Calcworkshop

Login
Home » Terms of Service

Terms of Service

Effective on August 8, 2018

Ownership of Services; Agreement to Terms of Service

These terms of service (the “Terms of Service”) apply to the Calcworkshop, LLC (collectively, “Calcworkshop, “we,” “our,” or “us”) services (the “Services”) defined below. These Services are the property of Calcworkshop. BY USING OUR SERVICES, INCLUDING BY ACCESSING THIS WEBSITE, YOU AGREE TO THESE TERMS OF SERVICE; IF YOU DO NOT AGREE, YOU MAY NOT USE OUR SERVICES.

Calcworkshop reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms of Service, at any time. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of our Services following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Service, Calcworkshop grants you a personal, non-exclusive, non-transferable, limited privilege to access our Services.

THESE TERMS OF SERVICE INCLUDE AN AGREEMENT TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION THAT INCLUDES A CLASS ACTION WAIVER, AS WELL AS IMPORTANT DISCLAIMERS, WARRANTIES, AND LIMITATIONS ON LIABILITY.

Privacy

Our Privacy Policy applies to use of Calcworkshop Services and its terms are made a part of these Terms of Service by this reference. To read our Privacy Policy, click here. Additionally, by using our Services, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send using the Internet may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Our Services

When we refer to our “Services” in these Terms of Service, we mean all services owned and operated by Calcworkshop, including the content, features, tools, data, software, and functions made available by Calcworkshop through https://calcworkshop.com (the “Website”), our mobile applications, and other websites or applications we operate, unless those websites or applications have posted separate or additional terms of service. As of the effective date of these Terms of Service, our Services include the following key features:

  • Educational math videos. We produce streaming video content for our subscribers that covers courses such as Algebra, PreCalculus, Calculus, Linear Algebra, and Differential Equations. These courses are appropriate for high school and college-level students, homeschool students, and even lifelong learners.

We reserve the right to make changes to how we operate and provide our Services, including adding new services, modifying existing services, or suspending, discontinuing, or terminating your access to any or all portions of our Services.

Your Use of Our Services

You may not attempt to gain unauthorized access to any portion or feature of our Services, or any other systems or networks connected to our Services or to any Calcworkshop server.

You may not probe, scan, or test the vulnerability of our Services or any network connected to our Services, nor breach the security or authentication measures of our Services or any network connected to our Services.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of our Services or Calcworkshop systems or networks, or any systems or networks connected to our Services or to Calcworkshop.

You agree not to use any device, software, or routine to interfere with the proper working of our Services or any transaction being conducted on our Services, or with any other person’s use of our Services.

You may not forge headers or otherwise disguise the origin of any messages or transmittal you send on or through our Services. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use our Services or any Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes on the rights of Calcworkshop or others.

Your Calcworkshop Account

You must register for a Calcworkshop account to access many of our Services. By registering for a Calcworkshop account, you certify that:

  • Any information you provide to us, both when you register and in the future, is and will be true, accurate, current, and complete;
  • You will not submit personal information of another individual to us without that individual’s consent;
  • You will not use our Services in violation of these Terms of Service;
  • You will not use our Services for any unlawful or malicious purpose;
  • Your access to our Services has not been previously terminated because you violated these Terms of Service; and
  • You will not sell, transfer, or assign your account to anyone else. You will keep your password confidential, you will not share it, and you may not allow anyone else to log into our Services as you. You are responsible for all activities that occur under your Calcworkshop account. If you believe your account is no longer secure, notify us immediately by email to support@calcworkshop.com.

Payment

There are two Subscription options.

  1. Monthly Subscription (renews automatically, you will be billed each month that you keep the Subscription)
  2. Yearly Subscription (does not renew automatically)

After your Subscription has started, you may cancel your Subscription at any time. No refund will be issued for a cancelled Subscription except as provided in our “Refund Policy” below. You may not pause or resume your Subscription time after it has started.

Fees. Calcworkshop may now, or in the future, charge fees for access to and use of our Services (“Fees”). You agree to pay all Fees and charges specified for our Services. All Fees are exclusive of applicable taxes (e.g. sales, use, or value-added tax), unless otherwise stated, and you are solely responsible for the payment of any such taxes that may be imposed on your use of our Services.

