Last updated: November 23th, 2020
Table of contents
- Interpretation and Definitions
- Links to Other Websites
- Limitation of Liability
- “AS IS” and “AS AVAILABLE” Disclaimer
- Governing Law
- Disputes Resolution
- For European Union (EU) Users
- United States Legal Compliance
- Severability and Waiver
- Changes to These Terms and Conditions
- General Terms and Conditions
- 1. Eligibility.
- 2. Registration and Account.
- 3. Permitted Uses and License.
- 4. Location-based Services.
- 5. Third Party Sites.
- 6. User Content Generally.
- 7. User Conduct.
- 8. Purchase Conditions.
- 9. Data.
- 10. Paid Services.
- 11. Copyright Infringement.
- 12. Warranty Disclaimer.
- 13. Limitation of Liability.
- 14. Indemnification.
- 15. Electronic Signatures and Notices.
- 16. Governing Law.
- 17. Dispute Resolution.
- 18. Miscellaneous.
- 19. Interactive and Social Networking Services.
- 20. General Prohibitions.
- Affiliate Agreement
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions.
The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Dave4Math.
- Country refers to: Texas, United States
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Service refers to the Website.
- Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website refers to Dave4Math, accessible from https://www.dave4math.com
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Each time you use the Site or the Services, the then-current version of the Terms will apply. If you use the Site or the Services after a modification of these Terms, you agree to be bound by the Terms as modified. Any time you browse the Site or use the Services in any way, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use the Site or the Services.
These Terms contain important information regarding your rights with respect to the Site and the Services, including your relationship with us, and include an arbitration provision that may limit your ability to pursue claims against us in court. Please read them carefully and review them regularly.
General Terms and Conditions
If you are under 13 years old, you may not use the Services. When you use the Services, you represent that you are (i) at least the age of majority in the jurisdiction where you reside or (ii) if you have not reached the age of majority in the jurisdiction where you reside, that you have received permission to use the Services from your parent or legal guardian.
You represent that any information you submit to us when using the Services is accurate, truthful, and current. You also represent that your use of the Services does not violate any applicable law or regulation.
2. Registration and Account.
Certain of the Services or portions of the Site may require you to register for an account (“Account”), becoming a “Registered User”. As part of the Account creation process, you may be asked to provide a username and password unique to the Account (“Login Information”). You are responsible for the confidentiality and use of your Login Information and agree not to transfer or disclose your Login Information to any third party other than an individual with express authority to act on your behalf. If you suspect any unauthorized use of your Account, you agree to notify us immediately. You are solely responsible for any activities occurring under your Account. You have no ownership right to your Account. If you are registering an Account on behalf of an organization under an agreement between us and another organization, that organization may have administrator rights to access your account and any information provided under your Account.
3. Permitted Uses and License.
You are authorized to access the Site for the sole purpose of viewing and using the Services on your computer or device. You may not decompile, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Site or the Services. You may not use any robot, spider, or other automatic device or manual process to monitor or copy the Site or its content without our prior written permission. Your failure to abide by these conditions will immediately terminate your right to access the Site or to use the Services and may violate our intellectual property rights or the intellectual property rights of third parties.
4. Location-based Services.
5. Third Party Sites.
The Site may contain links to websites we do not operate, control, or maintain (“Third Party Websites”). We do not endorse any Third Party Websites, and we make no representation or warranty in any respect regarding the Third Party Websites. Any links to Third Party Websites on the Site are provided solely for your convenience. We are not responsible for any errors, omissions or representations on any Third Party Websites. If you do access any Third Party Websites, you do so at your own risk and waive any and all claims against us regarding the Third Party Websites or our links thereto.
