AlwaysMath Terms of Use Agreement December 30, 2008 Rademacher & Associates LLC ("AlwaysMath" or "we") owns and operates AlwaysMath.com, which is a math service that allows Members to create unique personal profiles online in order to utilize our math services. The services offered by AlwaysMath include any AlwaysMath-branded URL (the "AlwaysMath Website") and other features (for example, math calculators), AlwaysMath mobile services, and any other features, content, or applications offered from time to time by AlwaysMath in connection with AlwaysMath.s business (collectively, the "AlwaysMath Services"). The AlwaysMath Services are hosted in the United States. This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the AlwaysMath Services. By using the AlwaysMath Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the AlwaysMath Website, including through a mobile device, or otherwise use the AlwaysMath Services without being registered) or you are a "Member" (which means that you have registered with AlwaysMath). The term "User" refers to a Visitor or a Member. You are only authorized to use the AlwaysMath Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement and save it. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave the AlwaysMath Website and discontinue use of the AlwaysMath Services immediately. If you wish to become a Member, and make use of the AlwaysMath Services, you must read this Agreement and indicate your acceptance during the registration process. This Agreement includes AlwaysMath's policy for acceptable use of the AlwaysMath Services and Content posted on or through the AlwaysMath Services and your rights, obligations and restrictions regarding your use of the AlwaysMath Services and Content posted on or through the MAlwaysMath Services. In order to participate in certain AlwaysMath Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from AlwaysMath. Unless otherwise provided by the additional terms and conditions applicable to the AlwaysMath Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: privacy@AlwaysMath.com, Subject: Terms of Use Agreement. AlwaysMath may modify this Agreement from time to time and such modification shall be effective upon posting by AlwaysMath on the AlwaysMath Website. Your continued use of the AlwaysMath Services after AlwaysMath posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. Please choose carefully the information you post on or through the AlwaysMath Services and that you provide to other Users. Your AlwaysMath profile may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and AlwaysMath assumes no responsibility or liability for this material. If you become aware of misuse of the AlwaysMath Services by any person, please click on the "Contact AlwaysMath. or the .Report Abuse. link at the bottom of the AlwaysMath Website pages. AlwaysMath reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the AlwaysMath Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. AlwaysMath expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the AlwaysMath Services if AlwaysMath determines, in its sole discretion, that you have violated this Agreement or pose a threat to AlwaysMath and/or its Users. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the AlwaysMath Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. AlwaysMath may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect. --------------------- Proprietary Rights in Content and Content Post Materials: AlwaysMath claims any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other non-copyrighted materials (collectively, "Content") that you post on or through the AlwaysMath Services. After posting your Content to the AlwaysMath Services, AlwaysMath retains any such rights that you may have in your Content. By displaying or publishing ("posting") any Content on or through the AlwaysMath Services, you hereby grant to AlwaysMath an unlimited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the AlwaysMath Services, including without limitation distributing part or all of the AlwaysMath Website in any media formats and through any media channels, except Content marked .private. will not be distributed outside the AlwaysMath Website. This unlimited license also grants AlwaysMath the right to sell or otherwise distribute your Content outside of the AlwaysMath Services. You represent and warrant that: (i) you own the Content posted by you on or through the AlwaysMath Services, and (ii) the posting of your Content on or through the AlwaysMath Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the AlwaysMath Services. The AlwaysMath Services contain Content of AlwaysMath ("AlwaysMath Content"). AlwaysMath Content is protected by copyright, trademark, patent, trade secret and other laws, and AlwaysMath owns and retains all rights in the AlwaysMath Content and the AlwaysMath Services. AlwaysMath hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the AlwaysMath Content (excluding any software code) solely for your personal use in connection with viewing the AlwaysMath Website and using the AlwaysMath Services. The AlwaysMath Services contain Content of Users and other AlwaysMath licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the AlwaysMath Services. AlwaysMath performs technical functions necessary to offer the AlwaysMath Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the AlwaysMath Services. AlwaysMath may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of AlwaysMath violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. AlwaysMath assumes no responsibility for monitoring the AlwaysMath Services for inappropriate Content or conduct. If at any time AlwaysMath chooses, in its sole discretion, to monitor the AlwaysMath Services, AlwaysMath nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. You are solely responsible for the Content that you post on or through any of the AlwaysMath Services, and any material or information that you transmit to other Members and for your interactions with other Users. --------------------- Type of Contents The following are examples of the kind of Content that is illegal or prohibited to post on or through the AlwaysMath Services. AlwaysMath reserves the right to investigate and take appropriate legal action against anyone who, in AlwaysMath's sole discretion, violates this provision, including without limitation, removing the offending Content from the AlwaysMath Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of AlwaysMath: - is not allowed to post any sort of term paper or report/essay; (See NOTES at bottom) - must receive permission from the appropriate authorities (administration/professors/TAs/etc.) before post material can be posted/submitted (especially the copyrighted material); - violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person. - exploits people in a sexual or violent manner; - is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; - harasses or advocates harassment of another person; - solicits personal information from anyone under 18; - publicly posts information that poses or creates a privacy or security risk to any person; - contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website; - constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files; - constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; - involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; - contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); - furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; - solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; - involves commercial activities and/or sales without prior written consent from AlwaysMath such as contests, sweepstakes, barter, advertising, or pyramid schemes; - includes a photograph or video of another person that you have posted without that person's consent; --------------------- Activities The following are examples of the kind of activity that is illegal or prohibited on the AlwaysMath Website and through your use of the AlwaysMath Services. AlwaysMath reserves the right to investigate and take appropriate legal action against anyone who, in AlwaysMath's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to: - criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; - advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the AlwaysMath Services. - circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the AlwaysMath Services; - activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; - covering or obscuring the banner advertisements on your personal profile page, or any AlwaysMath page via HTML/CSS or any other means; - any automated use of the system, such as, but not limited to, using scripts to add friends or send comments or messages; - interfering with, disrupting, or creating an undue burden on the AlwaysMath Services or the networks or services connected to the AlwaysMath Services; - impersonating or attempting to impersonate another Member, person or entity; - using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account; - selling or otherwise transferring your profile; - using any information obtained from the AlwaysMath Services in order to harass, abuse, or harm another person or entity, or attempting to do the same; - displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the AlwaysMath Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends; or - using the AlwaysMath Services in a manner inconsistent with any and all applicable laws and regulations. --------------------- Copyrights (see NOTE at bottom related to postings) AlwaysMath respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. AlwaysMath has the right to terminate the Membership of infringers. If you believe your work has been copied and posted on or through the AlwaysMath Services in a way that constitutes copyright infringement, please send AlwaysMath's Copyright Agent a notification of claimed infringement with all of the following information: - identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; - identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the AlwaysMath Services (providing the URL(s) of the claimed infringing material satisfies this requirement); - information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; - a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; - a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and - your physical or electronic signature. AlwaysMath's Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, Rademacher & Associates LLC, POB 92635, Rochester, NY 14692; Fax: 866.394.5409; Phone: 800.315.0104; Attn: Copyright Agent. AlwaysMath's Copyright Agent for notification of claimed infringement can also be reached electronically by clicking "Contact Us" link. AlwaysMath provides certain tools and technologies to help facilitate copyright owners. control over their copyrighted works. --------------------- Communication & Privacy You are solely responsible for your interactions with other AlwaysMath Members. AlwaysMath reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members. Use of the AlwaysMath Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference. --------------------- Disclaimers & Limited on Liability AlwaysMath is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the AlwaysMath Services, whether caused by Users of the AlwaysMath Services or by any of the equipment or programming associated with or utilized in the AlwaysMath Services and such User Content does not necessarily reflect the opinions or policies of AlwaysMath. Profiles and third party applications created and posted by Members on the AlwaysMath Website may contain links to other websites. AlwaysMath is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by AlwaysMath. Inclusion of any linked website on the AlwaysMath Services does not imply approval or endorsement of the linked website by AlwaysMath. When you access these third party sites, you do so at your own risk. AlwaysMath takes no responsibility for third party advertisements or third party applications that are posted on or through the AlwaysMath Services, nor does it take any responsibility for the goods or services provided by its advertisers. AlwaysMath is not responsible for the conduct, whether online or offline, of any User of the AlwaysMath Services. AlwaysMath assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. AlwaysMath is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the AlwaysMath Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the AlwaysMath Services. Under no circumstances shall AlwaysMath be responsible for any loss or damage, including personal injury or death, resulting from use of the AlwaysMath Services, attendance at a AlwaysMath event, from any User Content posted on or through the AlwaysMath Services, or from the conduct of any Users of the AlwaysMath Services, whether online or offline. The AlwaysMath Services are provided "AS-IS" and as available and AlwaysMath expressly disclaims any warranty of fitness for a particular purpose or non-infringement. AlwaysMath cannot guarantee and does not promise any specific results from use of the AlwaysMath Services. --------------------- Limitation on Liability IN NO EVENT SHALL AlwaysMath BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE AlwaysMath SERVICES, EVEN IF AlwaysMath HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AlwaysMath'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO AlwaysMath FOR THE AlwaysMath SERVICES DURING THE TERM OF MEMBERSHIP. --------------------- Indemnity & Others You agree to indemnify and hold AlwaysMath, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the AlwaysMath Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the AlwaysMath Services causes AlwaysMath to be liable to another. This Agreement is accepted upon your use of the AlwaysMath Website or any of the AlwaysMath Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and AlwaysMath regarding the use of the AlwaysMath Services. The failure of AlwaysMath to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. AlwaysMath is a trademark of Rademacher & Associates LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. Contact AlwaysMath with any questions regarding this Agreement. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE. Thank you for visitng our site. --------------------- IMPORTANT NOTE: To avoid any potential copyright problems when dealing with original math question/answer/solution(s), please re-write the math question/answer/solution to make it bit different from the original question before submitting it to AlwaysMath.