Terms of Use

Last Revised: November 19th, 2019

  1. Agreement
    Spirit of Math Schools Inc., together with its subsidiaries and affiliates (hereinafter referred to a s “us”, “we” and/or “Spirit of Math”) welcomes you to www.spiritofmathcontest.com ( the “Site”), which offers schools, educators,
    parents and students an enrichment program which may include online educational content, the ability to register for competitions, and/or to purchase access to premium content (ea ch a n “Order”), as well as other materials, programs, or services that we may choose to offer from time to time (together with the Site, the “Services”).
    By accessing and using this Site, you signify that you have read, fully understand and agree to be legally bound by these Terms of Use (the “Terms” or “Agreement”) and to comply with all applicable laws and regulations as they may change from time to time. To make a purchase on the Site, you must be at least the applicable age of majority in your province/territory/jurisdiction of residence, able to form legally binding contracts, and, if applicable, authorized to bind the individual or specific entity on whose behalf you are accessing and using the Service. We reserve the right to restrict or limit access to the Site and our Services to jurisdictions or geographic areas of our choice. If you utilize or sign up for the Service on behalf of another individual, company, or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on their behalf. For example, if you use the Services on behalf of a school or educational institute, you must have the authority to bind the school or educational institute to these terms. If we learn that you do not have the appropriate authority, we may terminate or suspend your Account.
    If you are a student who is a minor in the jurisdiction where you live, you must have your parent/legal guardian agree to these terms on your behalf. As a parent or legal guardian of such a child, you must agree to these Terms on behalf of your child, and must supervise a nd be responsible for your child’s use of the Site a nd Services. We may require parents/legal guardians to provide their own contact information, or we may obtain such contact information from a school or student, we may use it to verify the parent/lega l gua rdia n’s agreement to these terms, and that we have their permission to allow their child to use the Site and Services. We may delete your account without warning, if we determine or reasonably believe you have violated this requirement , or any other provision of these Terms.IF YOU DO NOT ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS
    OF USE, YOU ARE NOT PERMITTED TO ACCESS OR USE THE SITE OR THE SERVICES. We suggest you
    print a copy of these Terms of Use for your records.
  2. Registration and Account Security
    Certain features and/or portions of the Services are password-protected and require you to complete a registration
    process a nd crea te a n a ccount (“Account”) in order to obtain access and/or participate. When registering with us to
    use any such features and/or portions of the Services, you agree: (i) that you will provide complete and accurate
    information about yourself, and if applicable, the student for whom you are registering; and (ii) to update such
    information as it changes. In the event that you do not provide or update such information, or we have reasonable
    grounds to suspect that you have not provided or updated such information, we shall have the right, in our sole and
    absolute discretion, to disable your password and prevent you from using the Services, or any such features or portions
    of the Services.
    It is your responsibility to keep the password provided to you confidential and secure. In the event that your username
    or password is used without your consent or that you discover any other breach of security, you agree to promptly
    notify us at recovery@spiritofmathcontest.com. We are not responsible for your failure to comply with this clause, or
    for any delay in shutting down your Account after you have reported a breach of security to us. You are solely
    responsible for any and all activities which occur under your user Account.
    To register and make full use of the Services you must have an internet enabled device such as a laptop /mobile
    phone/tablet with a browser with cookies enabled and speakers for audio/video content. You are responsible for any
    internet or data charges you incur. Consult your carrier for details.
  3. Our Intellectual Property Rights in the Services and the Content
    The Services consist of various graphics, texts, videos, educational materials and tools, math problems, questions,
    answers, and tests, programs, tests, icons and buttons that have been provided by Spirit of Math and/or other entities
    under our direction (e.g. designers). All such content is owned by Spirit of Math and/or the applicable third party
    entity. For greater certainty, Spirit of Math and applicable third party entities hold all right, title, and interest in and to
    any and all content provided by such parties for the Services, including, without limitation, all such information in
    text, graphical, video and audio formats, images, icons, designs, trade-marks, brand names and software (collectively,
    the “Content”).