Payment Methods. Calcworkshop will charge Fees, if any, and other additional fees or donations You authorize via Stripe or any other account that Calcworkshop will authorize (the “Payment Agent”). You authorize the Payment Agent to be used as a billing agent for Calcworkshop, to continue to attempt to charge all sums described herein through your Payment Agent account until all Fees are paid in full. You agree to provide Calcworkshop updated information regarding your Payment Agent account upon Calcworkshop’s request, and any time the information earlier provided is no longer valid. If payment is not received by Calcworkshop from your Payment Agent account, you agree to pay all amounts due upon demand by Calcworkshop and your account may be suspended or cancelled. Calcworkshop will not retain any Payment Agent account information or billing information.

Credit Card Authorization. If Calcworkshop permits You to use a credit card to pay for any Fees related to our Services, You will be asked to provide Calcworkshop with a credit card number from a card issuer that we accept. Calcworkshop may seek pre-authorization of your credit card account prior to a purchase to verify the credit card is valid and/or has the necessary funds or credit available to cover your purchase. These pre-authorizations will reduce your available balance by the authorization amount until it is released or reconciled with the actual charge. Please contact your credit card issuer if you have additional questions regarding when an authorization amount will be removed from your statement.

Changes in Price. Calcworkshop may at any time, upon notice required by applicable law, change the price of accessing our Services, institute new charges or fees, or charge a fee for our Services or any part thereof where a fee was not previously charged.

Refund Policy

If your grades do not improve after working through the video lessons, send us an email to support@calcworkshop.com and we will issue you a refund if the following conditions are satisfied:

  1. The request for a refund must be made within thirty (30) days of the initial purchase. Any requests made after this period will not be honored.
  2. No more than one (1) refund per customer for the lifetime of the customer. If you have previously been granted a refund, you are not eligible for another refund in the future.
  3. You are not using and have not used our Services in violation of these Terms of Service.
  4. Refund requests will not be accepted unless they are submitted via email to support@calcworkshop.com.

Your Use of Discussion Forums and/or User Reviews

If you use a bulletin board or post a review using our Services, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these forums. Calcworkshop is not responsible for the content of user reviews or the opinions stated by users on our website. We reserve the right to edit or delete inappropriate or offensive materials, or to terminate the account of users who post inappropriate or offensive materials, or who use these services in a manner inconsistent with our Terms of Service. By your act of supplying content to Calcworkshop, you thereby transfer and assign your right title and interest in the copyright thereto. You may not supply content that includes copyrighted material of third parties or contains inappropriate or offensive materials.

Our Content

All videos, text, graphics, photographs, trademarks, logos, and other “Content” in our Services is owned, controlled, or licensed by or to Calcworkshop, and is protected by copyright, trademark, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Service, no part of our Services and no Content may be screen-captured, downloaded, copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way, without the express prior written consent of Calcworkshop.

If you use any of our Content without authorization, Calcworkshop reserves the right, at our sole and absolute discretion, to immediately terminate your Calcworkshop account and/or commence legal action against you.

Disclaimers

CALCWORKSHOP DOES NOT PROMISE THAT OUR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF OUR SERVICES WILL PROVIDE SPECIFIC RESULTS. OUR SERVICES ARE DELIVERED ON AN “AS-IS,” “AS-AVAILABLE,” AND “WITH ALL FAULTS” BASIS. ALL INFORMATION PROVIDED THROUGH OUR SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE. CALCWORKSHOP CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD USING OUR SERVICES WILL BE FREE OF VIRUSES OR OTHER CONTAMINATION OR DESTRUCTIVE FEATURES. CALCWORKSHOP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. CALCWORKSHOP DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF ANY CALCWORKSHOP SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF OUR SERVICES AND ANY LINKED WEBSITES. YOUR SOLE REMEDY AGAINST CALCWORKSHOP FOR DISSATISFACTION WITH OUR SERVICES IS TO STOP USING OUR SERVICES OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer viruses, communication line failure, theft, or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence, or any other cause of action.

Calcworkshop reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to our Services, or any portion of our Services, for any reason; (2) to modify or change our Services, or any portion of our Services, and any applicable policies or terms; and (3) to interrupt the operation of our Services, or any portion of our Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will Calcworkshop be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Calcworkshop has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Service, Calcworkshop is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of our Services or any Content, our liability shall in no event exceed the greater of (1) any Calcworkshop membership fees you paid during the last six months, or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnification

You agree to indemnify and hold Calcworkshop, its officers, directors, predecessors, successors in interest, employees, agents, subsidiaries, and affiliates, harmless from any demands, loss, liability, claims, or expenses (including attorneys’ fees), made against Calcworkshop by any third party due to or arising out of or in connection with your use of our Services.

