Please note that this Site and services are currently are in Beta Release and accordingly some of the Site features and services described or implied to be available below may not be available to you and the Site and services may exhibit errors, bugs or glitches.
PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING ANY PART OF THE SITE, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MAY NOT ACCESS THE SITE OR USE ANY THE SERVICES IT CONTAINS.
1. Permitted and General Use of the Site
MathTech (“eqaoquizzer.com”) provides through the Site and Services that is copyright and/or trademarked work of MathTech (“eqaoquizzer.com”). Materials may include without limitation, logos, video, graphics, images, software and other content. All questions, lessons, content, evaluations, assessments, solutions and related educational information made available on the Site and/or through the Services and all associated intellectual property and other proprietary rights are owned by MathTech (“eqaoquizzer.com”), except that you retain ownership of any Submissions that you have provided as described.
If you contravene or breach an of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded and/or printed Materials and refrain from any further use of the Materials, Site and related Services.
3. Age Restrictions
You may only use the Site and Services if you a) have reached the age of majority, or legal age in your jurisdiction and who can form legally binding contracts under applicable law; or b) if you are below the age of majority, or legal age, in your jurisdiction you have the consent/agreement of your legal parent, guardian or your teacher. By using this website, you hereby represent and warrant that you have reached the age of majority, or legal age in your jurisdiction and who can form legally binding contracts under applicable law; or b) if you are below the age of majority, or legal age, in your jurisdiction but you have the consent/agreement of your legal parent, guardian or your teacher.
If you register, request or approve registration, or provide registration details, or otherwise assume responsibility for any student, you represent that you are the student’s legal parent or guardian. Or, if you are a teacher, school or school board, that you have authority to consent to student’s use of this Site and services and you agree to bound by these terms on behalf of any all such students, including without limitations being liable for all the use of this Site and services by each student.
4. Registering to Use the Site and Services
You do not need to register with MathTech (“eqaoquizzer.com”) to simply visit and view the Site, but will you will only have limited access to Site functionality and features. However, in order to use the Services and Materials offered on and through the Site, Teachers and Students must register to create an account.
Student Registration: You are only permitted to use the Site and/or Services as a student user (“Student”) on condition that you meet the age restrictions outlined in Section 3. Age Restrictions. We may terminate a Student’s access to the Services at any time and without warning for any failure to comply with these Terms.
In addition to your other obligations specified in these Terms, by registering to use the Services as a Student, you represent and warrant that: (i) you are a student who wishes to use the Services for your own personal educational purposes; (ii) you understand and agree that your use of the Site and Services is governed by these Terms (please ask your Parent or Teacher to explain these Terms if you do not understand them); and (iii) you will immediately cease using the Site and Services when you no longer wish to use (or you are no longer permitted to use) the Site and/or Services for any reason. You acknowledge and agree that through the Teacher dashboard (if applicable) and related features, and/or other features of the Services that your Teacher may be able to review your activities using the Services, including without limitation, your marks for work completed within the Site and/or Service only and results on evaluations. Students that register for standalone paid subscriptions outside of a teacher’s class will be wholly separate to any registration made as part of a class and no Teacher(s) shall access to their activities on the Site.
Teacher Registration. You are only permitted to use the Services as a teacher user (“Teacher”) on condition that you are a teacher, teacher-assistant, educational assistant, or similar educational professional who is employed by the school that the Student attends. Once you complete the registration process, the Services may enable you to send invitations to your Students via email, inviting such Students to register to use the Site and Services. We may terminate a Teacher user account at any time and without warning for any failure to comply with these Terms.
