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TERMS AND CONDITIONS

TERMS OF USE AGREEMENT BETWEEN USER AND NUSSBAUM EDUCATION NETWORK, LLC

"MrNussbaum.com and MrN365.com" are comprised of various Web pages operated by Nussbaum Education Network, LLC. located at https://www.mrnussbaum.com and https://www.mrn365.com (NEN sites).These two sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of either of these sites constitutes your agreement to all such terms, conditions, and notices.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of NEN sites, you warrant to Nussbaum Education Network, LLC. that you will not use them for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use NEN sites in any manner which could damage, disable, overburden, or impair Nussbaum Education Network, LLC or interfere with any other party's use and enjoyment of NEN sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through NEN sites.

SERVICE FEES

You may use the Platform (or certain portions thereof) free of charge or may have the opportunity to subscribe to the Platform on a paid basis. In addition to the Application charges described above, we may charge periodic fees to subscribers. Subscription may include benefits like ad-free use of the Platform or access to content not available to non-subscribers. We may offer different subscription plans as described on the Platform, including some that offer continuous service by automatically renewing at the conclusion of each subscription period. ONCE YOU SUBSCRIBE TO SUCH AN ONGOING PLAN, YOUR SUBSCRIPTION WILL RENEW AUTOMATICALLY AND YOUR PAYMENT CARD WILL BE CHARGED EACH BILLING PERIOD UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION.

All subscription fees are non-refundable. You may cancel your subscription or terminate your use of the Platform entirely at any time, but you will not receive a refund or credit for any fees previously paid. Nussbaum Education Network, LLC reserves the right, in its sole discretion, to change the applicable fees and modify the Payment Terms from time to time.

MEMBERSHIP & REGISTRATION

Subscription and certain other areas of or features on NEN sites may require registration or may otherwise ask you to provide information to participate or access certain content. These features are limited to adult users of the Platform. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to participate in certain features of the Platform or access certain Platform Content, including subscribing to the Platform. When you provide information to the Platform, you agree to provide only true, accurate, current, and complete information and to update it as necessary to maintain its truth and accuracy.

If you register with us, you agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer (or other device, as applicable) so that others may not access the password-protected portion of the Platform using your login information (provided that this restriction does not apply to distribution by a Classroom subscriber of his or her access name and access code to those making use of the Classroom subscription with the subscriber's permission). Nussbaum Education Network, LLC reserves the right (in its sole discretion) to terminate your account or otherwise deny you access without notice.

USER CONDUCT

Nussbaum Education Network, LLC, reserves the right, but does not assume the responsibility, to monitor or review your conduct on NEN sites. Your use of NEN sites is subject to all applicable local, state, national and international laws and regulations.

In using NEN sitesyou agree not to post, transmit, or otherwise make available, through or in connection with NEN sites:

  • Anything that is or may be unlawful, defamatory, fraudulent, objectionable, or protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
  • Any computer code, file, or program that is harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
  • Any Materials that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
  • Interfere with or disrupt the operation of NEN sites or the servers or networks used to make NEN sites available; or violate any requirements, procedures, policies or regulations of such networks.
  • Attempt to gain unauthorized access to NEN sites, other accounts, computer systems or networks connected to NEN sites, through password mining or any other means.
  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Content or Materials from NEN sites or reproduce or circumvent the navigational structure or presentation of NEN sites.
  • Engage in any other conduct which, in NEN sites' sole discretion, is considered inappropriate, unauthorized or objectionable.

WEBSITE CONTENT

Multimedia content such as video lessons, games, and interactive exercises are for online use only. You may not download, copy, reproduce, change, distribute, or create derivative works of our content without written permission from NEN sites. The content on NEN sites may only be shown from within our website. You may not display our proprietary and/or licensed content in iFrames.