    You hereby acknowledge that the Content is protected by all copyright, trade-mark, and other applicable intellectual
    property laws. Your use of the Services does not grant or transfer to you any ownership or other rights in the Content,
    and except as expressly provided, nothing herein or within the Services shall be construed as conferring on you or any
    other person any license under any of Spirit of Math or a ny third pa rty’s intellectua l property rights, including, without
    limitation, any right to download, display, reproduce, distribute, modify, edit, alter or enhance any of the Conten t in
    any manner whatsoever. Any rights not expressly granted to you in these Terms are expressly reserved by Spirit of
    Math. For greater certainty, you agree that you will not take any action that is inconsistent with Spirit of Math
    ownership of the Services and/or Spirit of Math ownership of, or a ny third pa rty’s ownership of, a ny Content. Without
    limiting the generality of the foregoing, users of these Services shall be entitled to use Content contained within this
    Site only for their own personal and non-commercial use, but may not republish or reproduce any such Content in any
    manner without the prior written consent of Spirit of Math.
    Spirit of Math hereby grants each user of this Site a limited, non-exclusive and revocable license to make personal
    and non-commercial use of the Site and its Content in accordance with any access limitations (such as a Subscription)
    described on the Site. For greater certainty, this limited license only allows you to use, view, download or print
    materials from this Site for your own personal and non-commercial use (provided all original copyright, trade-mark
    and other notices are preserved in their original form). This limited license does not include a ny rights not specifically
    enumerated herein, and, for greater certainty, does not include permission to copy, redistribute, reproduce or republish,
    in any form, any content contained within this Site or the Services.
    Certain names, graphics, logos, icons, designs, words, titles or phrases contained within the Site or the Services may
    constitute trade names, registered or unregistered trade-ma rks or service ma rks (collectively, “Trade-marks”) of
    Spirit of Math or other entities. Trade-marks may be registered in Canada and in other countries as applicable. All
    Trade-marks not owned by Spirit of Math are the property of their respective owners, and, where used by Spirit of
    Math are used under license or with permission. All Trade-marks are and shall remain the sole and exclusive property
    of their respective owner(s). Any use of such Trade-marks, except as expressly provided for herein, without the express
    written consent of the applicable owner is strictly prohibited. Nothing contained herein or on this Site may be construed
    as granting, by implication, estoppel, or otherwise, any license to use any Trade-mark(s). You agree that you will not
    take any actions inconsistent with Spirit of Math ownership of, or a ny third pa rty’s ownership of, the Tra de-marks.
  4. Purchasing Student Registrations
    Spirit of Math may provide schools or other educational institutes with the opportunity to purchase registrations
    (“Registrations”) to allow their students the ability to participate in competitions (“Competitions”) that Spirit of
    Math may offer from time to time.
    As you purchase a Registration, you must follow the instructions provided to assign it to a student. In doing so, the
    school or other educational institute must provide the required information for the student and their parent/legal
    guardian, and must obtain the consent of the student and/or their parent/legal guardian to provide us with their
    information and to use and disclose it in accordance with these Terms, and our Privacy Policy.
    After the school or educational institute has assigned a Registration to a student, we may send that student, or their
    parent/legal guardian an email to confirm their agreement to participate in the Services and/or Competition.
    To use the Registration, your student, or if they are a minor their parent/legal guardian, must create an Account, or the
    school ma y do so if it ha s the permission or the student’s parent/legal guardian.
    If you are a student or parent user, you understand and agree that any grades or scores achieved through the
    Competitions will be provided to the school or educational institute with which your Account is associated.
    Competitions may be subject to additional rules and requirements, to which all participants must agree as a condition
    of participating in the Competition. These rules and requirements may differ between Competitions. Any such rules
    and requirements will be published in association with the Competition.
  5. Subscriptions to Premium Content
    Spirit of Math may at its discretion and subject to these Terms make certain Content available to users without charge
    on creation of an Account. Additional Content may be a vailable to users who purchase a subscription
    (“Subscription”). The Content you can access, and the term and renewal structure for your Subscription can be found
    at practice.spiritofmathcontest.com.
    By completing your registration for a Subscription, you authorize us to charge you a subscription fee plus applicable
    ta xes (“Subscription Fees”) on a recurring ba sis a nd in a ccorda nce with the Subscription terms you select.
