TERMS & CONDITIONS
LAST UPDATED AS OF: December 23, 2022
This website or application (“Website”) is owned or managed by BaruchMath, LLC or its Affiliates (“BaruchMath”). As used in the Agreement, the term “Affiliates” means, any other Person that directly or indirectly controls, is controlled by, or is under common control with BaruchMath LLC. The term “control” (including, with correlative meanings, the terms “controlled by” and “under common control with”) as applied to any Person means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of such Person, whether through the ownership of voting securities or other ownership interest. The term “Person” means any individual, partnership, corporation, limited liability company, unincorporated organization or association, any trust, or any other business entity.
BaruchMath provides this BaruchMath Website and related services for your personal non-commercial use only and subject to your compliance with this Terms of Use Agreement (the “Agreement”). Please read this Agreement carefully before using this BaruchMath Website. Your use of this BaruchMath Websites constitutes your acceptance to be bound by this Agreement without limitation, qualification or change. If at any time you do not accept all the terms and conditions of this Agreement, you must immediately discontinue use of this BaruchMath Website. This Agreement sets forth BaruchMath’s policies with respect to its operation of the BaruchMath Websites. Other policies govern BaruchMath’s non-Internet operations.
Certain products or services offered by this and/or other BaruchMath Websites (each a “BaruchMath Internet Service,” and collectively “BaruchMath Internet Services”), and certain areas within this and/or other BaruchMath Websites may be governed by additional terms (“Additional Terms”) presented in conjunction with those products or services. You must agree to those Additional Terms before using those areas or BaruchMath Internet Services. The Additional Terms and this Agreement, taken together, shall apply to your use of those areas or BaruchMath Internet Services. In the event of an irreconcilable inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control.
YOU MAY NOT USE ANY BARUCHMATH WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY BARUCHMATH WEBSITE MAY BE TERMINATED IMMEDIATELY IN BARUCHMATH’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.
By using this BaruchMath Website, you are representing and warranting that: (a) you are a legal resident of the United States; (b) you are at or above the legal age of majority in your jurisdiction of residence; (c) you own or have sufficient authorization to use the computer, mobile device, technology or other device you use to access this BaruchMath Website (collectively, “Device”); and (d) you will access and use this BaruchMath Website in accordance with this Agreement.
Some parts of this BaruchMath Website may contain adult content intended for people who are at or above the legal age of majority in their jurisdiction of residence. By viewing this adult content, you are representing that you are at or above such legal age of majority and that the content is acceptable to you. Filtering software is commercially available which can be used to exclude content that is not acceptable to you. This software may prevent the display of all or portions of the BaruchMath Website content.
MOBILE DEVICES
If permitted or available through the applicable BaruchMath Internet Service, to (a) upload content to this BaruchMath Website via your mobile device and/or tablet, (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse this BaruchMath Website from your mobile device and/or (d) to access certain features through a mobile application you have downloaded and installed on your mobile device (collectively the “Mobile Services”), you must have a mobile communications subscription (or have the consent of the applicable subscriber) with a participating carrier or otherwise have access to a mobile communications network for which BaruchMath makes the BaruchMath Internet Service available as well as any carrier services necessary to download content, and pay any service fees associated with any such access (including text messaging charges for each text message you send and receive on your mobile device). In addition, you must provide all equipment and software necessary to connect to the BaruchMath Internet Service, including, but not limited to, if this BaruchMath Website contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the BaruchMath Internet Service and to use any part of that Service. You are responsible for ensuring that your equipment and/or software does not disturb or interfere with BaruchMath’s or this BaruchMath Website’s operations or the BaruchMath Internet Service. Any equipment or software causing interference will be immediately disconnected from the BaruchMath Internet Service and BaruchMath will have the right to immediately terminate this Agreement. If any upgrade in or to the BaruchMath Internet Service requires changes in your equipment or software (including the operating system for your Device), you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current BaruchMath Internet Service, including the release of new products and services, will be subject to the terms and conditions of this Agreement. You agree to follow and comply with any applicable laws in your use of the BaruchMath Internet Service.
CHANGES TO THIS AGREEMENT
BaruchMath reserves the right, in its sole discretion, to modify, alter, or otherwise change this Agreement and/or the Additional Terms at any time. BaruchMath will provide notice of such change on this BaruchMath Website. Please review this Agreement and/or Additional Terms periodically for changes. Your continued use of this BaruchMath Website and/or BaruchMath Internet Service constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue use of this BaruchMath Website and/or the BaruchMath Internet Service to which the changes may apply.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
BaruchMath has developed a Privacy Statement in order to inform you of its practices with respect to the collection, use, disclosure and protection of personal information. You can find the Privacy Statement, which is incorporated into this Agreement, by CLICKING HERE, and by using this BaruchMath Website you agree to the terms of the Privacy Statement.