6. User Content Generally.
When you post content and information to the Site or in connection with the Services (“User Content”), you represent and warrant to us that (1) you own or have rights to use the User Content, (2) the posting of the User Content does not violate any rights of any person or entity, including, but not limited to, intellectual property rights, (3) the User Content does not include unauthorized disclosure(s) of personal information or trade secrets, and does not include any confidential information, (4) the User Content is not subject to laws or regulations regarding the export and other dissemination of information or technology, (5) the User Content does not contain software viruses or any other elements designed to interrupt, destroy or limit the functionality of any software, systems, or devices, (6) the User Content does not contain or link to commercial solicitations, and (7) you have no agreement with or obligations to any third party that would prohibit your use of the Site or Services in the manner so used. If you submit User Content to us for publishing, you agree that you have the ability to assign the copyright of such User Content to us. You agree to pay all royalties, fees, and any other monies owing to any person or entity by reason of any User Content posted by you to the Site or through the Services.
By posting User Content, you give us and our affiliates right to use and display such User Content in such manner as is necessary to provide the Services to you; provided that this right shall not give us any ownership or other rights in the User Content.
7. User Conduct.
You agree not to use the Site or the Services to take any action or actions that (including with respect to any User Content): (1) are patently offensive in any manner (as determined in our sole discretion), (2) involve commercial activities without our prior written consent, such as contests or sweepstakes, (3) are contrary to our public image, goodwill, or reputation, (4) infringe on our or any third party’s intellectual property rights, (5) violate any law or any third party’s legal rights, (6) “frame” or “mirror” any part of the Site without our prior written consent, (7) misrepresent your identity or your affiliation with any person or entity, or (8) collect or store personal data about other users of the Services unless specifically authorized to do so by such users.
You are solely responsible for your conduct, the content of your stuff, and your communications with others while using the Services. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms. We may choose to review public content for compliance with our community guidelines, but you acknowledge that we have no obligation to review or monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of your stuff, user posts, or any other information you provide or may be able to access using the Services.
You may not use our Services: (1) to send, knowingly receive, upload, download, use or re-use any articles without authorization. You may perform these actions only if you are the copyright owner, have the copyright owner’s permission, are permitted to do so under a Creative Commons license. (2) in any way that breaches any applicable local, national or international law or regulation; (3) in any way that is unlawful or fraudulent, or that advocates, promotes or assists any unlawful act, or that may deceive any person or that breaches any legal duty owed to a third party, such as a contractual duty or a duty of confidence or that may be harmful to a user; (4) in any way that is defamatory of any person, obscene, offensive, hateful or inflammatory; (5) in any way that promotes sexually explicit material, violence, or discrimination of any kind; (6) in any way that infringes any copyright, database right, trade mark or other intellectual property right of any other person; (7) in any way that is threatening, abusive or invades another’s privacy, or is likely to harass, upset, embarrass, alarm or annoy any other person; This includes but is not limited to ensuring that you have complied with best practice and applicable local laws when sharing data obtained from any research participants or any other individuals, that you have obtained all necessary consents, and that such data is suitably anonymized wherever appropriate; (8) to impersonate any person, or to misrepresent your identity or affiliation with any person; (9) to upload, post, email, message, transmit or otherwise make available or initiate any content that includes any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “market research”, or any other form of solicitation whether it be for commercial or non-commercial purposes. This prohibition includes but is not limited to (a) using Dave4Math invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (b) using Dave4Math to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission. (10) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware. Unless you have express prior written permission, you may not use any spider- or bot-like system, software or other device or program (whether automated or otherwise) to extract content, data, information or other material from the Site.
Once published, an article can not be removed except by Dave4Math’s decision, taken in accordance with accepted retraction processes. The article is likely to be archived and referenced in a number of archives and repositories. The article will be published with the name(s) and affiliation(s) of the author(s) and the names of the reviewers who endorsed publication during the submission. Dave4Math reserves the right to remove any content, and to retract articles, which in its view breach any applicable terms of Dave4Math and/or which in Dave4Math’ view are inappropriate in any way. Such removal does not entitle the author to reimbursement of APC. Dave4Math is not liable for the acts or statements of others.
8. Purchase Conditions.
When purchasing an item, you agree to purchase the item from Dave4Math at the listed purchase price. If a product is listed at an incorrect price due to a typographical error or for any other reason, we have the right to refuse or cancel any order (to the fullest extent permitted under applicable law), whether or not the order has been confirmed and your original method of payment charged. If the original method of payment has been charged, we will issue a refund back to the original method of payment. Refunds and cancellations are only offered on a case-by-case basis. Dave4Math at its sole discretion has the right not to accept any order placed through the website without assigning any reason thereof. Any contract to provide any service by Dave4Math is not complete until full money towards the service is received from the user and accepted by Dave4Math.