LINKING POLICY

Nussbaum Education Network, LLC grants you the revocable permission to link to the Platform; provided, however, that any link to the Platform: (a) must not frame or create a browser or border environment around any of the content on the Platform or otherwise mirror any part of the Platform; (b) must not imply that NEN sites or the Platform is endorsing or sponsoring any third party or its products or services, unless Nussbaum Education Network, LLC has given the third party its prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in Nussbaum Education Network, LLC sole opinion, harm Nussbaum Education Network, LLC or its products or services; (d) must not use any Nussbaum Education Network, LLC trademarks without the prior written permission from Nussbaum Education Network, LLC ; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in Nussbaum Education Network, LLC's sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. Notwithstanding anything to the contrary contained in these Terms, Nussbaum Education Network, LLC reserves the right to prohibit linking to the Platform for any reason in our sole and absolute discretion.

SUBMISSIONS

Anything that is sent to Nussbaum Education Network, LLC by email, regular mail or submission forms on the web site is the exclusive property of the publisher. The publisher has the right to unrestricted use of these submissions for any purpose commercial or otherwise without compensation to the provider of the submissions.

INDEMNITY

You agree to indemnify and hold harmless Nussbaum Education Network, LLC , and its subsidiaries, affiliates, officers, agents, or other partners, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of and access to NEN sites, your violation of the terms of use, your violation of any rights of another person or entity, or your violation of any applicable laws or regulations.

APPLICABLE LAW

By visiting NEN Sites you agree to submit to the personal and exclusive jurisdiction of the courts of Loudoun County, Virginia

MERGER OR ACQUISITION

It is possible that the services and/or related assets of Nussbaum Education Network, LLC might be acquired as part of a merger or acquisition. In such an event, you understand and agree that Nussbaum Education Network, LLC may assign its rights under these Terms and that your personal information may be transferred to the succeeding entity.

LIABILITY DISCLAIMER

MRNUSSBAUM.COM, 365.MRNUSSBAUM.COM, ANY OTHER SITE OWNED BY THE NUSSBAUM EDUCATION NETWORK, LLC. ARE PROVIDED "AS-IS" WITHOUT EXCEPTION.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH NEN SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NUSSBAUM EDUCATION NETWORK, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO MATH PLAYGROUND AT ANY TIME. NUSSBAUM EDUCATION NETWORK, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON NEN SITES FOR ANY PURPOSE. NUSSBAUM EDUCATION NETWORK, LLC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MATH PLAYGROUND, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF NEN SITES WITH THE DELAY OR INABILITY TO USE NEN SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH MATH PLAYGROUND, OR OTHERWISE ARISING OUT OF THE USE OF NEN SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NUSSBAUM EDUCATION NETWORK, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF NEN SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING NEN SITES.

TERMINATION/ACCESS RESTRICTION

Nussbaum Education Network, LLC reserves the right, in its sole discretion, to terminate your access to NEN sites and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws the laws of the Commonwealth of Virginia, United States of America, without regard to its conflict of law provisions. You agree any action at law, or in equity arising out of, or relating to these Terms and Conditions shall be filed only in the state or federal courts in Loudoun County, Virginia, United States of America in all disputes arising out of or relating to the use of NEN sites. Use of NEN sites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Nussbaum Education Network, LLC as a result of this agreement or use of NEN sites. Nussbaum Education Network, LLC performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Nussbaum Education Network, LLC right to comply with governmental, court and law enforcement requests or requirements relating to your use of NEN sites or information provided to or gathered by Nussbaum Education Network, LLC. with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Nussbaum Education Network, LLC with respect to NEN sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Nussbaum Education Network, LLC. with respect to NEN sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES

All contents of NEN sites are copyright as of the year that appears at the bottom of the home page of www.mrnussbaum.com, 365.mrnussbaum.com, Nussbaum Education Network, LLC and/or its suppliers. All rights reserved. The names of actual companies and products mentioned on NEN sites may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

MODIFICATION OF THESE TERMS OF SERVICE

Nussbaum Education Network, LLC reserves the right to change the terms, conditions, and notices under which NEN sites are offered. The effective date will be posted at the top of this agreement if any changes are made to the agreement.

CONTACT INFORMATION

All inquiries concerning NEN sites and its policies may be sent to:
mrnussbaumcom@gmail.com