In addition to your other obligations specified in these Terms, by registering to use the Services as a Teacher, you represent and warrant that: (i) you are a teacher, teacher-assistant, educational assistant, or similar educational professional who is employed by the school and/or school board which Student attends; (ii) you have full permission from the school and/or School Board by which you are employed to use the Site and Services on the School’s and/or School Board’s behalf; (iii) you have the legal right and authority to enter these Terms on the School’s and/or School Board’s behalf and to legally bind the School and/or School Board to these Terms; (iv) you have the written permission from each Parent and/or Student that registers to your class through the Services, to communicate with them via email; (v) you will immediately cease using the Site and Services when you are no longer a Teacher of the Student(s) (unless you re-register for new Students at a different school in accordance with these Terms); and (vi) you will not require any Students to register to use the Services; Students must be free to determine whether they wish to use the Services.
MathTech (“eqaoquizzer.com”) reserves the right to approve or reject all users of the Services, at MathTech (“eqaoquizzer.com”) sole discretion.
All Users: If you create an account on the website, you are responsible for maintaining the security of your account and Site, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Site.
You are responsible for maintaining the confidentiality of your password used to access the Site or Services, and you are responsible for all activities that occur using your Passwords. Except to the extent a Student shares his or her password with his or her Parent, or legal guardian, you agree not to share your Passwords, let others access or use your Passwords or do anything else that might jeopardize the security of your Passwords. You agree to notify MathTech (“eqaoquizzer.com”) if your Password is lost, stolen, if you are aware of any unauthorized use of your Password or if you know of, or suspect, any other breach of security in relation to this Site or the Services.
Beta Release: If you currently register for a “beta account” or other pre-release version of the Site, Services, and/or Materials (each, a “Beta Release”), you acknowledge and agree that the Beta Release may contain, at MathTech (“eqaoquizzer.com”)’s sole discretion, more or fewer features, content, or different licensing terms than a subsequent commercial release version of the Beta Release that may be offered through the Site and/or Services. You acknowledge and agree that any “beta account” will automatically convert to a commercial release version account upon the launch date of the Site or Services to the public (“Public Launch Date”). If you do not wish to continue using the Site or Services after the Public Launch Date, you may delete your account as set forth above in these Terms.
While MathTech (“eqaoquizzer.com”) generally intends to distribute commercial release versions of the Site, Services, and Materials MathTech (“eqaoquizzer.com”) reserves the right not to release later commercial release versions of any Beta Release. Without limiting any disclaimer of warranty or other limitation stated in these Terms, you agree that any Beta Release is not considered by MathTech (“eqaoquizzer.com”) to be suitable for production use, and that it may contain errors affecting its proper operation.
By accepting theses terms, you agree and acknowledge that use of beta release may exhibit irregularities and/or sporadic disruptions that may disrupt your use of the Site and/or Services in general, and any services and/or materials or content that be may be offered on or through the Site. MathTech (“eqaoquizzer.com”) specifically disclaims all damages resulting from your use of any beta release or production release.
Account Termination: You may close your user account at any time by contacting us using and requesting termination of your account. We may terminate your account any time and for any at reason in our sole discretion. To the extent you have paid any fees to MathTech (“eqaoquizzer.com”) prior to termination of your account, you will not be entitled to any refund of such fees.
MathTech (“eqaoquizzer.com”) may make changes to the content and Services offered on or through the Site at any time. MathTech (“eqaoquizzer.com”) may also change, update, add, or remove provisions of these Terms at any time. If we change these Terms, we will use commercially reasonable efforts to notify you of such changes; for example, we may send you an email if you have registered with us to use our Services, or we may post a notice on the Site indicating that we changed our Terms. However, it is your responsibility to periodically check on the Site to see if these Terms have changed. By using this Site after MathTech (“eqaoquizzer.com”) has updated these Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site and Services.
6. Verification of Identity
You acknowledge that we may choose, but are not obligated, to make any inquiries, either directly or through third parties, that we deem necessary to validate any user’s registration information, including without limitation engaging third parties to provide identity or other verification services. MathTech (“eqaoquizzer.com”) reserves all rights to take legal action against anyone who misrepresents personal information or is otherwise untruthful about their identity in connection with their use of the Site of services provided. Notwithstanding the above statement, you agree that MathTech (“eqaoquizzer.com”) cannot guarantee the accuracy of and information submitted by a user, or the identity of any user who chooses to use the Site or services provided. We are also not obligated to verify the identity of any user.
