Welcome to Fix It Math! This Terms of Use Agreement sets forth the legally binding terms and conditions between you and Fix It Math, LLC, ("Fix It Math," " we ," " us ," or " our ") governing your access to and use of our website located at https://fixitmath.com/, and any associated Fix It Math websites and subdomains, networks, applications, and services (collectively, the "Services"). Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted on the Services in connection with such features ("Supplemental Terms"). All such Supplemental Terms, including our Privacy Policy, are incorporated by reference into this Terms of Use Agreement (together the "Agreement"). If this Terms of Use Agreement is inconsistent with the Supplemental Terms, the Supplemental Terms shall control solely with respect to such features.

BY CLICKING "I ACCEPT," OR OTHERWISE ACCESSING OR USING THE SERVICES, OR ANY PORTION THEREOF, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT (ON BEHALF OF YOURSELF AND, AS APPLICABLE, THE USER OF THE LINKED ACCOUNT (AS DEFINED BELOW) WITH WHICH YOU HAVE ASSOCIATED YOUR ACCOUNT).

1.   ACCESS TO THE SERVICES.

1.1Description of Services.Fix It Math provides a platform for users to upload and check their work on math problems and track overall performance and generally compare their overall performance against other users.

1.2Access and Use.Subject to this Agreement, Fix It Math grants you a non-transferable, non- exclusive, revocable, limited right to use and access the Services solely for your own personal, noncommercial use.

1.3Certain Restrictions.The rights granted to you in this Agreement are subject to the following restrictions: (i) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services, whether in whole or in part, or any content displayed on the Services; (ii) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (iii) you shall not access the Services in order to build a similar or competitive website, product, or service; and (iv) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Services shall be subject to this Agreement. All copyright and other proprietary notices on the Services (or on any content displayed on any Service) must be retained on all copies thereof.

1.4Modification.We reserve the right, at any time, to modify, suspend, or discontinue the Services (in whole or in part) with or without notice to you. You agree that Fix It Math will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.

1.5No Support or Maintenance.You acknowledge and agree that Fix It Math will have no obligation to provide you with any support or maintenance in connection with the Services.

1.6Ownership.Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and their content are owned by Fix It Math or our suppliers. Neither this Agreement (nor your use of the Services) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 1.2. Fix It Math and its suppliers reserve all rights not granted in this Agreement. There are no implied licenses granted under this Agreement.

1.7Compliance with Law.You are responsible for using the Services in compliance with all applicable federal and state laws and regulations. You shall not use the Services in violation of any applicable law.

1.8Use by Children Under 13.The Children's Online Privacy Protection Act ("COPPA") requires that all online service providers, including Fix It Math, obtain parental consent before knowingly collecting personally identifiable information from children under the age of 13. Children under the age of 13 are prohibited from using the Services or creating an Account (as defined in Section 2.1) unless they are doing so with parental consent. As set forth in Section 2.3, parental consent may be obtained when a parent or guardian purchases a subscription for a user under 13, in addition to any other means permitted under applicable law. If we learn that we have collected personal information from a person under the age of 13 that does not comply with COPPA, we will delete that information in a reasonably prudent amount of time. If you believe that a child under the age of 13 has provided personally identifiable information to us, please contact us at support@fixitmath.com.

1.9Consent to Communications.Through your use of the Services, we may contact you (including via e-mail and push notifications). Such communications are intended, among other things, to enhance your experience using the Services and to offer you the opportunity to try other Services. BY SIGNING UP FOR THE SERVICES, YOU AGREE TO SUCH COMMUNICATIONS FROM FIX IT MATH. To permanently stop receiving e-mails from Fix It Math, click the "Unsubscribe" link at the bottom of an e-mail sent by us and follow the applicable instructions.

2.   ACCOUNTS.

2.1Account Creation.In order to access certain features of the Services you must register an account (" Account "). To do so, you must have a valid account on the third party platform (each a "Third Party Platform"), such as Google and Apple, through which we permit you to connect to the Services (each such account, a "Third Party Account"). You represent and warrant that the Third Party Account you use to register for an Account belongs to you. You may delete your Account at any time, for any reason, by following the procedures set forth in Section 10.4. Fix It Math may suspend or terminate your Account in accordance with Section 10.