Links to Other Websites

Our Services may contain links to independent third-party websites (“Linked Websites”). These Linked Websites are provided solely as a convenience to our visitors. Calcworkshop has no discretion to alter, update, or control the content on Linked Websites, and Calcworkshop is not responsible for and does not endorse the content of these Linked Websites, including any information or materials contained on such Linked Websites. You should read all the relevant legal documentation available on Linked Websites, including terms of service and privacy policy documents, before providing personal information to Linked Websites.

Violation of These Terms of Service

Calcworkshop may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of our Services, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of our Services, including our customers. Calcworkshop reserves the right at all times to disclose any information that Calcworkshop deems necessary to comply with any applicable law, regulation, legal process or governmental request. Calcworkshop also may disclose your information when Calcworkshop determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Calcworkshop may preserve any transmittal or communication by you with Calcworkshop through our Services, and may also disclose such data if required to do so by law or if Calcworkshop determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Service, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Calcworkshop, its employees, users of or visitors to our Services, and/or the public.

You agree that Calcworkshop may, in its sole discretion and without prior notice, terminate your access to our Services and/or block your future access to our Services if we determine that you have violated these Terms of Service or other agreements or guidelines which may be associated with your use of our Services. You also agree that any violation by you of these Terms of Service will constitute an unlawful and unfair business practice, and will cause irreparable harm to Calcworkshop, for which monetary damages would be inadequate, and you consent to Calcworkshop obtaining any injunctive or equitable relief that Calcworkshop deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies which Calcworkshop may have at law or in equity.

You agree that Calcworkshop may, in its sole discretion and without prior notice, terminate your access to our Services, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) discontinuance or material modification of our Services, or (3) unexpected technical issues or problems.

If Calcworkshop does take any legal action against you as a result of your violation of these Terms of Service, Calcworkshop will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Calcworkshop. You agree that Calcworkshop will not be liable to you or to any third party for termination of your access to our Services because of any violation of these Terms of Service.

Governing Law and Venue

You agree that all matters relating to your use of our Services, including all disputes, will be governed by the laws of the United States and by the laws of the State of Virginia without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts for Fairfax County, Virginia, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside.

Dispute Resolution

Arbitration

YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR IN RELATION TO OUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. In the event of any controversy or dispute between Calcworkshop and you arising out of or in connection with your use of our Services, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed 30 days), at our sole and absolute discretion, such dispute shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association, in Fairfax County, Virginia, and at our option, such arbitration shall be before a single neutral arbitrator selected at our sole and absolute discretion. You shall be liable for and shall reimburse us for our expenses and fees, including attorney’s fees, if any arbitration or litigation arises with respect to Calcworkshop Services.

Class Action Waiver

YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST CALCWORKSHOP ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS USER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS WE AGREE OTHERWISE. THE DECISION-MAKER MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. FURTHER, THE DECISION-MAKER MAY AWARD RELIEF ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIMS. ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

Severability; No Waiver

The representations and warranties and/or covenants set forth in these Terms of Service are each to be construed as a separate agreement, independent of any other provisions of these Terms of Service. Further, the invalidity or unenforceability of any provision, word, phrase, clause, sentence, paragraph or section of these Terms of Service shall in no way affect the validity or enforceability of any other provision, word, phrase, clause, sentence, paragraph or section of these Terms of Service, and any such invalid or unenforceable provision that is overbroad shall be deemed narrowed to the broadest term permitted by applicable law and shall be enforced as narrowed. If one or more of the provisions in these Terms of Service is deemed invalid or unenforceable, then the remaining provisions will continue in full force and effect. Our failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

Report Copyright Infringement

You may not use our Services in any manner that infringes the rights of any third party. If you believe, in good faith, that any of our content infringes your copyrights, you may send a notice of infringement under the federal Digital Millennium Copyright Act (DMCA) by email or regular mail to:

Calcworkshop, LLC
4730 University Way NE Suite 104-58267
Seattle, WA 98105
support@calcworkshop.com

To find out more about what you must include in a notice of infringement, click here: https://www.ipwatchdog.com/2009/07/06/sample-dmca-take-down-letter/id=4501/.

Feedback

If you have questions, comments, or a complaint related to these Terms or Service, please contact us at support@calcworkshop.com. Any feedback you provide on our Services shall be deemed to be non-confidential. Calcworkshop shall be free to use such information on an unrestricted basis.

Copyright Notice

The information contained in our Services is subject to change without notice.
Copyright © 2018 Calcworkshop, LLC. All rights reserved.
Calcworkshop, LLC 4730 University Way NE Suite 104-58267, Seattle, WA 98105

Updated on August 8, 2018