    Subscription Fees are charged on a monthly or yearly basis based on your selection when you register. The initial
    monthly Subscription Fee will be payable immediately when you purchase a Subscription, and you will be charged
    the monthly Subscription Fees each month of the term of your Subscription thereafter.
    Subscriptions purchased on a monthly basis are billed each month until you cancel your subscription in accordance
    with Section 6. If you have purchased a Subscription for a fixed number of months (for example one year), unless you
    were informed otherwise at the time you purchased your Subscription, your Subscription will automatically renew for
    a new Subscription term (for example, a second one year term) unless you cancel your Subscription before the end of
    your current Subscription term. If required by law or at our discretion, we will provide you with notice of the renewal.
    If you do not cancel your subscription during the current term, your Subscription will renew at the then-current
    Subscription rate and for the same term as your current Subscription (e.g., monthly, yearly).
  6. Cancelling a Subscription or Account
    We may cancel your Subscription upon no less than thirty (30) days advance written notice to you. You may cancel
    your recurring Subscription by logging into you account and following the instructions provided to cancel your
    subscription. If you need assistance you may contact us at info@spiritofmathcontest.com. Following any cancellation,
    however, you will continue to have access to the your Subscription through the end of your current billing period.
    We, in our sole discretion and without liability, reserve the right to cancel, terminate, restrict or suspend your access
    to the Service or to delete your Account and any information or user profile(s) related to such Account if we reasonably
    believe that you are or will be in violation of these Terms and/or any applicable laws. Any such cancellation,
    termination, restriction, suspension or deletion is in addition to, and not in lieu of, any rights and remedies available
    to us under these Terms or any applicable law. The agreement formed by your acceptance of these Terms will continue
    to apply to and be binding upon you in respect of your prior use of the Service. For greater certainty, any
    indemnification, warranties and limitations of liability under these Terms remain in effect following any cancellation,
    termination, restriction, suspension or deletion.
  7. Payment
    You will be billed for your Order at the time your Order is placed. You will be responsible for all applicable taxes
    related to your Order. Applicable taxes will be charged at the time you are billed. Taxes may depend on your location.
    Payments are processed by a third party service provider and Spirit of Math does not collect your financial information.
    Spirit of Math will only charge you the invoiced amount on the invoice presented to you, but your financial institution
    may charge you a service charge or other bank fees.
    All Orders made through the Site are subject to the terms and conditions of this Agreement, as well as any other
    applicable terms and conditions outlined on the Site relating to the Order. Pricing and other terms and conditions
    relating to the purchase, return, or refund of your Order may be changed at any time without notice.
    You have a legal obligation to pay for any Orders indicated to be made by you. In order to complete an Order through
    the Site, you may be required to provide certain additional information that is required to process your Order. For
    example, you will be required to provide valid payment information (e.g. a valid credit card number and expiration
    date) to facilitate payment of your Order. By completing an Order, you are agreeing to pay, in full, the prices and all
    applicable taxes and specified other fees in relation to your Order, either by credit card or other permitted payment
    method. Unless otherwise indicated, all amounts on the website are in the currency stated on the Site.
    Spirit of Math reserves the right, in its sole and absolute discretion, to change the permitted methods of payment,
    including without limitation, the credit cards and/or other types of payment options we are able to accept, at any time.
    If complete payment for your Order/Subscription is not received and verified by us, your Order/Subscription will not
    be processed. If you do not complete or improperly complete your Order/Subscription it may not be accepted or
    acknowledged.
    As Registrations and Subscriptions are electronic, there is no delivery or shipping associated with them. Once your
    Order/Subscription is verified and payment is processed, you may access your Registrations or Subscription through
    the Site using any compatible internet enabled device, such as a computer, laptop, or t ablet.
    To use the Site and the Services, you must have access to the internet. Users are responsible for obtaining and
    maintaining all devices and other equipment and software, and all internet service provider, mobile service, and other
    services needed for your access to and use of the Service and you will be responsible for all charges related to them.
  8. Returns or Refunds
    All Subscription Fees and Orders are non-refundable. We will not provide refunds or credits for any partial
    Subscription periods. If you cancel your Subscription before the end of your Subscription term in accordance with
    these Terms, you will not be refunded any portion of the Subscription Fee (or any applicable taxes). Following any
    cancellation, however, you will continue to have access to the Subscription through the end of your current billing
    period, at which point your Subscription will terminate.