2.2Access Through a Third Party Platform.By accessing the Services through a Third Party Platform as part of the functionality of the Services, you allow Fix It Math to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to grant Fix It Math access to your Third Party Account for use for the purposes described herein or the provision of the Services to you without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Fix It Math to pay any fees or making Fix It Math subject to any usage limitations imposed by such third party service providers. By granting Fix It Math access to any Third Party Accounts, you understand that Fix It Math may access, make available, and store (if applicable) any information, data, text, and/or other materials accessible that you have provided to and stored in your Third Party Account in connection with providing the Services to you. Unless otherwise specified in the Agreement, all content from your Third Party Account is considered Your Content (as defined in Section 3.1) for all purposes of the Agreement. Depending on the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your Account on the Services. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD- PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND FIX IT MATH DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS.

2.3Parent Accounts and Account Linking.For purposes of this Agreement,

(a)" Parent Account " means an Account that allows the user to associate other Accountswith that user's Account for purposes of administering and tracking such other Accounts;

(b)" Linked Account " means, if your Account is a Parent Account, an Account of a third party that (i) you have associated with your Parent Account; and (ii) the user of such other Account confirms the association.If you have a Parent Account and you are the parent or guardian of the user of a Linked Account, your associating of your Account with the Linked Account shall constitute your consent to this Agreement on that user's behalf. You will be held fully responsible for a breach of this Terms of Use Agreement by any user of a Linked Account.

2.4Account Responsibilities.You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Fix It Math of any unauthorized, or suspected unauthorized, use of your Account or any other breach of security. Fix It Math cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

3.   USER CONTENT.

3.1User Content.Some areas of the Services allow a user to submit, upload, transmit, or otherwise make available on the Services ("Make Available" or "Made Available") content such as information, photos, images, comments, questions, messages, and other content or information (any such materials that a user does Make Available is referred to as "User Content"). You are solely responsible for all User Content that you Make Available through the Services ("Your Content"). You assume all risks associated with the use of Your Content. You hereby represent and warrant that Your Content does not violate any of the provisions set forth in Section 4. We are not obligated to backup any User Content, and Your Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of Your Content if you desire.

3.2Performance Information.Certain features of the Services may allow you to share information regarding your use of the Services, such as performance metrics and scores or point totals for math work submitted to the Services, with other users. Based on your elections within the Services, other users may be able to see such information with respect to your usage of the Services or Your Content, and you give us your consent to: (i) display such information in accordance with your elections; and (ii) share such information with any Parent Account with which your Account has been associated.

3.3License.You hereby grant (and you represent and warrant that you have the right to grant) to Fix It Math an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute to our third party service providers, prepare derivative works of, incorporate into other works, and otherwise use and exploit Your Content, and to grant sublicenses of the foregoing rights, solely for the purposes of providing and improving the Services. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to Your Content.

3.4Restrictions on User Content.You agree not to use the Services to collect, upload, transmit, display, or distribute any User Content that: (i) violates any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) is harmful to minors in any way; or (iv) violates any law, regulation, or obligations or restrictions imposed by any third party.

3.5Enforcement.We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate Section 4 or any other provision of this Agreement, or otherwise create liability for us or any other person. Such action may include removing or modifying Your Content, terminating your Account in accordance with Section 10, and/or reporting you to law enforcement authorities.

3.6Feedback.If you provide us with any feedback or suggestions regarding the Services ("Feedback "), you agree that we shall have the right to use and fully exploit such Feedback and related information in any manner we deem appropriate. Fix It Math will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to Fix It Math any information or ideas that you consider to be confidential or proprietary.