Purchases on the Site or through the Services may be subject to taxes in many states. Tax rates are different in each state. You are responsible for paying all such taxes, fees, duties, and charges.
You agree that we have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Site and Services, and related systems (for example, anonymous and aggregated information concerning user behavior and use of the Services), and we will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Site Services and for other development, diagnostic and corrective purposes in connection with the Site and Services and other Company offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business.
We may need your permission to do things you ask us to do with your stuff, for example, hosting your files, or sharing them at your direction. This includes product features visible to you, for example, image thumbnails or project previews. It also includes design choices we make to technically administer our Services, for example, how we redundantly backup data to keep it safe. You give us the permissions we need to do those things solely to provide the Services. This permission also extends to our affiliates and trusted third parties we work with to provide the Services, for example Amazon Web Services, which provides our main storage space (again, only to provide the Services).
10. Paid Services.
We may require Services to be paid for on a recurring basis (“Subscription Services”) or on an as-used basis (“A La Carte Services” and, together with the Subscription Services, “Paid Services”). We have the right to change, delete, discontinue or impose conditions on Paid Services or any feature or aspect of a Paid Service. Subscription Services may subject you to recurring fees and/or terms. By signing up for a Subscription Service, including after any free trial period, you agree to pay us the subscription fee and any applicable taxes as set forth in your Account settings or as otherwise agreed in writing (“Subscription Fee”). A La Carte Services may subject you to fees charged per usage and/or terms. By using an A La Carte Service, you agree to pay the fees and any taxes incurred at the time of usage (“A La Carte Fees” and, together with Subscription Fees, the “Paid Service Fees”).
Paid Service Fees may be paid by credit card, debit card, or other payment forms we may permit. If you link a debit or credit card to your Account, you authorize us to collect Paid Service Fees by debit from your linked debit card or charge to your linked credit card. Regardless of payment device, we reserve the right to collect Paid Service Fees by deduction from your transaction proceeds, the Balance (as defined in the Payment Terms) in your Account or your linked bank account. You may cancel a Subscription Service at any time from your Account settings. If you cancel a Subscription Service, you will continue to have access to that Subscription Service through the end of your then current billing period, but you will not be entitled to a refund or credit for any Subscription Fee already due or paid. We reserve the right to change our Subscription Fee upon thirty (30) days’ advance notice. Your continued use of Subscription Services after notice of a change to our Subscription Fee will constitute your agreement to such changes.
When you purchase a Subscription or make any other paid feature related purchase via the Services (each, a “Transaction”), you expressly authorize us (or our third party payment processor, e.g. Stripe) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including, without limitation, your credit card number, the expiration date of your credit card, your billing address and additional information to verify your identity before completing your Transaction (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to store and continue billing you using your Payment Information and to provide your Payment Information to our third party payment processors as needed to complete your Transactions. We may also periodically authorize your payment method in anticipation of applicable fees or related charges. Further, as part of our order processing procedures, we may screen orders for fraud or other undesirable activity. If we feel an order could be fraudulent, unauthorized, or illegal, we reserve the right to refuse to process that order. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or the Subscription in accordance with these Terms.
Free Trials. We may offer Subscriptions on a free trial basis (“Free Trial”) for a specified period of time. If we offer you a Free Trial, the specific terms of your Free Trial will be provided at signup and/or in the promotional materials describing the Free Trial and your use of the Free Trial is subject to your compliance with such specific terms. Free Trials may not be combined with any other offer. Except as may otherwise be provided in the specific terms for the Free Trial offer, Free Trials are only available to users who have not previously subscribed to the service in connection with which the Free Trial is being offered. When you agree to a Free Trial, you are also agreeing to sign up for a Subscription as described above and, consequently, unless you cancel your Subscription prior to the end of your Free Trial, we (or our third party payment processor) will begin charging your payment method on a recurring basis for the Subscription Fee (plus any applicable taxes) until you cancel your Subscription. Instructions for cancelling your Subscription are stated below in the “Cancelling Subscriptions” section. We reserve the right to modify or terminate Free Trials at any time, without notice and in our sole discretion.