  9. Our Rights regarding Orders and Subscriptions
    Without limiting the generality of any other section of this Agreement, Spirit of Math reserves the right to limit or
    refuse any Order you place with us. Further, we reserve the right to verify the validity of all Orders and/or cancel any
    Order if we find evidence of fraud, tampering and/or any other violation of the terms and conditions of this Agreement.
    We may, in our sole and absolute discretion, limit or cancel quantities purchased per person, per household or per
    Order with or without notice. These restrictions may include Orders placed by or under the same Account, the same
    credit card, and/or Orders that use the same billing and/or shipping address. We also reserve the right, in our sole and
    absolute discretion, not to allow purchases from certain addresses or geographic locations. In the event that we are
    unable to or choose not to accept an Order, you will be notified accordingly and the amount item charged in relation
    to your Order will be reduced accordingly.
    Spirit of Math also reserves the right at its sole discretion, to prohibit sales to distributors or resellers.
    All Orders are subject to verification by Spirit of Math at any time and for any reason. We reserve the right, in our
    sole and absolute discretion, to require proof of identity (in a form acceptable to Spirit of Math): (i) for the purposes
    of verifying the legitimacy of any Order and/or other information; and/or (ii) for any other reason we deem necessary,
    in our sole and absolute discretion, for the purposes of fulfilling an Order in a ccordance with our interpretation of the
    terms and conditions of this Agreement. In order to help protect you and Spirit of Math from fraudulent transactions,
    we may provide your transaction-related information to a reputable third party organization to perform an address
    verification.
  10. Promotions
    At any time, Spirit of Math may make promotional offers on certain products, services, days, or portions of any day.
    We may also offer contests or sweepstakes in association with the Services. Spirit of Math may make such promotional
    offers to all users, or any subset of them, in its sole and absolute discretion. These Terms shall apply to such offers,
    along with any additional terms and conditions, rules and eligibility criteria that accompany the offer, unless you are
    notified otherwise.
  11. Errors
    Without limiting any other provision(s) of this Agreement, you acknowledge and agree that Spirit of Math has no
    obligation whatsoever under this Agreement or otherwise to correct any defects or errors in the Site of Services, or
    any component of a Services (including, without limitation, the Content), regardless of whether you inform Spirit of
    Math of such defects or errors or Spirit of Math otherwise is, or becomes aware of, such defects or errors.
  12. Code of Conduct
    Certain features and/or portions of this Site may (or may in the future) permit you to upload, post or otherwise transmit
    content tha t you ha ve crea ted (the “User Content”).
    a. You hereby agree that you shall not use the Site to upload, post, communicate or otherwise submit or
    transmit through, or to, the Site any User Content that:
    i. may, in the sole and absolute discretion of Spirit of Math, degrade, disparage, tarnish or deprecate
    Spirit of Math and/or the public image or standing in the community of Spirit of Math provided
    it is understood that this shall not be interpreted to prohibit you from expressing your true and
    honest experience with Spirit of Math or its services or products in a manner prohibited under
    applicable law;
    ii. is deemed, in the sole and absolute discretion of Spirit of Math, to be defamatory, trade libelous,
    pornographic or obscene;
    iii. is deemed, in the sole and absolute discretion of Spirit of Math, to contain, depict, include, discuss
    or involve, without limitation, any of the following: nudity; alcohol/drug consumption or
    smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive
    language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or
    other groups; content that endorses, condones and/or discusses any illegal, inappropriate or risky
    behaviour or conduct; personal information of individuals, including, without limitation, names,
    telephone numbers and addresses (physical or electronic); commercial messages, comparisons or
    solicitations for products or services other than products of Spirit of Math; any identifiable third
    party products, trade-marks, brands and/or logos, other than those of Spirit of Math; conduct or
    other activities in violation of these Terms of Use; and/or any other content that is or could be
    considered inappropriate, unsuitable or offensive, all as determined by Spirit of Math in its sole
    and absolute discretion;
    iv. contains any reference to or likeness of any identifiable third parties, unless consent has been
    obtained from each such individual and his/her parent/legal guardian if he/she is under the age of
    majority in his/her jurisdiction of residence;
    v. infringes, or might infringe, the intellectual property rights, privacy rights, rights of publicity, or
    other proprietary rights of others or give rise to any claims for payment whatsoever;
    vi. contains any viruses, trojan horses, time bombs, or any other computer code, files or programs
    designed to interrupt, destroy or limit the functionality of any computer softwa re or hardware or
    telecommunications equipment; and/or
    vii. contains (in any format or media) any music, logos, trade-marks or other copyrighted materials
    (e.g. photographs, pictures, texts, lyrics, etc.) unless you have first obtained consent from the
    owner of such materials.