ACCOUNTS, SECURITY, PASSWORDS
If a particular BaruchMath Website or BaruchMath Internet Service requires you to open an account, you must complete the specified registration process by providing us with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have fully completed the registration form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify BaruchMath immediately of any unauthorized use of your account. BaruchMath is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may cancel your account by delivering notice in the manner provided in the Additional Terms governing the particular BaruchMath Internet Service.
USER CODE OF CONDUCT
In accessing and using this BaruchMath Website and/or the BaruchMath Internet Services, you agree that you will not:
- Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as “spam”), chain letters, surveys or contests, or solicit participation in any pyramid schemes (unless it is on a page that explicitly states that such postings are allowed on that page).
- Deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through this BaruchMath Website, or any postings which advocate illegal activity.
- Deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable.
- Deliver, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.
- Deliver, or provide links to, any postings containing defamatory, false or libelous material.
- Deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity.
- Deliver any posting to that you do not have a right to make available under law or contractual or fiduciary relationships.
- Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another.
- Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver.
- Deliver any posting containing personal information, such as phone numbers, social security numbers, account numbers, addresses or employer references.
- Use this BaruchMath service in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this BaruchMath Website or other users’ Devices, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment.
- Attempt to gain unauthorized access to this BaruchMath Website, any related website, other accounts, computer system, or networks connected to this BaruchMath Website, through hacking, password mining, or any other means.
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through this BaruchMath Website, including harvesting or otherwise collecting information about others such as email addresses.
FEES
Except where otherwise provided, access to and use of this BaruchMath Website and the BaruchMath Internet Services offered through it are currently available without charge. BaruchMath reserves the right to charge a fee for access to or use of this BaruchMath Website, or any BaruchMath Internet Service available on this BaruchMath Website at any time in the future. Your access to or use of this BaruchMath Website before such time does not entitle you to use of this BaruchMath Website without charge in the future. All fees and payments, once paid, are non-refundable.
DISCLAIMER OF WARRANTIES
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS BARUCHMATH WEBSITE AND/OR BARUCHMATH INTERACTIVE SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS BARUCHMATH WEBSITE OR BARUCHMATH INTERACTIVE SERVICE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. BARUCHMATH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS BARUCHMATH WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS BARUCHMATH WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BARUCHMATH DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. BARUCHMATH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS BARUCHMATH WEBSITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS BARUCHMATH WEBSITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. BARUCHMATH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS BARUCHMATH WEBSITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
BARUCHMATH IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR BARUCHMATH INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
EXCEPTIONS
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, BARUCHMATH’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATIONS ON LIABILITY
In no event shall BaruchMath, its subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available this BaruchMath Website and its contents, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of this BaruchMath Website; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on this BaruchMath Website or any information, software, products, services, and related graphics obtained through this BaruchMath Website; (vi) any transactions entered into through this BaruchMath Website; (vii) any property damage including damage to your Device or computer system caused by viruses or other harmful components, during or on account of access to or use of this BaruchMath Website or any Website to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of this BaruchMath Website and BaruchMath Internet Services. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if BaruchMath has been advised of the possibility of damages.
INDEMNIFICATION
You agree to indemnify and hold harmless BaruchMath, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement, the Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of this BaruchMath Website and any related BaruchMath Internet Service and/or software. You agree to cooperate fully with BaruchMath in asserting any available defenses in connection with a claim subject to indemnification by you under this Agreement.
MODIFICATION/TERMINATION BY BARUCHMATH
BaruchMath reserves the right, in its sole discretion, to modify, suspend, or terminate this BaruchMath Website and/or any portion thereof, including any BaruchMath Internet Service, and/or your account, password, or use of any BaruchMath Internet Service, or any portion thereof, at any time for any reason with or without notice to you.
Termination of your account for a BaruchMath Internet Service removes your authorization to use the BaruchMath Internet Service. In the event of termination, you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, BaruchMath shall not be liable to you or any third party for any termination of your access to a BaruchMath Internet Service.
LINKS
This BaruchMath Website may contain links to websites, applications or other services operated by third parties (the “Linked Websites”). BaruchMath does not monitor or control the Linked Websites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at the Linked Websites. If you choose to access any third-party Website (including any Linked Website), you do so at your own risk, and your use of that Website is subject to its own terms of use and privacy policy, which you should review. The presence of a link to a third-party Website does not constitute or imply BaruchMath’s endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the Website.