4.   Acceptable Use Policy.

You agree not to: (i) upload, transmit, or distribute to or through the Services any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Services to harvest, collect, gather, or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to our Services (or to other computer systems or networks connected to or used together with the Services), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Services; (vii) seek to harm, exploit, or groom children; (viii) use the Services in any manner from which you are otherwise prohibited (e.g., cheating on an exam or homework); or (ix) use software or automated agents or scripts to produce multiple accounts on the Services, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) our Services (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).

5.   THIRD-PARTY LINKS; OTHER USERS.

5.1Third Party Links.The Services may contain links to third party websites and services, including social media websites (collectively, "Third Party Links"). Such Third Party Links are not under the control of Fix It Math, and we are not responsible for any Third Party Links. Fix It Math provides access to these Third Party Links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Links. You use all Third Party Links at your own risk and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third Party Links, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Links.

5.2Other Users.Your interactions with other Service users are solely between you and such users. You agree that Fix It Math will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Service user, we are under no obligation to become involved.

6.   FEES AND PURCHASE TERMS.

6.1Fees.Certain products or services offered on or through the Services may be provided for a fee or other charge, including services or features for which access and use is purchased on a time limited basis (each a " Subscription " and any Subscription you purchase, "Your Subscriptions"). You agree to pay all fees or charges to your Account, including fees for Your Subscription(s), in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Fix It Math may add new products and services for additional fees and charges, or amend fees and charges for existing products and services, at any time in its sole discretion. Any increased fees for existing Subscriptions will apply solely on a forward-looking basis beginning on your next billing period.

6.2Payment.You may be required to provide Fix It Math, Stripe, or Apple Pay(as defined inSection 6.5) with a valid credit card, PayPal account, or other permitted payment method ("Payment Provider") as a condition to purchase any products or services on the Services. By providing Fix It Math, Stripe, or Apple Paywith your credit card number and associated payment information, you agree that Fix It Math, Stripe, or Apple Payis authorized to immediately invoice your Account for all charges due and payable hereunder and that, except as required under applicable law, no additional notice or consent is required, including any charges in connection with any renewals of a Subscription. You agree to immediately notify Fix It Math, Stripe, or Apple Payof any change in your billing address or other payment information. We may change the prices and billing methods for the Services on a going forward basis, either immediately upon posting on the Services or by e-mail. Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement to determine your rights and liabilities thereunder. Without limiting anything set forth therein, you acknowledge and agree that we may provide your payment information to our third party service providers (e.g., Stripe) for use pursuant to our Privacy Policy

6.3Subscription.The fee for Your Subscriptions will be billed by Fix It Math, Stripe, or Apple Pay at the start of the Subscription and at regular intervals in accordance with your elections at the time of purchase. Any upgrade to Your Subscriptions, and any associated fee increase, will take effect immediately, and any downgrade in Your Subscriptions, and any associated fee reduction, will take effect upon the next Renewal Commencement Date (as defined below). The timing of billing for Your Subscriptions may change at any time. Your Subscriptions will continue to automatically renew indefinitely until the Subscription is canceled in accordance with the Agreement. After the initial Subscription period of Your Subscriptions, and again after any subsequent Subscription period, Your Subscriptions will automatically renew on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period at Fix It Math’s then-current price for such Subscription. You agree that Your Subscriptions will be subject to this automatic renewal feature (even if the Account for which the Subscription was purchased is otherwise terminated) unless you cancel Your Subscription via the account settings of your Account, an Account for which you purchased a Subscription, a Parent Account for any subscription purchased for a Linked Account, or the Stripe customer portal, or such other method of cancellation provided by Stripe or Apple, prior to the Renewal Commencement Date in accordance with the terms between you and Stripe or Apple. If you cancel any of Your Subscriptions, such cancellation will be effective as of the end of the then-current Subscription term, and Your Subscription will not be renewed thereafter. By purchasing a Subscription, you authorize Stripe or Fix It Math to charge your Payment Provider in accordance with the selected Subscription. Upon renewal of any of Your Subscriptions, if Stripe or Fix It Math does not receive payment via your Payment Provider, (i) you agree to pay all amounts due on your Account upon demand; and/or (ii) you agree that Stripe or Fix It Math may either cancel or suspend Your Subscriptions and continue to attempt to charge your Payment Provider until payment is received. If you want to upgrade or downgrade Your Subscriptions, you may do so through the Stripe customer portal.

