Terms of Use

Whizz Education Terms of Use

The following are terms of a legal agreement (“Agreement”) between you and Whizz Education Inc. (“Whizz”). By accessing, browsing and/or otherwise using this website (“Site”), you acknowledge that you have read, understood and agreed to be bound by these terms and conditions, and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to all of these terms and conditions, you may not access, browse and/or use this Site. The material provided on this Site is protected by law, including, but not limited to, United States copyright law and international treaties.

Introduction

These terms of access apply to your access to and use of this Site and do not alter in any way the terms and conditions of any other agreement you may have with Whizz for products, software, services or otherwise, unless otherwise expressly indicated.

If you breach any of these terms and conditions, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials and discontinue use of any hyperlinks to this Site. 

Your use of this Site is also subject to the Math-Whizz Privacy Policy (the “Privacy Policy”), which may be found here.

If you are a parent or legal guardian, use of either or both the Math-Whizz subscription services (the “Services,” which are a part of the Site) by you or a student registered by you is subject to this Agreement and the Privacy Policy, as well as the terms of the Math-Whizz Subscription Agreement (the “Subscription Agreement”), which may be found here.

You may not use the Services unless you have read and accepted the license and other terms set forth in the Subscription Agreement.

If you are a school, use of either or both the Math-Whizz services for schools (Tutoring Plus for Schools and Teachers’ Resource Online for Schools, also referred to as the “Services”) by all Permitted Users as defined in the Access Agreements for those services (the “Access Agreements”) is also subject to this Agreement and the Privacy Policy as well as the terms of the Access Agreements.

In the case of all users, if you permit a minor to access the Site, you agree to ensure that the use of the Site by the minor is in accordance with this Agreement and you acknowledge and agree that such use is subject to the Privacy Policy. Further, if you permit a minor access to the Services, you agree to ensure that the use of the Site by the minor is in accordance with the Subscription Agreement or the Access Agreements as the case may be.

This Agreement was last revised on 13th October, 2009.

Warranty Disclaimer

This Site, including the Services and all software, functions, materials, and information, is provided “as is” without warranties of any kind, either express or implied. Whizz disclaims all warranties, express or implied, including, but not limited to, warranties of quiet enjoyment and non-infringement and any implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, quiet enjoyment, data accuracy, system integration, and informational content. Whizz does not and cannot guarantee or warrant that files or materials available for downloading from this Site, if any, will be free from infection, viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties. Whizz does not warrant that this Site, the Services, or any associated software, materials, or products will be uninterrupted or error-free or that any defects in this Site, the Services, or any associated software, materials, or products will be corrected.

Some states do not allow the exclusion of certain warranties or conditions, so some of the above may not apply to you.

Use Restrictions

Copyright. All Site materials, including, without limitation, text, pictures, graphics and other files and the selection and arrangement thereof are copyrighted materials of Whizz or third parties. Permission is granted to display, copy, and download the materials on this Site for personal, noncommercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You may not, however, distribute, copy, reproduce, display, republish, download, or transmit any material on this Site for commercial use without prior written approval of Whizz. You may not “mirror” any material contained on this Site on any other server without prior written permission from Whizz. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

Trademarks. The trademarks, service marks, trade names, and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered trademarks, in the United States and/or other countries, belonging to Whizz or their respective owners. In addition, all page headers, custom graphics, button icons, and scripts are Trademarks of Whizz or third parties, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Whizz. You acknowledge that the Trademarks used and displayed on this Site are and shall remain the sole property of Whizz or the Trademark owner. Nothing in this Agreement shall confer any right of ownership of any of the Trademarks in you. Further, nothing in this Site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark used or displayed on the Site, without the express written permission of Whizz or the Trademark owner. The misuse of the trademarks displayed on this Site, or any other content on the Site, is prohibited.

Hyperlinks. You are granted a limited, nonexclusive right to create a “hypertext” link to this Site provided that such link is to the entry page of this Site and does not portray Whizz or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use framing techniques to enclose any Whizz trademark, logo or trade name or other proprietary information including the images found at the Site, the content of any text or the layout or design of any page or any form contained on a page without Whizz’s express written consent. Links to third-party sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. Whizz has not reviewed all of these third-party sites and does not control and is not responsible for any of these sites, their content or their policies, including, without limitation, privacy policies or lack thereof. Whizz does not endorse or make any representations about third-party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party sites linked to this Site, you do so entirely at your own risk. You acknowledge and agree that Whizz shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third-party sites.

Limited Access. Except as expressly permitted by Whizz, any access or attempt to access non-public or subscription areas of the Site or Whizz computer system or other information contained on the system for any purposes is strictly prohibited. Access to subscription areas requires that you first agree to the Subscription Agreement. You agree that you will not (i) use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on the Site or the content contained therein without Whizz’s express written permission, (ii) spam or send unsolicited email to any other user of the Site for any reason, (iii) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site, or (iv) take any action that imposes an unreasonable or disproportionately large load on Whizz’s infrastructure.

Limitation of Liability

In no event will Whizz, its suppliers or other third parties mentioned at or in this Site be liable for any indirect, special, incidental, or consequential damages, damages resulting from lost profits, lost data or business interruption, damages arising out of, resulting from or relating to the use or inability to use this Site, any websites linked to this Site, either or both of the Services, the materials, software or other information contained in any or all such sites or the Services, whether based on warranty, contract, statutes, regulations, tort (including but not limited to, negligence) or any other legal theory and whether or not advised of the possibility of such damages.

In no event will Whizz, its suppliers or other third parties mentioned at or in this Site be liable to you for any amounts aggregating in excess of the amount paid by you to Whizz for any service provided by Whizz through this Site in the six month period before the claim arises.

Some states do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you.

U.S. Government Restricted Rights

Whizz may revise this Agreement at any time without advance notice by updating this posting. We will post any changes on this page, and each version of this Agreement will be identified by its revision date above. By using this Site you agree to be bound by any such revisions and should therefore periodically visit this Site and page to determine the then-current terms and conditions of use to which you are bound.

Revisions To This Agreement

Whizz may revise this Agreement at any time without advance notice by updating this posting. We will post any changes on this page, and each version of this Agreement will be identified by its revision date above. By using this Site you agree to be bound by any such revisions and should therefore periodically visit this Site and page to determine the then-current terms and conditions of use to which you are bound.

Applicable Law and Venue; Miscellaneous

This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, without regard to the conflict of laws provisions thereof. You irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts located in King County, Washington for any litigation, claim, controversy or dispute arising out of or relating to this Agreement and agree not to commence any litigation arising out of or relating to this Agreement except in such courts.

If any provision(s) of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Whizz’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Whizz in writing. The section titles in this Agreement are solely used for convenience and have no legal or contractual significance. This Agreement may be assigned in whole or in part by Whizz. Neither this Agreement nor any rights or obligations under this Agreement may be assigned in any manner by you without the express, prior written permission of Whizz, and any purported assignment in violation of this restriction will be void.