Cancelling Subscriptions. You may cancel your Subscription at any time. PLEASE NOTE, HOWEVER, THAT, EXCEPT FOR THE THIRTY (30) DAY PERIOD FOLLOWING THE START OF YOUR SUBSCRIPTION, ALL SALES ARE FINAL. AFTER THE FIRST THIRTY (30) DAY PERIOD FOLLOWING THE START OF YOUR SUBSCRIPTION YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION.
Chargebacks. If you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to us (“Chargeback”), we may automatically terminate your Account. If you have questions about a payment made to us, we encourage you to contact Customer Care before filing a Chargeback. We reserve our right to dispute any Chargeback.
11. Copyright Infringement.
We respect the intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides a complaint procedure for copyright owners who believe that website material infringes their rights under U.S. copyright law. If you believe that your work has been improperly copied and posted on the website, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/ her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Site the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. These requirements must be followed to give us legally sufficient notice of infringement. Send copyright infringement complaints to the following email address:. We suggest that you consult your legal advisor before filing a DMCA notice with our copyright agent. There can be penalties for false claims under the DMCA.
Unless otherwise stated, articles published on the Site are “Open Access” and licensed by the respective authors in accordance with the license labelled on the page. Some articles published on this website may make use of copyrighted material for which the author(s) have obtained a reprint permission from the copyright holder. Usually such reprint permissions do not allow author(s) and/or Dave4Math to further license the copyrighted material. The licensing described in these terms and conditions are therefore not applicable to such kind of material enclosed within articles. It is the User’s responsibility to identify reusability of material provided on this website, for which he may take direct contact with the authors of the article.
12. Warranty Disclaimer.
You agree that the Services are available on an “as is” basis, without any warranty, and that you use the Services at your own risk. We disclaim, to the maximum extent permitted by law, any and all warranties, whether express or implied, including, without limitation, (a) warranties of merchantability or fitness for a particular purpose, (b) warranties against infringement of any third party intellectual property or proprietary rights, (c) warranties relating to delays, interruptions, errors, or omissions in the Services or on the Site, (d) warranties relating to the accuracy or correctness of data on the Services, and (e) any other warranties otherwise relating to our performance, nonperformance, or other acts or omissions.
We do not warrant that the Site or the Services will operate error-free or that the Site is free of computer viruses and/or other harmful materials. If your use of the Site or the Services results in the need for servicing or replacing equipment or data, we are not responsible for any such costs. Some jurisdictions do not allow the exclusion or limitation of certain categories of damages or implied warranties; therefore, the above limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
13. Limitation of Liability.
Any liability we have to you in connection with these Terms, under any cause of action or theory, is strictly limited to 100 dollars per user, in aggregate for all violations. Without limiting the previous sentence, in no event shall we or any of our affiliates be liable to you for any indirect, special, incidental, consequential, punitive, or exemplary damages arising out of or in connection with, these Terms. The foregoing limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we or our affiliates have been advised of the possibility of such damages.
You agree to indemnify and hold us harmless for any breach of security or any compromise of your Account. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential; therefore, the above limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
You agree to indemnify and hold harmless us, our affiliates and our and their officers, directors, partners, agents, and employees from and against any loss, liability, claim, or demand, including reasonable attorneys’ fees (collectively, “Claims”), made by any third party due to or arising out of your use of the Site and Services in violation of these Terms, any breach of the representations and warranties you make in these Terms, or your User Content, including any royalties due to third parties as a result of your User Content. You agree to be solely responsible for defending any Claims against or suffered by us, subject to our right to participate with counsel of our own choosing.
15. Electronic Signatures and Notices.
Certain activities on the Services may require you to make an electronic signature. You understand and accept that an electronic signature has same legal rights and obligations as a physical signature. If you have an Account, you agree that we may provide you any and all required notices electronically through your Account or other electronic means. You agree that we are not responsible for any delivery fees charged to you as a result of your receipt of our electronic notices.
