If you are having trouble accessing this term of use agreement or the site, please contact us during business hours via firstname.lastname@example.org
Welcome to Math-Knots.com, the service for parents to help prepare their children for governor school admissions, Advanced academics placement, Grade level practice assessments,
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. FOR EXAMPLE, THE ARBITRATION SECTION BELOW CONTAINS AN ARBITRATION AGREEMENT AND WAIVER OF CLASS ACTION WHICH STATES THAT THE PARTIES MUST ARBITRATE INSTEAD OF GOING TO A COURT BEFORE A JUDGE AND JURY AND THAT ALL SUCH ARBITRATION CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE OR MEMBER OR OTHERWISE ON BEHALF OF OTHERS IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING.
Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the website/s and the service/s. This Agreement may be modified by math-knots.com from time to time, such modifications to be effective upon posting by math-knots.com and/or a4ace.com on the website/s. By accessing and/or using the Website or becoming a Member, you accept this Agreement and agree to the terms, conditions, and notices contained or referenced herein.
Access and Retention:
Account Security. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to
To the greatest extent permitted by law, the content and functionality on the Website and the services provided by employees of the Website are offered “as is” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Math-Knots.com makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Website content or that the functionality of the Website will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of this Website and the Service is at your sole risk. TO THE GREATEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL MATH-KNOTS.COM, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS, AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, EVEN IF MATH-KNOTS.COM HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL MATH-KNOTS.COM HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, WEBSITE OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COPYRIGHT INFRINGEMENT, WORK STOPPAGE, EQUIPMENT FAILURE OR MALFUNCTION, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER DAMAGES OR LOSSES, EVEN IF MATH-KNOTS.COM AND/OR A4ACE.COM HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.
In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of www.math-knots.com and/or www.a4ace.com and sole remedy available to any Member in any case in any way arising out of or relating to the agreement, website/s or the service/s shall be limited to monetary damages that in the aggregate may not exceed greater than $100.00 or the sum of any amount paid by the Member ( whichever is least) which or user to www.math-knots.com and/or www.a4ace.com during the two months prior to notice to www.math-knots.com and www.a4ace.com of the dispute for which the remedy is sought.
Limitation on Time to File Claims: ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE WEBSITE MUST BE COMMENCED WITHIN 3 months AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
(a) Proprietary Rights. Math-Knots.com retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Math-Knots.com, and its licensors. Except where we have given your express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. All content on Math-Knots.com is proprietary. The Content (as defined below) is the copyrighted material of Math-Knots.com and for Math-Knots.com Members’ use only. Distribution of Content to others is strictly prohibited. You agree that Math-Knots.com would be irreparably harmed by any violation or threatened violation of this section and that, therefore, Math-Knots.com shall be entitled to an injunction prohibiting you from any violation or threatened violation of this section, without posting bond, in addition to any other right or remedy it may have. To develop materials used in these practice questions, the employees of Math-Knots.com relied on readily available public -Lennon School Ability Test® (OLSAT®), Bracken™ (BSRA™), Cognitive Abilities Test® (CogAT®), NNAT®/Naglieri®, IAAT, SCAT, PSAT, Quant Q are trademarks of their respective publishers or their affiliate(s), or their licensors (“Publishers”). The Publishers of these tests have not approved the material in these practice questions. The concepts and activities in these practice questions are based upon public knowledge and publicly available information and are in no way identical to questions and activities on the actual tests. Math-Knots.com is not affiliated with nor related to the respective Publishers of these tests. The Publishers do not sponsor or endorse any Math-Knots.com product, nor have Math-Knots.com products or services been reviewed, certified, or approved by the Publishers. Trademarks referring to specific test providers are used by Math-Knots.com for nominative purposes only and such trademarks are solely the property of their respective owners.
(a) As a general policy www.math-knots.com and/or www.a4ace.com bills you through an online account (your “Billing Account”) for use of the Service. You agree to pay Math-Knots LLC (www.math-knots.com and/or www.a4ace.com) all charges at the price/s then in effect for any use of the service/s by you using your Billing Account, and you authorize Math-Knots LLC to charge your chosen payment provider (your “Payment Method”) for the Service. You agree to make payment using that selected payment Method. www.math-knots.com and/or www.a4ace.com reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
(b) Billing. Our subscription plans to the service/s consist of one-time payment, for which there is a one-time charge. All payments made are final. Contact Math-Knots.com at help@Math-Knots.com to renew your subscription at any time, log onto www.math-knots.com and/or www.a4ace.com with your username and password, click the “My Account” tab at the top of the homepage, and follow the prompts to renew.
