Terms of Use

Terms of Use

Acceptance of Terms of Use

Please read these Terms of Use carefully. These Terms of Use govern your access and use of the math-ops.com website, hereafter referred to as the “Site” as well as the provision and sale of products by MATH-OPS INC. and/or its affiliates. By accessing or using this Site and its related software tools, applications or any other MATH-OPS INC. products, you agree to be bound by these Terms of Use and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference, into these Terms of Use.

If your use of this Site is on behalf of any business, organization, or other entity of any kind, you represent and warrant that you are authorized to accept these Terms of Use on its behalf and to bind such business, organization, or entity to these Terms of Use. Every offer of a MATH-OPS INC. product on our Site as well as every transaction, order and agreement that is concluded through our Site is governed by our Terms. The applicability of any terms and conditions of the customer or any third party on behalf of the customer is expressly dismissed and shall not apply, even if MATH-OPS INC. has not specifically rejected them.

MATH-OPS INC. reserves the right to make changes to this Site and to these Terms of Use at any time without prior notice. You should review these Terms of Use each time you access this Site. You also agree that we may provide all legal communications and notices to you electronically by posting them on our website. You may withdraw your consent to receive communications from us electronically by contacting customer care.

Copyrighted materials for Limited Use

This Site contains graphics, photographs, images, document layouts, artwork, text, fonts, software tools, and other information (referred to herein as “Content”). This Site and all Content are the copyrighted property of Clyde Pestano “the inventor” of Math Ops. All rights in this Site and its Content are reserved worldwide.

It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms of Use. MATH-OPS INC. reserves the right to add to, delete from, or modify any part of Content at any time without prior notice. Any modifications to Content, remain the property of MATH-OPS INC. and its licensors.

Use of Site

You are granted permission to access and use this Site and its Content for the sole purpose of evaluating and ordering products solely through MATH-OPS INC. No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted. Obtaining Products from MATH-OPS INC. does not entitle you to use any portion of Content apart from the finished Products as they are supplied by MATH-OPS INC.

You agree to use this Site in a responsible manner that is in full compliance with these Terms of Use and with your local laws and regulations, including export and import regulations. Without limitation, no portion of Content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person’s right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity.

You agree that you will not use the Site to produce Products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable. MATH-OPS INC. reserves the right, in MATH-OPS INC.’S sole discretion, to refuse to accept any order by you to MATH-OPS INC. or to process any order at any time and for any reason.

MATH-OPS INC. also may refuse to accept the orders of customers found to be using MATH-OPS INC. to engage in undesirable activities or otherwise violating these Terms of Use. You agree that MATH-OPS INC. shall have no liability of any kind to you or to any third party arising from such refusal or termination.

By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorize MATH-OPS INC. to supply the Product(s) on your behalf.

Transfer of Title

The customer agrees that the risk of loss for any Product pass to you upon our delivery to our carrier.

For any Product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such Product shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to the customer or (b) at the time we transmit a notification to the customer that the Product is available for downloading from the Site.

Indemnification

You agree that you shall indemnify MATH-OPS INC. and all parties from whom MATH-OPS INC. has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms of Use or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material that was not part of the standard Site Content. As to clause (ii), you agree that we have the right to control the defense of any such suit, claim or demand.

Disclaimer of Warranty

THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. WHILE WE MAKE REASONABLE EFFORTS TO ACCURATELY DISPLAY THE ATTRIBUTES OF PRODUCTS, WE DO NOT WARRANT THAT PRODUCT DESCRIPTIONS ARE ACCURATE, RELIABLE AND ERROR-FREE.

Limitation of Liability

IN NO EVENT SHALL MATH-OPS INC. OR ITS LICENSORS, SUPPLIERS, OR VENDORS, OR THE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY OF THEM, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT MATH-OPS INC. HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR PRODUCTS SOLD THEREON, OR OF FAILURE TO PROVIDE PRODUCTS THAT YOU ORDER FROM MATH-OPS INC. OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL MATH-OPS INC. BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THIS SITE OR ITS CONTENT OR OUR SUPPLIED PRODUCTS.

Site Feedback

Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to MATH-OPS INC.in connection with the operation or content of this Site shall be provided by the submitter and received by MATH-OPS INC. on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of MATH-OPS INC.

By submitting any such information to MATH-OPS INC., you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that MATH-OPS INC. shall be free to use such information on an unrestricted basis.

Governing Law

The party you are contracting with and the seller of the products offered and sold on this Site is MATH-OPS INC. an incorporated company organized under the laws of Canada with its headquarters in Brampton, Canada.

All issues related to the protection, infringement, or misuse of copyrighted materials shall be governed by the copyright laws of the United States of America. All other matters relating to your access to or use of this Site shall be governed by the laws of Canada.

Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in Toronto, Canada. You agree to submit to the jurisdiction of courts sitting in Toronto, Canada and agree that venue in these courts, is proper in any such legal action or proceeding. You also agree that you are not to assert in any legal action or proceeding involving MATH-OPS INC. that a court sitting in Toronto is an inconvenient forum for such legal action or proceeding.