7. Membership and/or Subscription Fees
Access to this Site is provided to you for a fee with the exception of the 30-day trial subscription. By starting your MathTech (“eqaoquizzer.com”) membership or subscription, you expressly agree that MathTech (“eqaoquizzer.com”), or designated Third Party, is authorized to charge you the membership or subscription fee associated with the annual membership. The prices associated with each membership or subscription and other charges are subject to change without notice but we will notify you if we introduce any new fees or change existing fees 30 days prior to any changes coming into effect. Membership or subscription begins on the date it is purchased and will continue until cancelled. Membership shall not be transferred or assigned to any other third-party nor shall a third-party be granted access to the Site through use of your Registration Data and/or login and password. We will bill the associated fee with your membership or subscription at the current rate. Fees are not refundable.
Unless you notify MathTech (“eqaoquizzer.com”) before the end of the applicable subscription period that you want to cancel your subscription, your subscription will automatically renew and you authorize us to collect the then-applicable subscription fee for such Site (as well as any taxes) using any credit card or other payment mechanism we have on record for you. To avoid billing of the next membership fee, you must cancel your membership before it renews. Subscriptions can be cancelled at any time in the Tools / My Account section.
8. Electronic Communications
By using the Site and Services provided on or through the Site, you hereby consent to receive commercial electronic communications from MathTech (“eqaoquizzer.com”) or related services. These electronic communications may include notices about applicable fees, other charges, transactional information, and other information concerning or related to the Site and Services. These electronic communications are part of your relationship with MathTech (“eqaoquizzer.com”).You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. By agreeing to these Terms (and by using this Site and/or Services), you are consenting to MathTech (“eqaoquizzer.com”) communicating with you via electronic means.
9. Submissions and Responsibility of Contributors
You are responsible for the information of any natures such as questions, text, solutions, answers, information, opinions, messages, comments, photos, graphics, videos, sounds, lessons, educational material and any other content that you submit, post, upload or send, or otherwise make available on or through the Site and/or Services (each a “Submission” and/or “Content”). You are entirely responsible for the content of, and any harm resulting from, that content submitted.
By making content (of any type) available, you represent and warrant that:
• the uploading, copying and use of the content will not infringe the rights of others;
• you may not upload, post, send or otherwise make available on this Site or through the Services, any material protected by copyright, trademark or any other intellectual property or other proprietary right without the express permission of the owner of such copyright, trademark or other intellectual property or other proprietary right, and the burden of determining whether any material is protected by any such right is on you;
• you have the right, or have received permission from the right holder to make the content available;
• you have fully complied with any licenses relating to the content;
• you agree to pay for all royalties, fees, damages, and any other monies owing to any person and/or entity by reason of any Submissions posted by you to or through this Site and the Services. Without limiting the foregoing, you shall be solely liable for any and all claims, damage, and loss resulting from any infringement and/or misappropriation of copyrights, trademarks, and/or other proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make;
• you have full responsibility for each Submission you make, including its legality, reliability, and appropriateness;
• you have ensured each Submission does not contain or install any viruses, worms, malware, or other harmful or destructive content;
• the Submission is not spam, and is not machine- or randomly-generated;
• the Submission does not contain unethical or unwanted commercial content designed to drive traffic to third party Sites;
• the Submission is not designed to boost the search engine rankings of third party Sites;
• the Submission is not designed to further unlawful acts (such as phishing), or mislead recipients as to the source of the material (such as spoofing);
• the Submission is not pornographic;
• the Submission content does not contain threats, or incite violence towards individuals or entities;
• the Submission does not violate the privacy or publicity rights of any third party;
• the Submission does not misleads your readers into thinking that you are any person or company other than yourself;
Without limiting the foregoing, you are only permitted to make Submissions that are consistent with the educational purposes for which MathTech (“eqaoquizzer.com”) makes the Site and Services available.