16. Governing Law.
These Terms are governed by Texas law, without giving effect to conflicts of law principles. You agree that, to the extent applicable and expressly subject to the Dispute Resolution provisions below, to submit to the exclusive jurisdiction of the state and federal courts located in Texas in circumstances where these Terms permit litigation in court.
17. Dispute Resolution.
Please read this section carefully. It contains procedures for mandatory binding arbitration and a class action waiver.
Notice Requirement and Informal Dispute Resolution. Before either we or you may seek arbitration, the party seeking arbitration must send the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute and the requested relief. A Notice to us should be sent to Dave4Math. After the Notice is received, you and we may attempt to resolve the claim or dispute informally. If we do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US 10,000.00) shall be resolved through binding non-appearance-based arbitration. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US 10,000.00 dollars) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in Texas, unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration.
The arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
If either you or we pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator.
If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of the parties involved, and the dispute 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 Arbitration Rules, and these Terms. 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.
Waiver of Jury Trial.
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under these terms. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND WE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS SECTION 17 MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.
All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. You agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Section 16, to enforce an arbitration award, or to seek injunctive or equitable relief.
If any part or parts of this Section 17 are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Right to Waive.
Any or all of the rights and limitations set forth in this Section 17 may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Section 17.
Survival of Agreement.
This Section 17 will survive the termination of your relationship with us.
Small Claims Court.
Notwithstanding the foregoing, either you or we may bring an individual action in small claims court.
Emergency Equitable Relief.
Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Section 17.
Claims Not Subject to Arbitration.
Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of our patent, copyright, trademark or trade secrets rights shall not be subject to this Section 17.
We may assign, transfer, delegate, or otherwise hypothecate our rights under these Terms in our sole discretion. If we fail to enforce a provision of these Terms, you agree that such a failure does not constitute a waiver to enforce the provision (or any other provision hereunder). If any provision of these Terms is held or made invalid, the invalidity does not affect the remainder of these Terms. We reserve all rights not expressly granted in these Terms and disclaim all implied licenses.
19. Interactive and Social Networking Services.
We may from time to time provide interactive services on our Site, including, without limitation: (1) forums for discussion of issues of interest to users and members of our Site; (2) wikis for users and members to share and collaborate on knowledge relating to issues of mutual interest; (3) social networking services where registered members can: (i) create online personal profiles; and (ii) interact with other members; (4) facilities for the uploading and sharing of users’ and members’ Academic Papers with other users or private user groups you have created; (5) generation of statistics and recommendations. We do not oversee, monitor or moderate the content that you upload to our Site using our interactive services and neither do we vet or screen users of our Site.
20. General Prohibitions.
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, knowingly false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
- Disclose information that you do not have the right to disclose (such as confidential information of others (including your employer);
- Use, display, mirror or frame the Site, or any individual element within the Site or Services, Dave4Math’s name, any Dave4Math trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Dave4Math’s express written consent;
- Access, tamper with, or use non-public areas of the Site, Dave4Math’s computer systems, or the technical delivery systems of Dave4Math’s providers;
- Attempt to probe, scan, or test the vulnerability of any Dave4Math system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Dave4Math or any of Dave4Math’s providers or any other third party (including another user) to protect the Site, Services or Collective Content;
- Scrape or copy profiles and information of others through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);
- Sell, sponsor, or otherwise monetize any feature of the Services, without Dave4Math’s consent;
- Attempt to access or search the Site, Services or Collective Content or download Collective Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Dave4Math or other generally available third party web browsers;
- Use bots or other automated methods to access the Services, add or download contacts or profile information;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Dave4Math trademark, logo URL or product name without Dave4Math’s express written consent;
- Use the Site, Services or Collective Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Collective Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Collective Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or Services;
- Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
- Use the Service to annoy, harass, abuse, insult, personally attack, or send other unwelcome communications to others (including to Dave4Math), including but not limited to junk mail, offers to buy or sell, spam, chain letters, phishing schemes, and excessive messages.