SOFTWARE AND DOWNLOADS AVAILABLE THROUGH THIS WEBSITE
Any software that is made available to access, use, view and/or download in connection with a BaruchMath Website or BaruchMath Internet Service (“Software”), including applications, podcasts, audio streaming, or video streaming, is owned or controlled by BaruchMath and/or licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is limited to private, non-commercial use and is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software. BaruchMath accepts no responsibility or liability in connection with any Software owned or controlled by third parties.
Unless otherwise specified, data, downloads, and info products from BaruchMath are not returnable and are nonrefundable after purchase.
INTERNATIONAL USE/U.S. EXPORT CONTROLS
Accessing materials on this BaruchMath Website by certain persons in certain countries may not be lawful, and BaruchMath makes no representation that materials on this BaruchMath Website are appropriate or available for use in locations outside the United States. If you choose to access this BaruchMath Website from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.
The United States controls the export of any software downloadable from this BaruchMath Website. No software or any other materials associated with this BaruchMath Website may be downloaded or otherwise exported or re-exported to countries or persons prohibited under export control laws, including but not limited to countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from a BaruchMath Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.
THIRD-PARTY MERCHANTS
This BaruchMath Website may enable you to order and receive products, information and services from businesses that are not owned or operated by BaruchMath. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. BaruchMath does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. BaruchMath will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the BaruchMath Internet Service.
ADVERTISEMENTS, SPONSORSHIPS, CO-PROMOTIONS AND OTHER PARTNERSHIPS
BaruchMath may display advertisements for the goods and services of a third party on the BaruchMath Websites, including in connection with co-promotions, sponsorships and other similar partnership arrangements. BaruchMath does not endorse or represent and is not responsible for the safety, quality, accuracy, reliability, integrity or legality of any such goods or services advertised, promoted or displayed on this BaruchMath Website.
EVENTS
You may be invited or asked to attend BaruchMath-sponsored events or events held by other members and users of this BaruchMath Website which are not in any way associated with BaruchMath at various locations throughout the United States (collectively, “Events”). Your participation in any Events is at your own risk and you agree to release and hold BaruchMath, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees harmless from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, any injury or death to you or your minor children or wards, resulting from attending the Events or participation in any activities available at the Events. You also agree that we may film and record any of the Events sponsored by BaruchMath in which you or your minor children or wards participate and you hereby agree that such films and recordings shall be owned by BaruchMath and we may use your or your minor children or wards’ name, likeness, voice, performance and other activities in which you or your minor children or wards engage for any advertising, promotional or other lawful purpose in any and all media now or hereafter known throughout the world in perpetuity without notice, approval or compensation to you or any third party.
INTERACTIVE SERVICES AND USER MATERIALS
This BaruchMath Website may offer certain BaruchMath Internet Services having interactive components such as bulletin boards, chat rooms, blogs, and forums (collectively, “BaruchMath Interactive Services”). Additional Terms may cover BaruchMath Internet Services, which appear on the pages where these services are available, in addition to the general terms provided below. The selection of available BaruchMath Internet Services may change from time to time in BaruchMath’s sole discretion. You may participate in the BaruchMath Interactive Service by completing the registration form where one is provided.
USER MATERIALS
BaruchMath does not control and is not responsible for any notes, messages, billboard postings, ideas, suggestions, concepts or other material, or files delivered to a BaruchMath Website by you or other users (collectively, “User Materials”). BaruchMath is not obligated to and does not regularly review, prescreen, monitor, delete, or edit User Materials. However, BaruchMath reserves the right to do so at any time in its sole discretion, for any reason or no reason, and to refuse, delete, move or edit any User Materials, in whole or in part, with or without notice. BaruchMath is not responsible or liable for damages of any kind arising from any User Materials even when BaruchMath is advised of the possibility of such damages, or from BaruchMath’s alteration or deletion of any User Materials.
You are solely responsible and liable for all User Materials delivered to this BaruchMath Website using your account. Any violation of these provisions can subject your BaruchMath account to immediate termination and, possibly, further legal action. You represent and warrant that you own or otherwise control any and all rights in and to the User Materials and that public posting and use of the User Materials by BaruchMath will not infringe or violate the rights of any third party in any manner.