By submitting Submissions and/or content to this for inclusion on the Site, you grant MathTech (“eqaoquizzer.com”) a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the content for the purpose of displaying, distributing and promoting the Site.
If you delete the content, MathTech (“eqaoquizzer.com”) will use reasonable efforts to remove it from the Site, but you acknowledge that caching or references to the content may not be made immediately unavailable.
Without limiting any of those representations or warranties, MathTech (“eqaoquizzer.com”) has the right (though not the obligation) to, in our sole discretion:
• refuse or remove any content that, in our reasonable opinion, violates any policy or is in any way harmful or objectionable, or;
• terminate or deny access to and use of the Site to any individual or entity for any reason, in our sole discretion. We will have no obligation to provide a refund of any amounts previously paid;
If you send or transmit any communications, comments, questions, suggestions, or related materials to MathTech (“eqaoquizzer.com”), whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site or Services, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and MathTech (“eqaoquizzer.com”) is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that MathTech (“eqaoquizzer.com”) is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution. The terms of this paragraph shall not apply to your Submissions which are governed by the terms set forth above under “9. Submissions and Responsibility of Contributors”.
11. Unauthorized Activities
When using this Site and/or the Services, you agree not to:
• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as the rights of privacy and publicity) of others.
• Use racially, ethnically, or otherwise offensive language.
• Discuss or incite illegal activity.
• Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
• Post anything that exploits children or minors or that depicts cruelty to animals.
• Post any materials that violate the copyright rights, trademark rights, or other intellectual property rights of any person without the express permission from the owner.
• Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, ‘bulk messaging’, or any other form of such solicitations.
• Use any robot, spider, scraper, or other automated means to access the Site or Services.
• Take any action that imposes an unreasonable or disproportionately large load on our or our third-party service providers’ infrastructure.
• You know to be false, misleading, untruthful or inaccurate.
• Restricts or inhibits any other user from using the Site and/or the Service.
• Contains comments, or content, that constitutes personal attacks against private individuals and/or groups.
• Is designed or intended to obtain password, account or private information from any Site member.
• Alter the opinions, comments, messages or other Submissions posted, sent or otherwise communicated by others on this Site or through the Services.
• Post, send, or otherwise communicate any Submission or other information contrary to our public image, goodwill or reputation, as determined by us in our sole discretion.
This list of prohibitions provides examples and is not complete or exclusive. MathTech (“eqaoquizzer.com”) reserves the right to: (i) terminate access to your account and your ability to post to this Site (or use the Services); and (ii) refuse, modify, delete, or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that MathTech (“eqaoquizzer.com”) determines is inappropriate or disruptive to this Site and/or the Services or to any other user of this Site and/or Services. In addition to violating these Terms, any unauthorized use of any Materials may violate applicable laws, rules, and/or regulations.
12. Responsibility of Website Visitors
MathTech (“eqaoquizzer.com”) has not reviewed, and cannot review, all of the material, including but not limited to questions, answers, graphics, pictures and computer software, posted to the Site, and cannot therefore be responsible for that material’s content, use or effects. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The website may contain content that contains technical inaccuracies, typographical mistakes, and other errors. The website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. MathTech (“eqaoquizzer.com”) disclaims any responsibility for any harm resulting from the use by visitors of the website, or from any downloading by those visitors of content there posted.
13. Other Websites, Links and Advertising
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which MathTech (“eqaoquizzer.com”) links, and that link to MathTech (“eqaoquizzer.com”). MathTech (“eqaoquizzer.com”) does not have any control over those external websites and webpages, and is not responsible for their contents or their use. By linking to an external website or webpage, eqaoquizzer.com does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. MathTech (“eqaoquizzer.com”) disclaims any responsibility for any harm resulting from your use of external websites and webpages.