(c)Active account Required:
You must keep your account, complete and accurate all the times for billing as well as communication purposes in situations as needed. Always make sure the accuracy of the information such as billing address, credit/debit card number, expiration date, email is up to date and you must notify math-knots LLC (www.math-knots.com and/or www.a4ace.com) for any changes such as payment method being canceled but not limited. You are liable to notify math-knots LLC (www.math-knots.com and/or www.a4ace.com) in case of a theft or stolen card or unauthorized disclosure or use of your account credentials. You can always modify and keep them up to date through your account settings
(d) Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other providers of your chosen payment method. Currently, MATH-KNOTS LLC (www.math-knots.com and/or www.a4ace.com) is accepting all its payments through a secured gateway of PayPal services.
We are not liable for any personal information shared to PayPal for the subscription payment processing to us (www.math-knots.com and/or www.a4ace.com)
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. USE OR ACCESSING THE WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THIS ARBITRATION PROVISION.
Except where prohibited by law, as a condition of using the Website/s and/or Service/s, you agree that any and all disputes, claims and causes of action (collectively, “Claim”) arising out of or connected with the Website/s and/or Service/s, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration (except for matters that may be taken to small claims court), for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof.
The party filing arbitration must submit Claims at a place agreed upon by Math-Knots LLC, and the arbitrator shall apply Virginia law consistent with the Federal Arbitration Act. You may obtain copies of the current rules and forms and instructions for initiating arbitration by contacting the American Arbitration Association at www.adr.org. Such arbitration shall be held in accordance with the Rules for Expedited Procedures under the Commercial Arbitration Rules of the American Arbitration Association, before a single arbitrator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement), selected by agreement of both parties or by an independent mediator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement) if the parties are unable to agree. The parties shall split the arbitration and/or mediator costs. The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with this Agreement, in which case this Agreement will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your account information and other confidential information if requested to do so by you or us. The arbitrator’s award is final and binding on the parties. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of Virginia. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of Virginia.
We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is determined by the court to be outside its jurisdiction, the parties agree that the dispute shall then be submitted to arbitration.
AS NOTED ABOVE, YOU AND MATH-KNOTS.COM HEREBY VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT EITHER MAY HAVE TO A JURY TRIAL.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE WEBSITE MUST BE COMMENCED WITHIN 3 months AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Pursuant to Title 17, United States Code, Section 512(c)(2) or for any other claim of copyright infringement, you hereby agree that notifications of claimed copyright infringement be sent by certified mail to:
Legal Department, Math-Knots LLC,6832 Piedmont Center Plaza, Gainesville, Virginia-20155
If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to Math-Knots.com at the address shown above, giving a written statement that contains:
Math-Knots LLC (www.math-knots.com and/or www.a4ace.com) will process any notice of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) 17 U.S.C. 512(c)(3) or other applicable copyright law. U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.
Without limiting the foregoing, if you provide access to or share or disclose the Content or your login credentials to your Website account with any third party in violation of this Agreement, you agree that:
(i) You will be responsible for any and all acts and omissions of such third party in connection with their access to or use of the Content, Website/s, and/or Service/s, including their compliance with this Agreement, and any breach of this Agreement by such third party shall be deemed a breach by you;
(ii) On behalf of yourself, and any such third party, you hereby release, indemnify, discharge, hold harmless and covenant not to sue Math-Knots LLC its subsidiaries, affiliates, officers, agents, and other partners and employees for any and all claims, liabilities, suits, demands, costs (including without limitation, attorneys’ fees), expenses and causes of action of any kind whatsoever arising from or in connection with the third party’s use of the Content, Website/s, and/or the Service/s.
Please contact us with any questions regarding this agreement. Math-Knots is a trademark of Math-Knots L.L.C. (www.math-knots.com and/or www.a4ace.com)
Cancel your Math-Knots.com membership any time to avoid future charges. If you cancel, you will continue to have access to Math-Knots.com through the period of your paid membership.
For your convenience, when you purchase a subscription, we take your payment information so that your Math-Knots LLC (www.math-knots.com and/or www.a4ace.com) membership will not be interrupted.
As a gentle reminder, we auto-renew your membership at the level you selected.