    b. You hereby agree that you shall not use the Site or the Services to:
    i. disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain
    unauthorized access to any portion of the Site or Services;
    ii. use, copy, modify, download or transfer the Site or Services or any component of the Site or
    Services (including, without limitation, the Content), in whole or in part, except as expressly
    provided in this Agreement;
    iii. (i) reverse engineer, disassemble, decompile, or translate the Site or Services or any component
    of the Site or Services (including, without limitation, the Content); (ii) attempt to derive the source
    code of the Site or Services or any component of the Site or Services (including, without
    limitation, the Content); (iii) create any derivative work from the Site or Services or any
    component of the Site or Services (including, without limitation, the Content); and/or (iv)
    authorize or assist any third party to do any of the foregoing;
    iv. rent, lease, loan, resell, or otherwise distribute the Site or Services or any component of the Site
    or Services (including, without limitation, the Content);
    v. remove or alter any proprietary notice or legend regarding Spirit of Math’s, or a ny third pa rty’s,
    proprietary rights in the Site or Services or any component of the Site or Services (including,
    without limitation, the Content);
    vi. remove, circumvent or disable any rights management or protection tools we use on the site or in
    respect of any Content;
    vii. use the Site or Services or any component of the Site or Services (including, without limitation,
    the Content) except in accordance with the terms of this Agreement and all applicable laws and
    regulations;
    viii. collect information about others without their consent; and/or
    ix. upload, post, email, transmit or otherwise make available any content that you do not have the
    right to disclose or make available.
    c. Further, you hereby agree that you shall not engage in prohibited or unauthorized use of the Site or
    Services, or of Spirit of Math systems, including, but not limited to, unauthorized entry into the systems,
    misuse of passwords, or misuse of any information on the Site or Services.
  13. License Granted by Site Users to Spirit of Math
    Certain features and/or portions of this Site permit you to upload, post or otherwise transmit User Content. By using
    any such features and/or portions and providing User Content, you (and your parent or legal guardian on your behalf,
    if you are under the age of majority in your jurisdiction of residence) are giving Spirit of Math permission to forever
    use any User Content you submit on or through the Site.
    By using the Site and providing User Content, you (and your parent or legal guardian on your behalf, if you are under
    the age of majority in your jurisdiction of residence) hereby: (i) grant to Spirit of Math a world-wide, perpetual,
    irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to copy, reproduce,
    adapt, transmit, edit, modify, or otherwise use, publicly display, distribute, translate and create compilations and
    derivative works from, any and all User Content (in any format or media) that you post on, upload or otherwise submit
    to or through, the Site; and (ii) waive all moral rights in and to all User Content that you post on, upload or otherwise
    submit to or through, the Site in favour of Spirit of Math. For greater certainty, this means that, among other things,
    Spirit of Math has the right to use any and all ideas you submit (including ideas about our products, services,
    publications or advertising campaigns) in any manner that we choose, without any notice or obligation to you
    whatsoever.
    Without limiting the generality of the foregoing, you (and your parent or legal guardian on your behalf, if you are
    under the age of majority in your jurisdiction of residence) hereby grant to each user of the Site a world-wide,
    perpetual, irrevocable, royalty-free, non-exclusive license to share any and all User Content (in any format or media)
    that you post on, upload or otherwise submit to or through, the Site via any share functionality that may be available
    on the Site.