By submitting, transmitting, posting, uploading, modifying or otherwise providing any User Material in connection with this BaruchMath Website and/or a BaruchMath Interactive Service, whether solicited or unsolicited, you are granting BaruchMath and its designees a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide license to reproduce, publish, transmit, perform, display, sublicense, create derivative works from and otherwise use such User Material for any purpose, including, without limitation, advertising and promotional purposes, alone or as a part of other works in any form, media or technology now or hereafter known. No credit, approval or compensation is due to you for any such use of User Materials you may submit. BaruchMath also has the right, but not the obligation, to use your username (and real name, image, likeness or other identifying information, if provided in connection with User Materials), city and state in connection with broadcast, print, online or other use or publication of your User Materials. Please note that any User Material you submit is and will be treated as non-confidential and non-proprietary as to you, unless specifically stated otherwise in our Privacy Statement.
The information and opinions expressed in User Materials appearing on this BaruchMath Website are not necessarily those of BaruchMath or its content providers, advertisers, sponsors, affiliated or related entities, and BaruchMath makes no representations or warranties regarding that information or those opinions, and expressly disclaims any responsibility for User Materials. BaruchMath does not represent or guarantee the truthfulness, accuracy, or reliability of any User Materials or determine whether the User Materials violate the rights of others, and BaruchMath has no control over whether such User Materials are of a nature that you or other users might find offensive, distasteful or otherwise unacceptable. You acknowledge that any reliance on any User Materials submitted by other users will be at your own risk, including any reliance on the accuracy, completeness or usefulness of such User Materials. You acknowledge that this BaruchMath Website is “public,” and in addition to the license granted to BaruchMath, other users will have access to your User Materials and might copy, modify or distribute them.
If you are aware of any User Material on this BaruchMath Website which violates these Terms, please contact us by submitting the form HERE. Please provide as much detail as possible, including a copy of the underlying material, the location where BaruchMath may find it, and the reason such User Material should be removed. Please note that filing a complaint will not guarantee its removal, BaruchMath will only remove User Materials if BaruchMath believes the measure is necessary, in our sole discretion. To the extent any notice is based on an alleged copyright violation, please follow in the instructions set forth in the section entitled “Copyright Infringement.”
Other than those we specifically request, we do not accept or consider unsolicited creative materials, ideas or suggestions either via this BaruchMath Website, email or other means. This is to avoid any misunderstandings if your ideas are similar to those we have developed or obtained independently. However, if you do still transmit to us, via this BaruchMath Website, email or otherwise, any unsolicited communication or material, you will be deemed to have granted to us the same rights as are set out in this section with respect to User Materials. Without limitation thereof, you agree that BaruchMath, our affiliates and our licensees are free to use any ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products, services and content using such information, without any credit, notice, approval or compensation to you.
GENERAL
This Agreement and any Additional Terms shall be governed by, construed and enforced in accordance with the laws of the State of New York, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles. You agree that any and all disputes, claims and causes of action arising out of, or connected with, this Agreement and/or the Additional Terms, or in connection with any matters related to this BaruchMath Website and/or the Privacy Statement, shall be resolved individually, without resort to any form of class action, exclusively in either the state or Federal courts located in New York County, New York. You agree to submit to the personal jurisdiction of the courts of the State of New York for any cause of action arising out of this Agreement. You agree to file any cause of action with respect to this Agreement within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.
If any provision of this Agreement, or the application thereof to any person or circumstances, is held invalid or for any reason, unenforceable including, but not limited to, the warranty disclaimers and liability limitations, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, this Agreement is the entire agreement between you and BaruchMath with respect to the use of this BaruchMath Website and shall not be modified except in writing, signed by an authorized representative of BaruchMath.
USE OF INTELLECTUAL PROPERTY
The BaruchMath Website, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, BaruchMath logos, titles, characters, names, graphics and button icons (collectively “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by BaruchMath or by other parties that have provided rights thereto to BaruchMath.
You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through this BaruchMath Website, in whole or in part, without the express written permission of BaruchMath.
Other trademarks, service marks, product names and company names or logos appearing on this BaruchMath Website that are not owned by BaruchMath may not be used without express permission from their owners.
Additionally, unless otherwise expressly permitted, websites may not link, whether by hyperlink or otherwise, to any page beyond the homepage of this BaruchMath Website, or frame this BaruchMath Website, or any web page or material herein, nor may any entity include a link to any aspect of this BaruchMath Website in an email for commercial purposes, without the express written permission of BaruchMath.
Further, unless otherwise expressly permitted, you agree not to link to BaruchMath’s Intellectual Property so as to cause you or anyone else to access BaruchMath’s Intellectual Property other than through this BaruchMath Website.
COPYRIGHT INFRINGEMENT
BaruchMath respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. By submitting any material or photographs through this BaruchMath Website, you are granting permission to have this material posted on this BaruchMath Website, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. BaruchMath reserves the right to remove access to infringing material. Such actions do not affect or modify any other rights BaruchMath may have under law or contract.