Use of this MathDATA Website (this "Website") are governed by the terms and conditions below. These terms and conditions are legally binding on all users of this Website. By accessing this Website, you ("User") agree to abide by these terms and conditions. If you as the User of this Website do not agree with any of these terms and conditions please do not use this Website, because by using the Website you will be deemed to have irrevocably agreed to these terms and conditions.
All content, text, images, data, information and other material displayed, available or present on this Website ("Content"), including any intellectual property rights in such Content (including without limitation trademarks and copyrights) (hereinafter "Intellectual Property Rights"), are the property of MathDATA, its affiliates, its licensors or the designated owners, and are protected by applicable intellectual property laws. User should assume that everything User sees or reads on this Website is copyrighted unless otherwise noted, and may not be used without the written permission of MathDATA except as provided in these terms and conditions.
User may access, use and display this Website on a single computer only and download and print copies of the Content only for non-commercial, informational, personal use, without modification or alteration in any way, and only so long as User complies with these terms and conditions and applicable laws. User may not otherwise reproduce, sell, publish, distribute, modify, display, or use any of this Website or the Content without the prior written permission of MathDATA; provided, however, if the functionality of the Website permits the e-mailing of certain Content or a link through the use of an "e-mail to a friend" (or similar) icon, User may send that particular Content or link to others by e-mail, as indicated. User will not infringe upon any Intellectual Property Rights or remove or modify related proprietary notices contained in this Website or the Content.
MathDATA may or may not at times require a User to have a password and provide registration details to access this Website or portions of this Website. If MathDATA does require a password and registration details, it shall be a condition of use of this Website that all the details User provides are correct, current and complete. If MathDATA believes that the details are not correct, current or complete, MathDATA will have the right to refuse User access to the Website, or any of its resources, and to terminate or suspend User's account, if any. User is responsible for maintaining the confidentiality of any password(s) User is given to access this Website, and User is fully responsible for all activities that occur under User's password(s). User agrees to notify MathDATA immediately of any unauthorized use of User's password(s). MathDATA reserves the absolute right not to issue a password to any person or entity.
No link shall be made to any page of this Website except a direct link to the top page (www.MathDATA.com) without framing. Moreover, in the event MathDATA deems User's linking practices in relation to this Website to be inappropriate, MathDATA may provide notice to the User concerning removal or modification of the inappropriate link, and User agrees to comply with any and all requirements of MathDATA relating thereto. Upon notification of MathDATA as provided above, User may link to this Website unless and until MathDATA gives notice that User must discontinue linking to this Website.
MathDATA may in its discretion modify, edit, translate, suspend, restrict access to or terminate this Website and or use of the MathDATA application. It may also modify these terms and conditions, the Content or any link at any time without liability or prior notice. MathDATA may in its discretion terminate the browsing of, registration with and use of this Website by any User at any time without liability or prior notice for any reason, including for any breach of these terms and conditions.
User will comply with all applicable laws in connection with its use of this Website.
User will not engage in conduct on or in connection with this Website that is illegal, misleading, infringing, defamatory, obscene, offensive, or otherwise objectionable. User will not cause damage, embarrassment or adverse publicity to MathDATA.
User will cooperate with all reasonable requests of MathDATA and will notify MathDATA promptly upon learning of any actual or suspected breach of these terms and conditions by User or unauthorized use or abuse of this Website.
As a convenience to User, this Website may contain Content, links, and other information submitted by third parties over whom MathDATA has no control or responsibility. MathDATA has no obligation to monitor, control or restrict the use of this Website, or third party websites accessible via links on this Website. These other sites are not under the control of MathDATA, and User acknowledges that (whether or not such sites are affiliated in any way with MathDATA) MathDATA is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by MathDATA or any association with its operators. Moreover, MathDATA has no obligation to verify any Content submitted by a user or to provide any registration or other information to User concerning any Content.
THIS WEBSITE, ITS CONTENT, AND ITS LINKS ARE PROVIDED ON AN "AS IS" BASIS AND ARE USED ONLY AT THE SOLE RISK OF USER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. MathDATA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THIS WEBSITE (INCLUDING ITS CONTENT, HARDWARE, SOFTWARE AND LINKS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY AND FREEDOM FROM COMPUTER VIRUS. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO USER, THE ABOVE EXCLUSIONS WILL APPLY TO USER TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
MathDATA WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES AND LOST PROFITS, IN CONNECTION WITH USE OF THE INTERNET, THIS WEBSITE, ITS CONTENT, OR ITS LINKS, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MathDATA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MathDATA WILL NOT BE A PARTY TO, AND WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR, ANY TRANSACTION NEGOTIATED OR ARRANGED BY A USER ARISING IN CONNECTION WITH THIS WEBSITE. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THE MAXIMUM LIABILITY OF MathDATA WILL BE LIMITED TO, IN THE SOLE DISCRETION OF MathDATA DBA Fixed Element Inc., EITHER THE (1) CORRECTION OR DELETION OF ANY INACCURATE CONTENT OR LINK; OR (2) REFUND OF ANY FEES FOR THIS WEBSITE RECEIVED BY MathDATA FROM USER.
MathDATA IS A BRAND NAME IDENTIFYING A PRODUCT DEVELOPED, OWNED, SOLD, AND OPERATED BY Fixed Element Inc., Allenton, Michigan.
User will defend, indemnify and hold harmless MathDATA DBA Fixed ELement Inc., and its affiliates, officers, directors, employees and contractors from any demands, claims, damages, liabilities, expenses or harms, including attorneys fees, arising in connection with User's use of this Website, online conduct, breach of these terms and conditions or dealings or transactions with other persons resulting from use of this Website or the MathDATA application.
In connection with User's use of and/or access to Content contained in certain areas of this Website, it may be necessary for User to consent to policies or terms and conditions in addition to the terms and conditions set forth herein, which User should read carefully before making any use of such Content or areas of this Website. Any such terms will not vary or replace these terms and conditions regarding any use of this Website, unless otherwise expressly stated.
Payments - We accept Visa, Mastercard, American Express, Paypal, Electronic Bank Draft and Company checks.
Invoice Terms - For those accounts which require invoicing, we also accept corporate purchase orders and will bill at net 10 days. If using a P.O. all plans must be purchased in a single annual payment.
Cancellations - MathDATA does NOT pro-rate partial months. When cancelling you account you must do so prior to the 15th of the month if you wish to end service within any given month. MathDATA typcially debits credit cards and bank accounts on the 15th. If you cancel after the 15th, your subscruption will be paid and run through the following month. However, no further charges will be incurred.
Refunds - MathDATA will issue a refund ONLY in the event we inadvertantly charge or inappropriately bill your account. Refunds ARE NOT provided for account cancellations beyond the designated billing date for your account within a specific month.