6.4No Refunds.THERE ARE NO REFUNDS FOR ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH THE SERVICES AND WE ARE NOT OBLIGATED TO PROVIDE ANY CREDITS FOR PARTIALLY USED PERIODS.

6.5Third Party Payment Service Provider.Fix It Math uses Apple Pay and Stripe, Inc. and its affiliates (“Stripe”) as the third party service provider for payment services (e.g., card acceptance, merchant settlement, and related services) (a "Third Party Payment Service Provider"). By purchasing Subscriptions on the Services, you agree to be bound by the Third Party Payment Service Provider’s Privacy Policy (currently accessible at https://stripe.com/us/privacy or https://www.apple.com/legal/privacy/data/en/apple-pay/), its Terms of Service (currently accessible at https://stripe.com/us/terms or https://www.apple.com/legal/applepayments/), the Stripe Checkout Terms of Service (currently accessible at https://stripe.com/checkout/legal), and the Stripe Customer Portal Terms of Service (currently accessible at https://stripe.com/customer-portal/legal), and you hereby consent and authorize Fix It Math, Apple, and Stripe to share any information and payment instructions you provide with one or more Third Party Payment Service Provider(s) to the minimum extent required to complete your transactions.

6.6Taxes.The payments required under Section 6.1 do not include any Sales Tax that may be due in connection with the Services provided under this Agreement. If Fix It Math determines it has a legal obligation to collect a Sales Tax from you in connection with this Agreement, Fix It Math shall collect such Sales Tax in addition to the payments required under Section 6.1. If any services, or payments for any services, under the Agreement are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Fix It Math, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Fix It Math for any liability or expense Fix It Math may incur in connection with such Sales Taxes. Upon Fix It Math’s request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, "Sales Tax" shall mean any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

6.7Advertising Revenue.Fix It Math reserves the right to display third party ads before, after, or in conjunction with User Content posted on the Services, and you acknowledge and agree that Fix It Math has no obligation to you in connection therewith (including, without limitation, any obligation to share revenue received by Fix It Math as a result of such advertising). Fix It Math may be compensated if you click on a link and purchase one or more of the products or services recommended to you on the Services or in an e-mail, blog, or other online posting sponsored by us.

7.   INDEMNIFICATION.

You agree to indemnify and hold Fix It Math (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of: (i) your use of the Services or the use of the Services by any user of a Linked Account; (ii) your violation of this Agreement or the violation of this Agreement by any user of a Linked Account; (iii) your violation of applicable laws or regulations or the violation of applicable laws or regulations by any user of a Linked Account; (iv) Fix It Math’s use in accordance with this Agreement of any data, content, information, or feedback, including User Content, that you or any user of a Linked Account have Made Available to Fix It Math; or (v) the violation of any rights of another party, including any users, by you, Your Content, any user of a Linked Account, or any User Content that is Made Available by such user. Fix It Math reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Fix It Math. Fix It Math will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. This provision does not require you to indemnify Fix It Math (or its officers, employees, or agents) for Fix It Math’s (or its officers’, employees’ or agents’) fraud, deception, false promise, misrepresentation or concealment, suppression, or omission of any material fact in connection with the Services provided hereunder. You agree that the provisions in this Section will survive any termination of your Account, the Agreement, and/or your access to the Services.

8.   DISCLAIMERS.

8.1DISCLAIMER OF WARRANTIES.TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND FIX IT MATH (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF YOUR FIRST USE OF THE SERVICES.

8.2No Liability for Conduct of Third Parties.TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ACKNOWLEDGE AND AGREE THAT FIX IT MATH IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD FIX IT MATH LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, THIRD PARTY PLATFORMS, OR OTHER USERS AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.