- Post Personal Information about another person (e.g. an email address or phone number), confidential or proprietary information, or any information you do not have a right to publish;
- Post Personal Information about another person (e.g. an email address or phone number), confidential or proprietary information, or any information you do not have a right to publish;
- Transfer your Dave4Math account to another party without our consent, or operate an account under a false name or identity;
- Post content whose primary purpose is to drive Users to links outside of Dave4Math;
- Act dishonestly or unprofessionally, including by posting broad, vague, or non-scientific content, or by misusing the Service and its features;
- Intentionally infect others with viruses, worms, or other software that can destroy, interrupt, or collect their data or computer devices;
- Post excessively within a short timeframe, interfere with the working of our Service, or impose an unreasonable or disproportionately large load on our infrastructure;
- Impose an unreasonable or disproportionately large administrative burden on Dave4Math;
- Block, overwrite, modify, or copy any contents of the Service, unless said actions are necessary for the proper use of Dave4Math; or
- Encourage or enable any other individual to do any of the foregoing.
Dave4Math will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Dave4Math may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Dave4Math has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Dave4Math reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content, including, but not limited to, Collective Content that Dave4Math, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Site or Services.
This agreement describes the terms and conditions for participation in the Dave4Math Affiliate Program. In this agreement, the term “Affiliate” refers to you (the applicant).
The Dave4Math affiliate program administered in part through a 3rd party affiliate management company called AffiliateWP (www.affiliatewp.com).
We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available referral fees, fee schedules, payment procedures and Affiliate Program rules. If any of the modifications are UNACCEPTABLE TO YOU, your only recourse is to terminate this Agreement. If you CONTINUE PARTICIPATION IN THE PROGRAM, it will be considered as your acceptance of the change.
To enroll in the affiliate program, you must submit an affiliate application and be approved. Applications are processed once a week and applicants will be notified via email of their acceptance status as soon as possible after their information is reviewed.
3. Affiliate URL
You will be issued a special URL once you become an approved member of the Dave4Math Affiliate Program which will be unique to you and you only, and will allow you to be paid for affiliate referrals.
Affiliates will receive 100% of a sold support plan as a commission from orders placed through properly coded Affiliate links (unless noted otherwise for a particular product). Commissions may change at the discretion of the product publisher, Dave4Math commissions may increase during limited time special promotions, but they will return thereafter to the regular commission rate.
For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the product ordered through the secure order system. Word of mouth referrals will not result in an affiliate commission being generated. Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured Affiliate links. Properly coded links are the sole responsibility of the affiliate.
Dave4Math pays affiliates via a bank account, provided to us when a member joins. If the payment email changes, it is the responsibility of the affiliate to notify the Dave4Math Affiliate Program to ensure proper commission payments. We will not resend payments returned due to incorrect payment email addresses.
6. Order Fulfillment
Dave4Math will be solely responsible for processing every order placed by a customer via affiliate links. Affiliates are not authorised to collect payments or sell any Dave4Math products from other websites as a “reseller” and no “resale” rights are granted in ANY way. All affiliates understand and acknowledge that no physical products will be shipped.
Customers who purchase products and services through the Dave4Math Affiliate Program will be deemed to be customers of Dave4Math. Accordingly, all rules, policies, and operating procedures concerning customer orders and service will apply to those customers. We may change our policies and operating procedures at any time. Prices and availability of our products and services may vary from time to time. Dave4Math policies will always determine the price paid by the customer.
7. Qualifying Sites
Dave4Math reserves the right to refuse any site entry into the Dave4Math Affiliate Program based on site content. Sites that do not qualify for the Affiliate Program include sites which:
Promote sexually explicit materials
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
Promote illegal activities
List coupon codes or discounts that were NOT officially provided to them by Dave4Math. Want to promote a coupon? Contact us and we can work with you. You may NOT promote coupon codes you may have found elsewhere online. Doing so can result in the termination of your affiliate account and withholding of affiliate payments for violating our affiliate agreement.
Infringe or otherwise violate any copyright, trademark, or other intellectual property rights of Dave4Math or any other site.