14. Governing Law and Arbitration
These terms and shall be governed under the laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein and you agree to submit to the jurisdiction of the Courts of the Province of Ontario sitting in City of Hamilton, Ontario, Canada in respect of any matter relating to these terms. You hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter.
If you use this Site or Services outside of Ontario, you are responsible for following applicable local laws, rules and regulations.
15. Modifications to Site, Services and/or Software
MathTech (“eqaoquizzer.com”) reserves the right to modify, temporarily discontinue or disable the Site, Services and/or Software at any time, and for any length of time without notice to you. You agree that MathTech (“eqaoquizzer.com”) shall not be liable to you, or any third-party, for any modification or temporary discontinuance of the Site, Services and/or Software. Liability is limited to the paid membership and/or subscription fee that will be pro-rated based on length of time remaining, rounded down to the nearest number of months remaining on the membership and/or subscription fee, and only in the event of a permanent discontinuance of the Site, Services and/or Software
Any information sent or received over the Internet is generally not secure. MathTech (“eqaoquizzer.com”) cannot guarantee security of any communication to or from the Site nor do we assume any responsibility or risk for your use of the Internet.
17. Copyright infringement
As MathTech (“eqaoquizzer.com) asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by MathTech (“eqaoquizzer.com) violates your copyright or intellectual property rights, you are encouraged to notify us and we will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. MathTech (“eqaoquizzer.com) will terminate a user’s access to and use of the Site if, under appropriate circumstances, the user is determined to be a repeat infringer of the copyrights or other intellectual property rights of MathTech (“eqaoquizzer.com) or others. In the case of such termination, MathTech (“eqaoquizzer.com) will have no obligation to provide a refund of any amounts previously paid to MathTech (“eqaoquizzer.com).
18. Intellectual property
This Agreement does not transfer from MathTech (“eqaoquizzer.com) to you any MathTech (“eqaoquizzer.com).or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with MathTech (“eqaoquizzer.com). The MathTech (“eqaoquizzer.com) logo, and all other trademarks, service marks, graphics, logos, images, and icons and all Materials used in connection with and/or on the Site are owned by MathTech (“eqaoquizzer.com). Other trademarks, service marks, graphics and logos used in connection with the website may be the trademarks of other third parties. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express prior written consent of the copyright owner or license.
19. Assignment and Severability
These terms are personal to you and you may not assign your rights or obligations to anyone. Any attempted assignment in violation of the foregoing shall be void.
If any term or provision of these term is found to be invalid or unenforceable under applicable law, the balance of the terms and provisions will continue in full force and effect, and the balance of the terms and provisions will be reasonably construed to carry out the intent of the parties as evidenced by the terms in their entirety.
You hereby agree to indemnify, defend, and hold harmless, MathTech (“eqaoquizzer.com”), its parents, affiliates, subsidiaries, suppliers, licencors, and business partners, and its and their respective officers, directors, employees, and agents from and against any and all costs, damages, liabilities, losses, and expenses (including without limitation attorneys’ fees and costs of defence) any above party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site and/or the Services, or the use of this Site and/or the Services, by any person using your user name and/or Password (including without limitation, your participation in the Interactive Features and your Submissions) violates any applicable law, rule or regulation, or the copyrights, trademark rights or other rights of any third party, including without limitation, the intellectual property, privacy, and/or publicity rights of any third party. For the avoidance of doubt, Teachers’ foregoing indemnification obligations expressly extend to the acts and omissions of their Students for whom they are responsible in accordance with these Terms.
21. Warranty Disclaimer
Your use of this Site and/or the Services is entirely at your own risk. The Materials have not been verified or authenticated in whole or in part by MathTech (“eqaoquizzer.com”), and they may include inaccuracies or typographical or other errors. MathTech (“eqaoquizzer.com”) does not warrant the accuracy or timeliness of the Materials contained on this Site or otherwise made available through the Services and has no liability for any omissions or errors or in the Materials, whether provided by MathTech (“eqaoquizzer.com”), our licencors or suppliers or other users.