  14. User Waivers and Representations
    By using the Site and providing User Content, you (and your parent or legal guardian on your behalf, if you are under
    the age of majority in your jurisdiction of residence) hereby acknowledge, agree, warrant and represent to Spirit of
    Math that any and all User Content (in any format or media) you post on, upload to or otherwise submit to or through,
    the Site:
    a. is original to you and that you have obtained all necessary rights in and to the User Content and all of its
    components (if applicable) to post, upload, or otherwise submit it to or through the Site; and
    b. does not violate any law; and
    c. complies with these Terms of Use.
    Without limiting the generality of the foregoing, you (and your parent or legal guardian on your behalf, if you are
    under the age of majority in your jurisdiction of residence) also hereby acknowledge, agree, warrant and represent to
    Spirit of Math that:
    a. you shall be responsible for all acts or transactions that occur under your Account, including, without
    limitation, for ensuring the accuracy, reliability or completeness of any and all User Content you upload,
    post or otherwise transmit to or through the Site;
    b. we cannot (nor are we required to) guarantee the accuracy, reliability or completeness of any User
    Content; and
    c. we do not generally screen or edit User Content, but that we reserve the right, in our sole and absolute
    discretion and at any time, although we are under no legal obligation to do so, to monitor, edit or
    otherwise remove, without any notice and without obligation or incurring any liability, any User Content
    (or any portion of any User Content) on the Site.
  15. Indemnification by User
    By using the Site, you (and your parent or legal guardian on your behalf, if you are under the age of majority in your
    jurisdiction of residence) hereby agree to indemnify, defend and hold harmless Spirit of Math, and each of its
    respective agents, employees, directors, successors, a nd a ssigns (collectively, the “Releasees”) from any loss, liability,
    claim, demand, damage or expense asserted by any entity relating in any way to your use of the Site, User Content,
    and/or breach of these Terms of Use, including, without limitation, any and all claims based on publicity rights,
    defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other cause of action.
  16. Notice of Infringing Content
    If you are a copyright or trade-mark owner, authorized to act on behalf of one, or authorized to act under any exclusive
    right under copyright or trade-mark, or any other intellectual property law, you agree to promptly report any alleged
    copyright, or trade-mark or other infringements taking place on or through a Website by providing a written notice
    with the following information:
    • Identification of the copyrighted work, or trade-mark or other right that you claim has been infringed;
    • Identification of the allegedly infringing content, and information reasonably sufficient to permit Spirit of
    Math to locate it;
    • A statement by you that you have a good faith belief that the use of the content identified in your notice in
    the manner compla ined of is not authorized by the copyright/trade-mark owner, its agent, or the applicable
    law;
    • A statement by you that you attest that the information in your notice is accurate and that you are the
    copyright/trade-mark owner or otherwise authorized to act on the owner’s behalf; and
    • Your physical or electronic signature, together with your contact information (address, telephone number
    and, if available, email address).
    Deliver the notice to us at the following address:
    1446 Don Mills Rd. Unit 101
    Toronto, Ontario
    M3B 3N3
    Canada
  17. Disclaimer and Limitation of Liability
    TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, THE SERVICES AND ALL INFORMATION
    CONTAINED ON OR ACCESSED FROM THE SERVICES IS PROVIDED ON AN “AS IS” AND “AS
    AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF
    ANY KIND, WHETHER EXPRESS OR IMPLIED. ALL CONDITIONS, REPRESENTATIONS AND
    WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY
    DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
    WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE RELEASEES MAKE NO
    REPRESENTATION OR WARRANTY THAT: (I) THE SERVICES WILL BE COMPATIBLE WITH YOUR
    COMPUTER AND SOFTWARE; (II) THE SERVICES WILL BE AVAILABLE OR WILL FUNCTION WITHOUT
    INTERRUPTION OR ERROR; (III ) THE USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE
    BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN
    HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE
    TRANSMISSION OF INFORMATION TO AND FROM THE SERVICES WILL BE SECURE; (V) THE USE OF
    THE SERVICES WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION,
    INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (VI) THE USE OF THE SERVICES WILL NOT
    CAUSE ANY DAMAGE TO YOUR COMPUTER SYSTEMS, SOFTWARE OR ELECTRONIC FILES.