8.3User Content.TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT FOR FIX IT MATH’S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN its PRIVACY POLICY, FIX IT MATH ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.

9.   LIMITATION ON LIABILITY.

9.1Exclusion of liability.TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FIX IT MATH, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, COSTS OF PROCUREMENT OF SUBSTITUTE SERVICES, LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA OR CONTENT (E.G., DOWNTIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR USER CONTENT), UNDER ANY THEORY OF LIABILITY. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM.

9.2Limitation on Damages.IN NO EVENT WILL FIX IT MATH, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO FIX IT MATH HEREUNDER DURING THE TWELVE (12) MONTHS PRECEDING THE EVENTS GIVING RISE TO THE CLAIM OR $100.00, WHICHEVER IS GREATER. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

9.3Basis of the Bargain.THE LIMITATIONS OF DAMAGES SET FORTH IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FIX IT MATH AND YOU. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF FIX IT MATH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

10.   TERM AND TERMINATION.

10.1Term.You and we agree that, subject to any eligibility requirements for accessing and using the Services or entering into the Agreement, the Agreement commenced on the earlier to occur of: (i) the date you first used the Services; or (ii) the date you accepted the Agreement (the "Effective Date"), and the Agreement will remain in full force and effect while you use the Services, unless earlier terminated in accordance with the Agreement.

10.2Termination of the Agreement by Fix It Math.We may terminate this Agreement or your ability to access or use any or all of the Services at any time for any reason, with or without notice, including for your breach of any provision of this Agreement, if timely payment cannot be charged to your Payment Provider for any reason, or if Fix It Math is required to do so by law. Upon termination of your rights under this Agreement, your Account and right to access and use the Services will terminate immediately. If you have, or have purchased, a Subscription and your Account is terminated by us, you must promptly cancel Your Subscription in accordance with Section 6.3. Otherwise, Your Subscription will remain in effect until the cancellation of Your Subscription in accordance with Section 6.3 (independent of any termination of your Account or termination of this Agreement by us).

10.3Termination of the Agreement by You.If you want to terminate the Agreement, you must do so by (i) notifying Fix It Math at any time; (ii) cancelling all of Your Subscriptions in accordance with Section 6.3; and (iii) closing your Account. This Agreement will remain in effect until the end of the then current term of any and all of Your Subscriptions. UPON ANY APPLICABLE TERMINATION, YOUR SUBSCRIPTIONS WILL CONTINUE AT THE END OF EACH SUBSCRIPTION PERIOD UNLESS YOU CANCEL YOUR SUBSCRIPTION IN ACCORDANCE WITH THE PROCEDURE SET FORTH IN SECTION 6.3.

10.4Termination of Your Account.You may terminate your Account at any time, for any reason by removing Fix It Math’s access to your account via your Third Party Account settings. UPON TERMINATION OF YOUR ACCOUNT, YOUR SUBSCRIPTIONS WILL CONTINUE AT THE END OF EACH SUBSCRIPTION PERIOD UNLESS YOU CANCEL YOUR SUBSCRIPTION IN ACCORDANCE WITH THE PROCEDURE SET FORTH IN SECTION 6.3.

10.5Effect of Termination.Termination of this Agreement, your Account, or of your access to, or use of, any Services may include removal of access to the Services and barring of further use of such Services. Termination of this Agreement or your Account also includes disassociation or deletion of your username, your password, and all related information, files, and User Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of the Agreement, your right to use the Services will automatically terminate. Fix It Math will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Agreement which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, indemnification, arbitration provisions, and limitation of liability.

10.6Deletion of Sensitive Information.Upon termination of your Account, you may request that Fix It Math delete any personally identifiable information from its live databases, and Fix It Math agrees to take commercially reasonable steps to honor such request in a reasonable amount of time not to exceed sixty (60) days. To request the deletion of your (or your child’s) information, please e-mail us at support@fixitmath.com. You understand and agree that Fix It Math may continue to have personally identifiable information in archive files or similar databases. You further agree that Fix It Math has no obligation to delete aggregated or de-identified information. Fix It Math may retain and use aggregated and de-identified information for any purpose that is consistent with applicable federal and state laws and regulations.

