Terms Of Use - Ezy Math
Tutoring
1. Acceptance of terms of use and
amendments
Each time you use or cause access to this web site, you agree
to be bound by these Terms of use, as amended from time to time
with or without notice to you. In addition, if you are using a
particular service on this web site or accessed via this web
site, you will be subject to any rules or guidelines applicable
to those services, and they will be incorporated by reference
within these Terms of use. Please read the site's Privacy
policy, which is incorporated within these Terms of use by
reference.
2. The site editor's service
This web site and the services provided to you on and via this
web site are provided on an "AS IS" basis. You agree that the
site editor reserves the right to modify or discontinue
provision of this web site and its services, and to remove the
data you provide, either temporarily or permanently, at any
time, without notice and without any liability towards you, The
site editor will not be held responsible or liable for
timeliness, removal of information, failure to store
information, inaccuracy of information, or improper delivery of
information.
3. Your responsibilities and registration
obligations
In order to use this web site or certain parts of it, you may
be required to register for a user account on this web site; in
this case, you agree to provide truthful information when
requested, and -- if a minimum age is required for eligibility
for a user account -- you undertake that you are at least the
required age. By registering for a user account, you explicitly
agree to this site's Terms of use, including any amendments
made by the site editor that are published
herein.
4. Privacy policy
Registration data and other personally identifiable information
that the site may collect is subject to the terms of the site
editor's Privacy policy.
5. Registration and password
You are responsible for maintaining the confidentiality of your
password, and you will be responsible for all usage of your
user account and/or user name, whether authorized or not
authorized by you. You agree to immediately notify the site
editor of any unauthorized use of your user account, user name
or password.
6. Your conduct
You agree that all information or data of any kind, whether
text, software, code, music or sound, photographs or graphics,
video or other materials ("content"), made available publicly
or privately, will be under the sole responsibility of the
person providing the said content, or of the person whose user
account is used. You agree that this web site may expose you to
content that may be objectionable or offensive. The site editor
will not be responsible to you in any way for content displayed
on this web site, nor for any error or
omission.
By using this web site or any service provided, you explicitly
agree that:
(a) you will not provide any content or conduct yourself in any
way that may be construed as: unlawful; illegal; threatening;
harmful; abusive; harassing; stalking; tortuous; defamatory;
libellous; vulgar; obscene; offensive; objectionable;
pornographic; designed to interfere with or disrupt the
operation of this web site or any service provided; infected
with a virus or other destructive or deleterious programming
routine; giving rise to civil or criminal liability; or in
violation of an applicable local, national or international
law;
(b) you will not impersonate or misrepresent your association
with any person or entity; you will not forge or otherwise seek
to conceal or misrepresent the origin of any content provided
by you;
(c) you will not collect or harvest any information about other
users;
(d) you will not provide, and you will not use this web site to
provide, any content or service in any commercial manner, or in
any manner that would involve junk mail, spam, chain letters,
pyramid schemes, or any other form of unauthorized advertising
or commerce; you will not use this web site to promote or
operate any service or content without the site editor's prior
written consent;
(e) you will not provide any content that may give rise to the
site editor being held civilly or criminally liable, or that
may be considered a violation of any local, national or
international law, including -- but not limited to -- laws
relating to copyrights, trademarks, patents, or trade
secrets.
7. Submission of content on this web site
By providing any content to this web site:
(a) you agree to grant the site editor a worldwide,
royalty-free, perpetual, non-exclusive right and license
(including any moral rights or other necessary rights.) to use,
display, reproduce, modify, adapt, publish, distribute,
perform, promote, archive, translate, and to create derivative
works and compilations, in whole or in part. Such license will
apply with respect to any form, media, technology already known
at the time of provision or developed subsequently;
(b) you warrant and represent that you have all legal, moral,
and other rights that may be necessary to grant the site editor
the license specified in this section 7;
(c) you acknowledge and agree that the site editor will have
the right (but not obligation), at the site editor's entire
discretion, to refuse to publish, or to remove, or to block
access to any content you provide, at any time and for any
reason, with or without notice.
8. Third-party services
Goods and services of third parties may be advertised and/or
may be made available on or through this web site.
Representations made regarding products and services provided
by third parties will be governed by the policies and
representations made by these third parties. The site editor
will not in any manner be liable for or responsible for any of
your dealings or interaction with third
parties.
9. Indemnification
You agree to indemnify and hold harmless the site editor and
the site editor's representatives, subsidiaries, affiliates,
related parties, officers, directors, employees, agents,
independent contractors, advertisers, partners, and
co-branders, from any claim or demand, including reasonable
legal fees, that may be filed by any third party, arising out
of your conduct or connection with this web site or service,
your provision of content, your violation of these Terms of
use, or any other violation by you of the rights of another
person or party.
10. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND OF
ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS AT YOUR OWN
RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU "AS IS", AND THE
SITE EDITOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT.
THE SITE EDITOR MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS,
THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE,
VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY
QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY
THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU
UNDERSTAND AND AGREE THAT NEITHER THE SITE EDITOR NOR ANY
PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY
KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA
THIS WEB SITE MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT THE
SITE EDITOR WILL NOT BE HELD LIABLE IN ANY
WAY.
Some jurisdictions may not allow disclaimers of implied
warranties, and certain statements in the above disclaimer may
not apply to you as regards implied warranties; the other terms
and conditions remain enforceable
notwithstanding.
11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE EDITOR WILL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF THE SITE EDITOR HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I)
THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE
COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING
FROM ANY TRANSACTION ENTERED INTO ON THROUGH SERVICES, (III)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA
TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF
ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER
RELATING TO SERVICES.
In some jurisdictions, it is not permitted to limit liability
and, therefore, such limitations may not apply to
you.
12. Reservation of rights
The site editor reserves all of the site editor's rights,
including but not limited to any and all copyrights,
trademarks, patents, trade secrets, and any other proprietary
right that the site editor may have in respect of this web
site, its content, and goods and services that may be provided.
The use of the site editor's rights. and property requires the
site editor's prior written consent. By making services
available to you, the site editor is not providing you with any
implied or express licenses or rights, and you will have no
rights to make any commercial use of this web site or provided
services without the site editor's prior written
consent.
13. Notification of copyright infringement
If you believe that your property has been used in any way that
could be considered a copyright infringement or a violation of
your intellectual property rights, the site editor\'s copyright
agent may be contacted via:
contact@ezymathtutoring.com.au
14. Applicable law
You agree that these Terms of use and any dispute arising out
of your use of this web site or products or services provided
will be governed by and construed in accordance with local laws
applicable at the site editor's domicile, notwithstanding any
differences between the said applicable legislation and
legislation in force at your location. By registering for a
user account on this web site, or by using this web site and
the services it provides, you accept that jurisdiction is
granted to the courts having jurisdiction over the site
editor's domicile, and that any disputes will be heard by the
said courts.
15. Miscellaneous information
(i) In the event that any provision of these Terms of use is
deemed to conflict with legislation by a court with
jurisdiction over the parties, the said provision will be
interpreted to reflect the original intentions of the parties
in accordance with applicable law, and the remainder of these
Terms of use will remain valid and applicable; (ii) The failure
of either party to assert any right under these Terms of use
will not be considered to be a waiver of that party's right,
and the said right will remain in full force and effect; (iii)
You agree that any claim or cause in respect of this web site
or its services must be filed within one (1) year after such
claim or cause arose, or the said claim or cause will be
forever barred, without regard to any contrary legislation;
(iv) The site editor may assign the site editor's rights and
obligations under these Terms of use; in this event, the site
editor will be relieved of any further
obligation.
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