THIS SITE, THE SERVICES, AND MATERIALS, AND ANY INFORMATION OR CONTENT CONTAINED OR PRESENTED BY MATHTECH (“EQAOQUIZZER.COM”) ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. MATHTECH (“EQAOQUIZZER.COM”)
YOU ACKNOWLEDGE AND AGREE THAT MATHTECH (“EQAOQUIZZER.COM”) AND OTHER MATHTECH (“EQAOQUIZZER.COM”) RELATED PARTIES DO NOT REPRESENT, WARRANT, COVENANT OR GUARANTEE THAT USING THE SITE AND/OR SERVICES WILL RESULT IN ANY IMPROVED PERFORMANCE BY ANY STUDENT OR WILL RESULT IN ANY PARTICULAR STUDENT ADVANCEMENT, ATTAINMENT OR HIGHER LEVEL OF ACHIEVEMENT.
MATHTECH (“EQAOQUIZZER.COM”) AND ITS RELATED PARTIES, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, COVENANTS OR GUARANTEES IN CONNECTION WITH THIS SITE OR THE SERVICES RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR CONTENT CONTAINED OR PRESENTED ON OR THROUGH THIS SITE AND/OR THE SERVICES, INCLUDING WITHOUT LIMITATION, THE MATERIALS AND SUBMISSIONS.
THE OPERATION OF THE SITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND MATHTECH (“EQAOQUIZZER.COM”)’S CONTROL. THE OPERATION OF THE SITE MAY NOT BE CONTINUOUS OR UNINTERRUPTED OR SECURE OR ERROR-FREE. SECURITY AND PRIVACY AND CONFIDENTIALITY RISKS CANNOT BE ELIMINATED. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN SUCH CASE, MATHTECH (“EQAOQUIZZER.COM”)’S WARRANTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED UNDER THE APPLICABLE LAWS OF SUCH JURISDICTION.
22. Limitation of Liability
IN NO EVENT SHALL MATHTECH (“EQAOQUIZZER.COM”) OR THE OTHER RELATED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, CLAIM, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LOSSES AND COSTS (INCLUDING BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, SERVICES AND/OR MATERIALS.
IN ADDITION, IN NO EVENT SHALL MATHTECH (“EQAOQUIZZER.COM”) AND IT’S RELATED PARTIES TOTAL CUMULATIVE LIABILITY ARISING UNDER OR IN CONNECTION WITH THESE TERMS, EXCEED ONE HUNDRED CANADIAN DOLLARS (CDN$100). SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN SUCH CASE, MATHTECH (“EQAOQUIZZER.COM”)’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED UNDER THE APPLICABLE LAWS OF SUCH JURISDICTION.
23. Release and Indemnity
YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE MATHTECH (“EQAOQUIZZER.COM”) OR THE OTHER RELATED PARTIES INCLUDING DIRECTORS, OFFICERS AND EMPLOYEES FOR ANY AND ALL LIABILITIES AND DAMAGES (INCLUDING ANY AND ALL DIRECT, INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL DAMAGES, MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, AND COSTS WHATSOEVER OR ARISING FROM YOUR USE OF THE SITE. YOU AGREE THAT YOUR SOLE REMEDY FOR ANY CLAIMS, LOSS, DAMAGE, COSTS OR EXPENSES IS TO CEASE USING THE SITE.
MathTech (“eqaoquizzer.com”) may terminate your access to all or any part of the website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement you may contact support to request your account be disabled. Notwithstanding the foregoing, such account can only be terminated by MathTech (“eqaoquizzer.com”) if you materially breach this Agreement and fail to cure such breach within thirty (30) days from MathTech (“eqaoquizzer.com”) notice to you thereof; provided that, MathTech (“eqaoquizzer.com”) can terminate the website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
26. Contact Us
Effective Date: July 9, 2015