ANY OF OUR WEBSITE’S CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH OUR WEBSITE, EVEN IF LIFE OF MATH IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LIFE OF MATH’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, SHALL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO LIFE OF MATH FOR THE PURCHASE GIVING RISE TO LIABILITY.
Waiver of Liability for Links to Other Websites
Our Website may contain links to other websites. You understand and agree that Life of Math has no control over the content of any such websites, especially with regard to the accuracy, reliability, and timeliness of their content. As always, you understand and agree that your use and reliance on any content from such other websites is solely at your own risk. You understand and agree that Life of Math is in no way liable for any damages to you that may arise from such use or reliance, regardless of whether you reached such a website through our Website.
Monitoring and Removal of Information
You understand and agree that Life of Math reserves the right to monitor all public postings and messages to ensure that they conform to our content guidelines. We also reserve the right to monitor all messages and chats that take place through our Website. You understand and agree that monitoring is at our discretion and that we cannot and do not monitor every message or other material posted or sent by users of our Website. You understand and agree that Life of Math is not responsible in any way for monitoring or failing to monitor any offensive or obscene materials that may be transmitted or posted by other users, including, but not limited to, current users, unauthorized users, hackers, etc. Furthermore, you also understand and agree that Life of Math is not responsible for the use of any personal information that a user may choose to post on our Website. However, you understand and agree that Life of Math reserves the right to delete, move, or edit messages or materials, including, but not limited to, advertisements, public postings, and messages, that we, in our sole discretion, deem necessary to be removed.
Promotional Lists and Newsletters
You understand and agree that by using our Website, your name may be placed on promotional lists to receive emails regarding our Website, news from our affiliates, and the Life of Math newsletter. If at any time you no longer wish to receive such emails, please email us at info@lifeofmath.com.
Advertisers, User Contributions, Testimonials and Opinions
You understand that our Website and any newsletters or emails you receive from Life of Math or our affiliates may include advertisements, user-contributed materials (such as blogs or discussion groups), testimonials and opinions from other individuals, including, but not limited to, users of our Website, manufacturers and service providers, and other industry professionals. You understand and agree that such advertisements, user-contributed materials, testimonials, and opinions are considered those of the individual that gave them and in no way represent a warranty of our Website. Furthermore, you understand and agree that Life of Math is no way liable for the content and your reliance on it of any such advertisements, user-contributed materials, testimonials, and opinions.
Rules of Conduct While Using Our Website
All users of our Website understand and agree to the following rules of conduct while using our Website:
- You agree to use our Website and its content solely for its intended purposes;
- You agree to abide by this Agreement, our Privacy Policy, and any other legal documents as posted on our Website;
- You agree to not in any way attempt to use any method to gain unauthorized access to any paid features of our Website;
- You agree to not copy, print (except for personal use), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of our Website and/or its content;
- You agree to not use our Website or any content obtained from it to develop, as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism;
- You agree to not use automated scripts to collect information from or otherwise interact with our Website;
- You agree to not use our Website to “stalk” or otherwise harass another person;
- You agree to not harvest or collect email addresses or other contact information from users of our Website and Service for the purposes of sending unsolicited emails or other unsolicited communications;
- You agree to not upload, post, or otherwise transmit any content to Life of Math, our affiliates, our Website, or our Visitors or users:
- That is unlawful, harmful, threatening, defamatory, vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially oppressive or insensitive, harms minors, or is ethically or otherwise objectionable;
- That you do not have a right to transmit under any law or under contractual or fiduciary relationships (including, but not limited to: inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements).
- That infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- That contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- That interferes with or disrupts the Service or servers or networks connected to the Service, or disobeys any requirements, procedures, policies or regulations of networks connected to the Service;
- That intentionally or unintentionally violates any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, but not limited to, the New York Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
- That collects or stores personal data about other users, through programmatic or any other means.
- That promotes or provides instructional information about illegal activities; promotes hate, physical harm or injury against any group or individual; or promotes any act of cruelty to animals. This may include, but is not limited to offers of prostitution, the illegal sale of firearms or drugs, instructions on how to commit crimes, selling alcohol to minors, etc.
- That is in any way considered unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
- That makes publicly available on our Website, any private information of any third party, including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
- That, in our sole discretion, is objectionable or which restricts or inhibits any other person from using or enjoying our Website, or which may expose Life of Math and its users to any harm or liability.
- You agree that any links you provide in content that you post on our Website conforms to the terms of all legal agreements as posted on our Website.
- You agree that while we do not claim ownership in any of your content, when you post content to our Website, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of such content on our Website. Also, by doing this, you also automatically grant, and warrant that you have the right to grant, to Life of Math an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such content for any purpose on or in connection with our Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such content, and to grant and authorize sublicenses of the foregoing.
- You agree that your interaction with our Website in no way creates an agency, partnership, joint venture, employee-employer or franchisee-franchisor relationship between Life of Math and you.
- You agree to provide us with a current email address that you have access to and actively monitor, both at the time of registration with us, and to update us from time to time when your email changes.
- You agree to not use any printed or electronic copy of any part of our Website or its content in any litigation or arbitration matter whatsoever.
- You agree to not attempt to use another user’s information or access without direct authorization from Life of Math.
Indemnification
You agree to indemnify Life of Math and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or the use of our Website.
Release of Personal Information
As stated in our Privacy Policy, Life of Math is committed to your privacy and will not share your personal information with anyone. However, you understand and agree that Life of Math may release user information about you if required by law or subpoena, or if such release of the information is necessary to address unlawful or harmful activity.
Termination/Cancellation of Your Account
You understand and agree that if you violate any provision of this Agreement, Life of Math may, solely at its discretion, terminate your account. In most cases, if Life of Math does terminate your account, we will send you an email stating that your account is being terminated and why it is being terminated to the email address you have listed in your account. However, as explained above, there are several circumstances where you may not receive any notice due to the egregiousness of your actions.
Should you voluntarily wish to cancel your account, you understand and agree to provide Life of Math with thirty (30) days written notice prior to cancellation. You understand and agree that any such cancellation is not effective until thirty (30) days after Life of Math receives such notice.
In the event of cancellation or termination of your account, you understand and agree that your access to the Website and our Service will be immediately terminated. Life of Math offers no refunds. You understand and agree that you will lose your account and other information that you have on file at that time and that this information cannot be reclaimed or transferred to another account.
Arbitration of Disputes
If we cannot amicably resolve any legal dispute or damage claim that should arise from your interactions with our Website and/or Life of Math you agree to resolve any such dispute or damage claim by binding arbitration. The arbitration proceeding shall be conducted in Orlando, Florida in accordance with the rules of the American Arbitration Association then in effect with one (1) arbitrator to be selected by mutual agreement of both you and Life of Math. If we cannot agree on an arbitrator, then the American Arbitration Association shall select an arbitrator from the National Panel of Arbitrators. The laws of the State of Tennessee and Florida in the United States shall apply to the arbitration proceedings. You agree that the arbitrator cannot award punitive damages to either of us and agree to be bound by the arbitrator’s findings. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction in the State of Florida.
Choice of Law
You agree that the laws of the State of Tennessee, Florida in the United States are to be used with regard to any interactions with our Website and Service as well as with Life of Math.
Questions About This Agreement
If you have a question about this User Agreement, please email Life of Math at info@lifeofmath.com.