Thank you for visiting the Bedtime Math® website located at www.bedtimemath.org (the “Site”). The Site is an Internet property of Bedtime Math Foundation (“Bedtime Math®,” “we” or “us”). You agree to the following Bedtime Math® Website Terms and Conditions (“Terms and Conditions”), in their entirety, when you: (a) access or use the Site; (b) access and/or download any of the text, math problems, tips for parents, games, material for educators/schools/libraries (collectively, “Kits”), book reviews, audio, video, photographs, graphics, artwork, testimonials, calendars and/or other content featured on the Site (collectively, “Content”); (c) register to participate in one or more of the photo campaigns, contests, promotions and/or sweepstakes featured on the Site from time-to-time (collectively, “Promotions”); (d) register to receive the Bedtime Math® “Daily Math Problem” via e-mail; (e) access links that will take you to a third party website where you can attempt to download the Bedtime Math® mobile application (“App”); (f) access links to Bedtime Math’s® social media pages/accounts on third party social media websites, such as Facebook® and Twitter® (collectively, “Social Media Pages”); (g) purchase a Bedtime Math® t-shirt or other merchandise (“Merchandise”); and/or (h) utilize the Site’s many interactive features designed to facilitate interaction between you, Bedtime Math® and other Site users including, but not limited to, blogs, comment sections, reviews and question and answer options located in designated areas of the Site (collectively, the “Interactive Services” and together with the Site, Kits, Content, Promotions, Daily Math Problem, App, Merchandise and Social Media Pages, the “Bedtime Math® Offerings”).
Facebook® is a registered trademark of Facebook, Inc. (“Facebook”). Twitter® is a registered trademark of Twitter, Inc. (“Twitter”). Please be advised that Bedtime Math® is not in any way affiliated with either Facebook or Twitter, and the Bedtime Math® Offerings are not endorsed, administered or sponsored by either Facebook or Twitter.
1. Scope of Agreement. You agree to the terms and conditions outlined in the Agreement with respect to your use of the Bedtime Math® Offerings. The Agreement constitutes the entire and only agreement between you and Bedtime Math® with respect to your use of the Bedtime Math® Offerings and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. Unless explicitly stated otherwise, any future offer(s) or product(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Bedtime Math® Offerings shall be subject to the Agreement. You understand and agree that Bedtime Math® is not responsible or liable in any manner whatsoever for your inability to use the Bedtime Math® Offerings.
2. Modification of Agreement. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Bedtime Math® Offerings. By your continued use of the Bedtime Math® Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable).
3. Requirements. You must be thirteen (13) years old or older to access the Bedtime Math® Offerings (though in some instances, you must be above the age of majority to access certain of the Bedtime Math® Offerings, as applicable (collectively, “Of-Age Offerings”)). If you are under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age), you do not have permission to use and/or access the Of-Age Offerings.
If you are not yet thirteen (13) years old, you may not access the Bedtime Math® Offerings, including the Of-Age Offerings. If you are at least thirteen (13) years old but not yet eighteen (18) years of age, please have your parent(s) or legal guardian(s) review the Agreement with you, discuss any questions that you may have and give you their permission to access the Bedtime Math® Offerings (other than the Of-Age Offerings, which remain off-limits). If you are a parent or a guardian, you are responsible for exercising supervision over your children’s online activities. If you do not agree to the terms of the Agreement, do not let your child access and/or use the Bedtime Math® Offerings. If you are the parent or guardian of a child under the age of thirteen (13) and you believe that your child has accessed the Bedtime Math® Offerings without your authorization, please contact us at email@example.com.
4. Site Forms. In order to utilize the Interactive Services and certain other Bedtime Math® Offerings, you may be required to submit a registration form (collectively, “Form”). The information that you must supply on the Form may include, without limitation: (a) your name (where registering for the Interactive Services, a Kit and/or purchasing Merchandise without a PayPal® account); (b) the mailing address you would prefer to use (where requesting a Kit and/or purchasing Merchandise); (c) your e-mail address (where registering for the Daily Math Problem, Interactive Services, a Kit and/or purchasing Merchandise with or without a PayPal® account); (d) your website URL, if any (where registering for the Interactive Services); (e) school/library name (where requesting a Kit); (f) the date of the party/event and the number of kids that you anticipate attending (where requesting a Kit); (g) your telephone number and type (mobile/home) (where purchasing Merchandise without a PayPal® account); (h) your credit card information (where purchasing Merchandise without a PayPal® account); (i) your PayPal® account password (where purchasing Merchandise with a PayPal® account); and/or (j) any other information requested by us on the Form (collectively, “Registration Data”). You agree to provide true, accurate, current and complete Registration Data, as necessary, in order to maintain it in up-to-date and accurate fashion.