    COMMENTS OR OPINIONS EXPRESSED ON THE SERVICES ARE THOSE OF THEIR RESPECTIVE USERS
    ONLY. THE VIEWS EXPRESSED ON THE SERVICES AND IN USER CONTENT DO NOT NECESSARILY
    REPRESENT OR REFLECT THE VIEWS OF SPIRIT OF MATH. THE RELEASEES ARE NOT RESPONSIBLE
    FOR, AND DISCLAIM ALL LIABILITY IN RELATION TO, THE USER CONTENT POSTED, UPLOADED OR
    OTHERWISE SUBMITTED TO OR THROUGH THE SERVICES.
    ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SITE ARE OFFERED IN JURISDICTIONS
    WHERE THEY MAY BE LEGALLY OFFERED. THE INFORMATION ON THE SERVICES IS NOT AN OFFER
    OR SOLICITATION BY ANYONE IN ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR
    SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO
    MAKE A SOLICITATION.
    THE RELEASEES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER
    PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR
    RELATING TO THE SERVICES. YOU EXPRESSLY ACKNOWLEDGE THAT SPIRIT OF MATH HAS
    ENTERED INTO THIS AGREEMENT WITH YOU (OR, WITH YOUR PARENT/LEGAL GUARDIAN ON
    YOUR BEHALF IF YOU ARE UNDER THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE)
    AND MAKES THE SERVICES AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND
    EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME
    FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU (OR, YOUR PARENT/LEGAL
    GUARDIAN ON YOUR BEHALF IF YOU ARE UNDER THE AGE OF MAJORITY IN YOUR JURISDICTION
    OF RESIDENCE) AND SPIRIT OF MATH. YOU (AND YOUR PARENT/LEGAL GUARDIAN ON YOUR
    BEHALF IF YOU ARE UNDER THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE)
    EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE
    DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A
    FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE
    FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.
  18. Electronic Transmissions
    The transmission of data or information over the internet or other forms of networks may not be secure, and is subject
    to possible loss, interception or alteration while in transit. The Releasees do not assume any liability for any damage
    you may experience or costs you may incur as a result of any electronic transmissions over the internet or otherwise
    within the Services, such as transmissions involving the exchange of electronic messages of any kind (including those
    which may contain your personal information). Subject to applicable law and our Privacy Policy, in no event will the
    information you provide on or through the Services, other than Personal Information, be deemed to be confidential,
    create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such
    information is inadvertently released by us or accessed by third parties without your consent. While every effort is
    made to ensure that all software provided on the Site is suitable for use on a wide variety of computer systems, you
    should take reasonable and appropriate precautions to scan for computer viruses, and ensure compatibility o f the
    software with your specific computer system. You should ensure that you have a complete and current backup of the
    information contained on your computer system prior to installing any such software.
  19. Privacy
    Without limiting the generality of these Terms, your use of the Services is also subject to the terms of our Privacy
    Policy. If you provide us with the personal information of a third person, for example, if you are a teacher
    providing the information of a parent or student, you must have the permi ssion of that person, and their
    parent/legal guardian if they are a minor, to do so. Please carefully review our Privacy Policy. By using the
    Services, you (and your parent or legal guardian on your behalf, if you are under the age of majority in your jurisdiction
    of residence) signify that you have read, fully understand and agree to our Privacy Policy.
  20. Accuracy and Changes
    Facts and information provided by Spirit of Math on the Site are believed to be accurate when placed on the Site.
    Changes may be made at any time to the information at this Site without prior notice. Please consult Spirit of Math
    for complete and up-to-date information on products and services.
  21. Governing Law and Jurisdiction
    These Terms, and all related matters shall be governed solely by the laws of the Province of Ontario, Canada and the
    applicable federal laws of Canada, without regard to the conflicts of law provisions of any jurisdiction. You (and your
    parent or legal guardian on your behalf, if you are under the age of majority in your jurisdiction of residence) hereby
    irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario in the City of Toronto in
    relation to all disputes arising from or related to this Agreement, and any related matters.