11.   COPYRIGHT POLICY.Fix It Math respects the intellectual property of others and asks that users of our Services do the same. In connection with our Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

1.   your physical or electronic signature;

2.   identification of the copyrighted work(s) that you claim to have been infringed;

3.   identification of the material on our services that you claim is infringing and that you request us to remove;

4.   sufficient information to permit us to locate such material;

5.   your address, telephone number, and e-mail address;

6.   a statement that you have a good faith belief that use of the objectionable material is not authorized bythe copyright owner, its agent, or under the law; and

7.   a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

12.   DISPUTE RESOLUTION.Please read the following arbitration agreement in this section ("Arbitration Agreement") carefully. It requires U.S. users to arbitrate disputes with Fix It Math and limits the manner in which you can seek relief from us.

12.1Applicability of Arbitration Agreement.You agree that any dispute, claim, or request for relief relating in any way to your access or use of the Services, to any products sold or distributed through the Services, or to any aspect of your relationship with Fix It Math, will be resolved by binding arbitration, rather than in court, except that: (i) you may assert claims or seek relief in small claims court if your claims qualify; and (ii) you or Fix It Math may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.

12.2Arbitration Rules and Forum.The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim or request for relief to our registered agent (Fix It Math, 454 Las Gallinas Ave PMB 2059 San Rafael, CA 94903). The arbitration will be conducted by JAMS, an established alternative dispute resolution provider.  Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Fix It Math will pay them for you. In addition, Fix It Math will reimburse all such JAMS’s filing, administrative, hearing, and/or other fees for disputes, claims, or requests for relief totaling less than $10,000 unless the arbitrator determines the claims are frivolous.

You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

12.3Authority of ArbitratorThe arbitrator shall have exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement; and (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Fix It Math. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties.  The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.  The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.  The award of the arbitrator is final and binding upon you and us. 

12.4Waiver of Jury Trial.YOU AND FIX IT MATH HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Fix It Math are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 12.1 above.  An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.  

12.5Waiver of Class or Other Non-individualized Relief.ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this section’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in Santa Clara County, California. All other disputes, claims, or requests for relief shall be arbitrated.

12.630-Day Right to Opt Out.You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: support@fixitmath.com, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Fix It Math username (if any), the e-mail address you used to set up your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

12.7Severability.Except as provided in Section 12.5, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

12.8Survival of Agreement.This Arbitration Agreement will survive the termination of your relationship with Fix It Math.

12.9Modification .Notwithstanding any provision in this Agreement to the contrary, we agree that if Fix It Math makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Fix It Math at the following address: 454 Las Gallinas Ave, PMB 2059, Rafael, CA 94903.

13.   GENERAL.

13.1Changes.This Agreement is subject to occasional revision, and if we make any substantial changes,This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on the Services. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to this Agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on the Services. These changes will be effective immediately for new users of our Services. Continued use of our Services following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.

13.2Export.The Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Fix It Math, or any products utilizing such data, in violation of the United States export laws or regulations.

13.3Disclosures.Fix It Math is located at the address in Section 13.9. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

13.4Electronic Communications.The communications between you and Fix It Math use electronic means, whether you use the Services or send us e-mails or text messages, or whether Fix It Math posts notices on the Services or communicates with you via e-mail or text message. For contractual purposes, you (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

13.5Entire Terms.This Agreement constitutes the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation." Your relationship to Fix It Math is that of an independent contractor, and neither party is an agent or partner of the other.

13.6Severability.If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

13.7Assignment.This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Fix It Math’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Fix It Math may freely assign this Agreement. The terms and conditions set forth in this Agreement shall be binding upon assignees.

13.8Copyright/Trademark Information.Copyright © 2021 Fix It Math, LLC. All rights reserved. All trademarks, logos and service marks ("Marks") displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of suchthird party which may own the Marks.