Bedtime Math® may reject your Form and/or terminate your Site account at any time and for any reason, in its sole discretion. Such reasons may include, without limitation: (i) where Bedtime Math® believes that you are in any way in breach of the Agreement; (ii) where Bedtime Math® believes that you are engaged in any improper conduct in connection with the Bedtime Math® Offerings; and (iii) where Bedtime Math® believes that you are, at any time, conducting any unauthorized commercial activity by and through your use of the Bedtime Math® Offerings.
PayPal® is a registered trademark of PayPal, Inc. Please be advised that Bedtime Math® is not in any way affiliated with PayPal, Inc., and the Bedtime Math® Offerings are neither endorsed, nor sponsored, by PayPal, Inc.
5. Content. Subject to the terms and conditions of the Agreement, end-users that possess the requisite technology shall have the opportunity to view, download and/or interact with all or some of the Content made available by and through the Site and/or other Bedtime Math® Offerings. The Content is compiled, distributed and displayed by Bedtime Math®, as well as third-party content providers (“Third-Party Providers”). Bedtime Math® does not control the Content provided by Third-Party Providers that is made available by and through the Bedtime Math® Offerings. Such Third-Party Providers are solely
responsible for the accuracy, completeness, appropriateness and/or usefulness of such Content. The Content should not necessarily be relied upon. Bedtime Math® does not represent or warrant that the Content and other information posted by and through the Bedtime Math® Offerings is accurate, complete, up-to-date or appropriate. You understand and agree that Bedtime Math® will not be responsible for, and Bedtime Math® undertakes no responsibility to monitor or otherwise police Content provided by Third-Party Providers. You agree that Bedtime Math® shall have no obligation and incur no liability to you in connection with any Content. You may find certain Content to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Content.
6. Promotions. From time-to-time, we offer Promotions by and through the Site strictly as an Of-Age Offering. If you are under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age), you do not have permission to use and/or access the Promotions. By providing true and accurate information in connection with the applicable Promotion registration form(s) and agreeing to the rules applicable to each Promotion, you can obtain, or attempt to obtain, a chance to win the prizes and other awards offered through each Promotion, if any. You understand and agree that Bedtime Math® shall not be liable to you or any third party for any claim in connection with your participation in any of the Promotions.
7. Interactive Services. The Interactive Services are an Of-Age Offering. If you are under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age), you do not have permission to use and/or access the Interactive Services.
(a) Subject to the restrictions set forth herein, the Interactive Services will allow you to participate in blog comment sections, message boards, question and answer areas and other interactive areas of the Site.
(b) Each end-user shall be solely responsible for the comments, opinions, statements, feedback and other content (collectively, “Feedback”) posted by and through the Interactive Services. End-users are forbidden from posting website links, buttons, banner ads, co-registration paths, copy or processes for generating actions (“Links”) in any Feedback, and/or advertising of third party products and/or services within the Interactive Services. Bedtime Math® reserves the right to prohibit any conduct by end-users
or remove any Feedback from the Interactive Services and/or Site at any time and for any reason, in Bedtime Math’s® sole discretion. The reasons for removal may include where Bedtime Math® believes that the Feedback posted by an end-user is unsuitable for the Interactive Services and/or Site for any reason including, without limitation, where: (i) the Feedback contains or links to material that could be considered unlawful, harmful, threatening, defamatory, obscene, harassing or otherwise objectionable; (ii) the Feedback contains or links to material that infringes upon the trademark, trade name, service mark, copyright, license, or other intellectual property or proprietary right of any third party; (iii) Bedtime Math® believes that an end-user is, at any time, conducting any commercial activity by and through the Interactive Services; and/or (iv) Bedtime Math® believes that an end-user is in violation of the Agreement including, without limitation, Section 7(c) below. You understand and agree that Bedtime Math® shall not be liable to you, any other end-user or any third party for any claim in connection with your use of, or inability to use, the Interactive Services. The Interactive Services contain Feedback that is provided directly by end-users of the Site. You agree that Bedtime Math® shall have no obligation and incur no liability to you in connection with any Feedback appearing in or through the Interactive Services. Bedtime Math® does not represent or warrant that the Feedback posted through the Interactive Services is accurate, complete or appropriate.
