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Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern mathtopper’s relationship with you in relation to this website. Mathtopper, reserves the right to change these Terms of Use from time to time and with or without notice to you in our sole and absolute discretion. The most current version of the Terms of Use will supersede all previous versions. Your use of the mathtopper Website or continued use of our service after changes are made means that you agree to be bound by such changes. The term “Mathtopper” or “us” or “we” refers to the owner of the website whose registered office is edutopper.com, 112/2, First Floor, Ahuja complex, Delhi Road, Meerut. The term “you” refers to the user or viewer of our website. The use of this website is subject to the following terms of use: How mathtopper works: # User Account, Password and Security In order to use our service requires you to open an account, you will be required to complete the registration process by providing certain information and registering a username and password for use with that Service. You are responsible for maintaining the confidentiality of the username and password and also for all activities which take place under your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. In no event will mathtopper.com be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account at any time, without the express permission of the account holder. # Academic Quality Mathtopper.com tutors are certified to teach in the country and/or state they reside. Mathtopper.com tries to ensure adherence to national and local curricula and standards, however this is not a guarantee. # Technology Mathtopper.com uses proprietary, licensed third-party technologies and free technology products. While all attempts are made to ensure stability and availability of technologies used by mathtopper.com, the company cannot get guarantee uptime. You are solely responsible for all service, telephony and/or other fees and costs associated with your access to and use of the Services and for obtaining and maintaining all telephone, computer hardware and other equipment required for such access and use. # Account Access; Identity Protection In order to provide you with ease of access to your account, mathtopper.com will place a cookie (a small text file) on any computer from which you access the mathtopper.com website. This cookie is used to identify you throughout the mathtopper.com website. This cookie will be destroyed when you close the browser or logout of the mathtopper.com website. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device. You may choose to share your account with other people by providing them your password. However, if you decide to share your account with other people, you take full responsibility for their actions. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to the mathtopper.com website. If you find that you're a victim of identity theft and it involves an mathtopper.com account, you should notify customer service. Then, you should report this instance to all your credit card issuers, as well as your local law enforcement agency. mathtopper.com reserves the right to place any account on hold anytime with or without notification to the subscriber in order to protect itself and its partners from what it believes to be fraudulent activity. mathtopper.com is not obligated to credit or discount a membership for holds placed on the account by either a representative of mathtopper.com or by the automated processes of mathtopper.com Intellectual Property * Copyright All content included on the mathtopper.com website and delivered to subscribers as part of the service, including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of mathtopper.com, or its suppliers and is protected by Indian and international copyright laws. The compilation of all content on this site is the exclusive property of mathtopper.com, and protected by Indian and international copyright laws. Content shall not be reproduced or used without express written permission from mathtopper.com or its suppliers. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the mathtopper.com website, not to insert any code or product or manipulate the content of the mathtopper.com website in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. mathtopper.com reserves the right to terminate your membership hereunder if mathtopper.com in its sole and absolute discretion, believes that you are in violation of this paragraph, such violations including the copying of content provided to you by us or the copying or other unauthorized use of our proprietary content. The use of the mathtopper.com service is solely for your personal and non-commercial use. Please see the instructions at the end of these Terms of Use for notifying us of the presence of any allegedly infringing content on the mathtopper.com website. * Trademarks The mathtopper logo, mathtopper.com, are trademarks or service marks of mathtopper.com The mathtopper.com website, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of mathtopper.com. The trademarks, service marks and trade dress of mathtopper.com may not be used or reproduced without prior written approval from mathtopper.com and may not be used in connection with any product or service that is not affiliated with mathtopper.com, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of mathtopper.com, or in any manner that disparages or discredits mathtopper.com. Other trademarks that appear on the mathtopper.com website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by mathtopper.com. Any images of persons or personalities contained on the mathtopper.com website are not an indication or endorsement of mathtopper.com or any particular product or our service unless otherwise indicated. Membership and Billing You can find the specific details regarding your subscription with mathtopper.com at anytime by clicking on the "My Details" link, of the mathtopper.com website after you login. * Cancellation and RefundWe are so confident about the quality of our tutors and the convenience and effectiveness of mathtopper’s online tutoring that we let you cancel your subscription anytime. To cancel, you can call us on +91-121-4025134. However, we follow a strict No Refund policy. Please Note: For your safety and convenience, we verify customer details before cancelling your subscription. Please use your Subscription Number and login email in all communication with us. Leaving a voice mail, sending an email or posting a message on Customer Care chat will NOT lead to a cancellation of your account. *PricingMathtopper reserves the right to change prices without advance notice and to offer promotions periodically to certain group of customers and thus not available to all customers. Web Site ContentWe distribute subject content, and other animations and we reserve the right to display and promote the content or other information on our Web site to you in any manner we choose in our sole and absolute discretion. In addition, the Mathtopper Web site allows you and other third parties to post comments, give feedback concerning the services offered, our tutors, and subject content distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Mathtopper Web site are those of the respective authors or producers and not of Mathtopper, ,or its shareholders, directors, officers, or employees. Under no circumstances shall Mathtopper, or its shareholders, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Mathtopper Web site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Mathtopper Web site. Use of Information Submitted Mathtopper, is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to