8. Permitted Usage
The following are permitted uses of the Dave4Math brand and marketing resources
Affiliates are permitted to use the graphic banners and design resources provided by Dave4Math. If a specific size banner ad is not available, the affiliate may contact the Affiliate Program manager at email@example.com and request a new banner graphic be added to the available resources.
9. Prohibited Usage
The following cases prohibited and are grounds for immediate termination of the affiliate account.
Affiliates MAY NOT use the Dave4Math logo, logo marks or other Dave4Math website/branding imagery in a header graphic or in any way as to indicate they are officially affiliated or partnered with Dave4Math.
Affiliates MAY NOT use the term “Dave4Math” in ANY variation in their site URL.
Affiliates MAY NOT promote coupons that were not provided to them personally by Dave4Math. Want to promote a coupon? Contact us and we can work with you. You may NOT promote coupon codes you may have found elsewhere online. Doing so can result in the termination of your affiliate account and withholding of affiliate payments for violating our affiliate agreement.
Affiliates MAY NOT host or promote “coupon stacking” sites where customers may combine coupons to receive additional discounts.
Affiliates MAY NOT use their own affiliate URL to gain discounts on their own plans with Dave4Math.
10. Dave4Math Anti-Spam Policy
Dave4Math strictly prohibits affiliates from using spam e-mail and other forms of Internet abuse (including spamming forums, blogs, Twitter, Facebook and other social media outlets) to seek sales. Spam is defined as including, but not limited to, the following:
Electronic mail messages addressed to a recipient with whom the sender does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient through an opt in subscription;
Messages posted to Usenet, forums, Twitter, Facebook and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, posted in excessive volume, or posted against forum/message board rules. Be conscious of forum rules! If a forum owner or moderator complains that an affiliate has spammed, the affiliate account may be permanently terminated after investigation.
Content posted on free blog websites for the sole purpose of keyword spamming, or comments posted to legitimate blogs that violate the comment policy of the blog owner.
Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or “Instant Messaging” system;
Certain off-line activities that, while not considered Spam, are similar in nature, including distributing flyers or leaflets on private property or where prohibited by applicable rules, regulations, or laws.
Dave4Math, may undertake, at its sole discretion and with or without prior notice, the following enforcement actions:
Account Termination: Upon the receipt of a credible complaint, the Dave4Math Affiliate Program manager may investigate the complaint, and if necessary, will then terminate the affiliate account of the individual implicated in the abuse. Termination results in the immediate closure of the member and affiliate account, the loss of all referrals, and the forfeiture of any unpaid money on account. At Dave4Math discretion, termination may not only result in being banned from the affiliate program, but also being banned from ANY other internal affiliate programs.
If you wish to report a violation of our Anti-Spam Policy, please forward all relevant evidence to our customer service department at firstname.lastname@example.org
11. Relationship of Parties
Affiliates are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliates have no authority to make or accept any offers or representations on our behalf. Affiliates will not make any statement, whether on their sites or otherwise, that reasonably would contradict this statement.
12. Term and Termination
The term of this Agreement will begin when you accept and will end when terminated by either party. Either Dave4Math or the affiliate may terminate this Agreement at any time, with or without cause. Upon the termination of this Agreement for any reason, all licenses granted hereunder shall immediately terminate and you will immediately cease use of, and remove from Affiliate’s Web Site, all links to the Dave4Math websites, and all Dave4Math trademarks and logos, other Dave4Math marks and all other materials provided in connection with this program.
13. Limitation of Liability
Dave4Math will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, expenditures or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions paid or payable to the affiliate under to this Agreement.
We make no express or implied warranties or representations with respect to the Affiliate Program or an affiliate’s potential to earn income from the Affiliate Program. In addition, we make no representation that the operation of the websites or the Affiliate links will be uninterrupted or error-free, and Dave4Math will not be liable for the consequences of any interruptions or errors.
Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.
By signing up with the Dave4Math Affiliate Program, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.
4401 Little Road Ste 550-241
Arlington, Texas 76016
Phone: (817) 241-0575