    The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
  22. Links
    This Services may contain links to the websites of our subsidiaries and affiliates, and to websites that are independently
    owned and operated by third parties. These other websites may have their own privacy policies and terms and
    conditions that are not governed by these Terms. We are not responsible for the privacy practices or the content of
    any website(s) owned and operated by any such subsidiaries, affiliates or third parties. Other websites may collect and
    treat information collected differently, so we encourage you to carefully read and review the privacy policy for each
    website you visit. Any links from the Services to other websites, or references to products, services or publications
    other than those of Spirit of Math, do not imply the endorsement or approval of such websites, products, services or
    publications by Spirit of Math.
  23. AMENDMENT
    Subject to applicable law, we reserve the right, in our sole and absolute discretion, to modify all or any portion of this
    Agreement, at any time without incurring any liability or obligation whatsoever to you or any other person or entity.
    Without limiting the foregoing, we may amend the Subscription Fees and any other charges associated with the
    Services, now or in the future, and reserve the right to charge for Services that are currently offered without cost . If
    we do this, we will post the changes to this Agreement at least thirty (30) days before the amendment comes into
    effect, and will indicate at the top of this page the date this Agreement was last revised. In addition, if you have
    registered for an Account, where required by law or at our discretion, we will provide you notice using email and/or
    your mailing address, or any other contact information we have for you in our disc retion. As required by law, or at
    our discretion, the notice will set out the new clause, or the amended clause and how it read formerly, and the date on
    which the change will come into effect. You may refuse the amendment and cancel this Agreement and the Services,
    by sending us notice to that effect before the amendment comes into force, using the information in the notice. To the
    fullest extent permitted by applicable law, your continued access to and/or use of any Services after the date specified
    in such notice constitutes your full acceptance of, and agreement to be legally bound by, the terms of this Agreement,
    as revised.
    You hereby acknowledge and agree that we reserve the right at any time to modify or discontinue the whole, or any
    part of, the Site or Services, without notice, and that we will not be responsible or liable, directly or indirectly, to you
    or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or
    discontinuance.
  24. Termination
    If you breach any provision of these Terms or Priva cy Policy you may no longer use the Services. We may, in our
    sole discretion, change, suspend or terminate, temporarily or permanently, the Services or any part thereof or any of
    its features at any time, for any reason, without any notice or liability to you or any other entity. If these Terms or your
    permission to use the Services is terminated by us for any reason, the Agreement formed by your (or, your pa rent’s or
    lega l gua rdia n’s on your beha lf, if you a re under the a ge of ma jority in your jurisdiction of residence) acceptance of
    these Terms will nevertheless continue to apply and be binding upon you in respect of your prior use of the Services
    and anything relating to or arising from such use. If you are dissatisfied with the Services or with these Terms or our
    Privacy Policy, then your sole and exclusive remedy is to discontinue using the Services. The Disclaimer and
    Limitation of Liability, Intellectual Property and Indemnity provisions in this Agreement shall survive any termination
    of this Agreement.
  25. General
    If any provision of these Terms is held invalid or unenforceable by any court having competent jurisdiction, such
    provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms
    shall continue in full force and effect. No failure to exercise or waiver of any provision of these Terms shall be deemed
    a further or continuing waiver of such provision or any other provision of these Terms.
    As permitted by applicable law, when you communicate with us electronically, such as via email and text me ssage,
    you consent to receive communications from us electronically. Please note that we are not obligated to respond to
    inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we
    provide to you electronically satisfy any legal requirement that such communications be in writing.
    You are responsible for obtaining and maintaining all devices and other equipment and software, and all internet
    service provider, mobile service, and other services needed for your access to and use of the Services and you will be
    responsible for all charges related to them.
    Spirit of Math may assign its rights and obligations under these Terms, in whole or in part, to any party at any time
    without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them,
    without the prior written consent of an officer of Spirit of Math.
    These Terms are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign
    this Agreement to any other party without our prior written consent, which consent may be withheld in our sole and
    absolute discretion.
  26. Contact Us
    Questions? If you have any questions or concerns regarding our Site, Services, or the terms and conditions of this
    Agreement, you can contact us at:
    1446 Don Mills Rd. Unit 101
    Toronto, Ontario
    M3B 3N3
    Canada
    1-416-223-1985
    info@spiritofmath.com
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