(c) You agree that you are solely responsible for the Feedback and/or other information that you publish, transmit and/or post through the Interactive Services. You agree to use the Interactive Services in full compliance with all applicable laws and regulations. In connection with your use of the Interactive Services, you agree not to: (i) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third party; (ii) display any audio files, text, photographs, videos or other images containing confidential information; (iii) display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in your community, as defined under applicable law; (iv) impersonate any person or entity; (v) “stalk” or otherwise harass any person; (vi) engage in unauthorized advertising to, or commercial solicitation of, Site-visitors; (vii) transmit any chain letters, spam or junk e-mail to other end-users; (viii) express or imply that any statements you make are endorsed by Bedtime Math®; (ix) harvest or collect personal information of Site-visitors whether or not for commercial purposes, without their express consent; (x) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; (xi) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (xii) remove any copyright, trademark or other proprietary rights notices contained on the Site; (xiii) interfere with or disrupt any of the Bedtime Math® Offerings and/or the servers or networks connected to same; (xiv) post, offer for download, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xv) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. “spamware”), services that send unsolicited advertisements, programs designed to initiate “denial of service” attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet; (xvi) “frame” or “mirror” any part of the Site; (xvii) use metatags or code or other devices containing any reference to the Bedtime Math® Offerings in order to direct any person to any other website for any purpose; and/or (xviii) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Bedtime Math® Offerings or any software used on or in connection with same. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of your access to some or all of the Bedtime Math® Offerings without notice, in the sole discretion of Bedtime Math®. Bedtime Math® reserves the right to pursue any and all legal remedies against end-users that engage in the aforementioned prohibited conduct.
8. Merchandise. The Merchandise is an Of-Age Offering. Upon completing the applicable Form associated with the purchase of Merchandise that you have added to your shopping cart and providing the requisite Registration Data: (a) the credit card that you provided on the Form (where selected as your preferred payment method); or (b) your PayPal® account (where selected as your preferred payment method) (collectively, “Payment Method”) will be charged the applicable purchase price for the Merchandise, plus shipping and handling and applicable sales taxes. ALL SALES ARE FINAL AND NON-REFUNDABLE.
The fees associated with your purchases will appear on your Payment Method statement through the identifier Bedtime Math Foundation. All prices displayed on the Site are quoted in U.S. Dollars, are payable in U.S. Dollars and are valid and effective only in the United States. Failure to use the Merchandise does not constitute a basis for refusing to pay any of the associated charges. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of Bedtime Math® in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), Bedtime Math® reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the Site and/or purchase of Merchandise after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification. Bedtime Math’s® authorization to provide and bill for the Merchandise is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. Bedtime Math’s® reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures.
9. App. The Site contains links to the iTunes® store and Google Play® store where you may be able to download the App. You must be of sufficient legal age under applicable law to download the App and/or access the the App Content (as that term is defined in the EULA). The iTunes® store and Google Play® store are third-party owned and operated websites. Your use of the iTunes® store or Google Play® store shall be governed by that venue’s applicable agreements, terms and conditions. Bedtime Math® does not control the iTunes® store or Google Play® store. Your use of the App shall be governed by the EULA. You understand and agree that Bedtime Math® shall not be liable to you, any other end-user or any third party for any claim in connection with your use of, or inability to use, the App.
iTunes® is a registered trademark of Apple Inc. Google Play® is a registered trademark of Google. Please be advised that Bedtime Math® is not in any way affiliated with Apple, Inc. or Google, and the Bedtime Math® Offerings, including the App, are neither endorsed, nor sponsored, by Apple, Inc nor Google.
10. Social Media Pages. The Site contains links to the various Bedtime Math® Social Media Pages. The Social Media Pages are an Of-Age Offering. The Social Media Pages are hosted and made available on third party websites (“Social Media Websites”) by third party entities. Your use of Social Media Pages and Social Media Websites shall be governed by those Social Media Websites’ applicable agreements, terms and conditions. You understand and agree that Bedtime Math® shall not be liable to you, any other end-user or any third party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites.