Mathtopper ("Content"), including, without limitation, responses to questionnaires or through postings to the Mathtopper Web site without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Mathtopper Web site or other Web sites. Furthermore, by posting any Content on our site, submitting Content to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Content submitted in any media, software or technology of any kind now existing or developed in the future. Please note Mathtopper does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Mathtopper. Should you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against Mathtopper and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent. Service Testing From time to time, we test various aspects of our service, including service levels, plans, promotions and pricing, and we reserve the right to include you in or exclude you from these tests without notice. Electronic Communications By using the Mathtopper service, you consent to receiving electronic communications from Mathtopper. These communications will include notices about your account (e.g., shipping and receiving e-mails and other transactional information) and information concerning or related to our service, such as featured content or other announcements, or offerings. These communications are part of your relationship with Mathtopper and you receive them as part of the Mathtopper subscription. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. Conduct You may only access the site and use the Company Content and the Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Services. You agree that you will not in any way: (i) interfere with the ability of others to access or use the Services; (ii) disrupt the normal flow of communication or otherwise act in a manner that negatively affects other users' ability to use the site or the Services; (iii) claim a relationship with or to speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship; or (vi) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services. Limitations on Use You must be 18 years of age or older to subscribe to the Mathtopper service. While individuals under the age of 18 may utilize the service, they may do so only with the involvement of a parent or legal guardian. Unless otherwise specified, the content on the Mathtopper Web site is for your personal and non-commercial use and we grant you a limited license to access the Mathtopper Web site for that purpose. You may not download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the Mathtopper Web site without our express written consent. Mathtopper does not promote, foster or condone the copying of copyrighted material or any other infringing activity. Any unauthorized use of the Mathtopper Web site or its contents will terminate the limited license granted by us. Right to Terminate We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever. Links Some of the hyperlinks and banners on the Mathtopper Web site may lead to other Web sites that are not controlled by, or affiliated with, Mathtopper . In addition, other Web sites may link to the Mathtopper Web site. Mathtopper has not reviewed these Web sites and is not responsible for the content or privacy policies of these Web sites. Claims of Copyright Infringement It is the policy of Mathtopper to respect the intellectual property rights of others. Mathtopper does not promote, foster or condone the copying of copyrighted material or any other infringing activity. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material on the Mathtopper Web site, or know of someone who is making unauthorized use of the content of the Mathtopper Web site, please notify us of your concern by submitting a written notice to us at the following address: edutopper.com 112/2, First Floor, Ahuja Complex, Delhi road, Meerut – 250002 India Attention: General counsel: Your notice must be signed and contain the following: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest; (ii) Identification of the copyrighted work claimed to have been infringed; (iii) Identification of the material on the Mathtopper Web site that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material; (iv) Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, your e-mail address; (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) A statement that the above information is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of the copyright that is allegedly infringed. Disclaimer of Warranty; Limitations THE COMPANY CONTENT, THE SITE, THE SERVICES AND EACH PORTION THEREOF ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE COMPANY CONTENT, THE SERVICES AND EACH PORTION THEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE COMPANY CONTENT, THE SITE, THE SERVICES, EACH PORTION THEREOF OR ANY THIRD PARTY SITES. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE OR THIRD PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE COMPANY CONTENT, THE SITE, THE SERVICES OR ANY PORTION THEREOF, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE SITE, THE COMPANY CONTENT, THE SERVICES OR ANY PORTION THEREOF RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATE, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NEITHER WE, NOR THIRD PARTIES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THE COMPANY CONTENT, THE SITE, THE SERVICES OR ANY PORTION THEREOF OR IN ANY REPORTS OF VERIFICATION SERVICES. YOU AGREE NOT TO HOLD US (OR OUR AGENTS, EMPLOYEES OR TUTORS) LIABLE FOR ANY INSTRUCTION, ADVICE OR SERVICES DELIVERED WHICH ORIGINATED THROUGH THE SITE, THROUGH ANY VERIFICATION SERVICE OR IN CONNECTION WITH THE COMPANY CONTENT, THE SERVICES OR ANY PORTION THEREOF. Indemnification You agree to indemnify, defend and hold harmless us, and our affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers (including our affiliates' respective officers, directors, agents, partners, employees, licensors, representatives, and third party providers), from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorney's fees and related costs and expenses, due to or arising out of any User Content you submit, post to, email, or otherwise transmit to us or through the Services, your use of the Services, the Company Content or any portion thereof, your connection to the Services, or your breach of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully cooperate with such defense and in asserting any available defenses. Modifications to the Service We may add, change or eliminate features, pricing, nomenclature and other aspects of the Services and make other changes at any time and these Terms will continue to apply to the Services as modified. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the site or the Services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, suspension, or discontinuance of the site or the Services. General These Terms and any policies applicable to you posted on the site constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. All rights not expressly granted herein are expressly reserved. These Terms shall inure to our benefit and to the benefit of our agents, licensors, licensees, successors, and assigns. If any provision of these Terms is found to be illegal or unenforceable, these Terms will be deemed curtailed to the extent necessary to make the Terms legal and enforceable and will remain, as modified, in full force and effect. These Terms and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the laws of the State of Utterpradesh applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in the State of Utterpradesh. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail. Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound. |
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