11. License Grant. As a user of the Site, you are granted a non-exclusive, non-transferable, revocable
and limited license to access and use the Bedtime Math® Offerings. Bedtime Math® may terminate this license at any time for any reason. Unless otherwise expressly authorized by Bedtime Math®, as a visitor to the Site, you may only use the Bedtime Math® Offerings for your own personal, non-commercial use. No part of the Bedtime Math® Offerings including, but not limited to, the Content, may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the Bedtime Math® Offerings except as expressly permitted by Bedtime Math®. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Bedtime Math® Offerings, or any portion thereof. You may not create any “derivative works” by altering any aspect of the Bedtime Math® Offerings. You may not use the Bedtime Math® Offerings in conjunction with any other third-party content. You may not exploit any aspect of the Bedtime Math® Offerings for any commercial purposes not expressly permitted by Bedtime Math®. You further agree to indemnify and hold harmless Bedtime Math® for your failure to comply with this Section 11. Bedtime Math® reserves any rights not explicitly granted in the Agreement.
12. Proprietary Rights. The Bedtime Math® Offerings, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to same, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the Bedtime Math® Offerings is strictly prohibited. You do not acquire ownership rights in or to any content, document, software, services or other materials viewed by or through the Bedtime Math® Offerings. The posting of information or material by and through the Bedtime Math® Offerings does not constitute a waiver of any right in or to such information and/or materials.
13. Copyright Policy/DMCA Compliance. Bedtime Math® reserves the right to terminate the Site account of any end-user who infringes upon third-party copyright rights. If you believe that a copyrighted work has been copied and/or posted via the Site and/or other Bedtime Math® Offerings in a way that constitutes copyright infringement, you should provide Bedtime Math® with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location on the Site (or otherwise) of the copyrighted work that you claim has been infringed upon; (c) a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) your name and contact information, such as telephone number or e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Bedtime Math’s® Copyright Agent for notice of claims of copyright infringement is as follows:
Attn: DMCA/Copyright Agent
17-19 Union Place, 3rd Floor
Summit, NJ 07901
14. Legal Warning. Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Bedtime Math® Offerings is a violation of criminal and civil law and Bedtime Math® will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
15. Indemnification. You agree to indemnify and hold Bedtime Math®, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Bedtime Math® Offerings; (b) your breach of the Agreement; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this Section 15 are for the benefit of Bedtime Math®, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
16. Disclaimer of Warranties. THE BEDTIME MATH® OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, BEDTIME MATH® MAKES NO WARRANTY THAT THE BEDTIME MATH® OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; AND/OR (D) WILL BE ACCURATE OR RELIABLE. THE BEDTIME MATH® OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. BEDTIME MATH® WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE BEDTIME MATH® OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BEDTIME MATH® OR OTHERWISE THROUGH OR FROM THE BEDTIME MATH® OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
17. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT BEDTIME MATH® SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BEDTIME MATH® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE BEDTIME MATH® OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE BEDTIME MATH® OFFERINGS; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND (D) ANY OTHER MATTER RELATING TO THE BEDTIME MATH® OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE BEDTIME MATH® FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF BEDTIME MATH® TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE BEDTIME MATH® OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME, MAY BE BROUGHT BY YOU OR BEDTIME MATH® MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND BEDTIME MATH®. ACCESS TO THE BEDTIME MATH® OFFERINGS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF BEDTIME MATH® SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
18. Third Party Websites. The Site contains links to other websites on the Internet that are owned and operated by third parties including, without limitation, the iTunes® store, the Google Play® store, and Social Media Websites. Bedtime Math® does not control the information, products or services available on or through these third party websites. The inclusion of any link does not imply endorsement by Bedtime Math® of the applicable website or any association with the website’s operators. Because Bedtime Math® has no control over such websites and resources, you agree that Bedtime Math® is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from or through any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Site, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that Bedtime Math® shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.
19. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site.
21. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the Bedtime Math® Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration, which is available here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Bedtime Math® and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that Bedtime Math® incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.
22. Miscellaneous. To the extent that anything in or associated with the Bedtime Math® Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence, other than the EULA, which shall govern use of the App. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
23. Contact Us. If you have any questions about the Agreement, Bedtime Math® Offerings or the practices of Bedtime Math®, please feel free to contact us as set forth below.
If you’d like to discuss partnership ideas and opportunities, please reach out to Diana Pecina, our Director of Partnerships, at firstname.lastname@example.org.
For media inquiries of any type, please contact Sandy LoPiccolo, our Director of Communications, at email@example.com.
For feedback on the daily math problem and other content, please email Derek Stump, Staff Writer, at firstname.lastname@example.org.
For all other inquiries about Bedtime Math, you may contact us at email@example.com. Thank you!
17-19 Union Place, 3rd Floor
Summit, NJ 07901