Terms of Service
Welcome, and thank you for using Ms. Anna's Math World, a private company, which operates this website www.msannamathworld.com (the "Website"). The following Terms of Service, together with any documents they expressly incorporate by reference (collectively "Terms of Service") are entered into by and between you ("User" and "Users") and Ms. Anna's Math World ("Ms. Anna's Math World", "we", "us", or "our"), whether as a guest or as a registered user.
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PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, AND ANY ADDITIONAL GUIDELINES (AS DEFINED BELOW) (COLLECTIVELY, THE “TERMS”), AND THAT YOU HAVE READ OUR PRIVATE POLICY (AS APPLICABLE TO WHICH SERVICES YOU CHOOSE TO USE). YOUR AGREEMENT TO THE PRIVATE POLICY IS HEREBY INCORPORATED INTO THESE TERMS OF USE.
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IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO SIGN UP WITH THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE IN RESPECT OF SUCH CHILD’S USE OF THE WEBSITE.
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PLEASE NOTE THAT THESE TERMS INCLUDE A BINDING ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER. BY AGREEING TO BINDING ARBITRATION, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.
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If you do not want to agree to these Terms of Service including the agreements incorporated by reference herein, you must not access or use the Website.
Changes to the Terms of Service
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Child User
If you are under the age of 13 (a "Child User"), you may not create or register an account for the Services without consent and approval from your legal parent or guardian. If you are under the age of 18, you represent that your parent or legal guardian has reviewed and agreed to the Terms on your behalf. A Child User will only be permitted to use the Services for so long as Ms. Anna's Math World reasonably believes that such access has been consented to by the Child User’s parent or guardian.
Parent User
If you are at least 18 years of age and you are the legal parent or guardian of a child that seeks to register as a Child User of the Services, YOU APPROVE OR CONSENT TO THE REGISTRATION OF, OR OTHERWISE ASSUME RESPONSIBILITY FOR ANY CHILD USER, YOU REPRESENT AND WARRANT THAT YOU ARE SUCH CHILD USER’S LEGAL PARENT OR GUARDIAN AND YOU AGREE TO BE BOUND BY THE TERMS ON BEHALF OF SUCH CHILD USER, INCLUDING WITHOUT LIMITATION BEING LIABLE FOR ALL USE OF THE WEBSITE BY THE CHILD USER. You acknowledge that Ms. Anna's Math World may choose, but is not obligated, to make any inquiries, either directly or through third parties, that Ms. Anna's Math World deems necessary to validate your registration information, including without limitation engaging third parties to provide verification services. Ms. Anna's Math World reserves all rights to take legal actions against anyone who misrepresents personal information or is otherwise untruthful about their identity. NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE THAT MS ANNA'S MATH WORLD CANNOT GUARANTEE THE ACCURACY OF ANY INFORMATION SUBMITTED BY ANY USER AND WE ARE NOT OBLIGATED TO VERIFY THE IDENTITY OF ANY USER, INCLUDING ANY USER’S CLAIM TO BE A PARENT USER, OR TO VERIFY THAT A PARENT IDENTIFIED BY A CHILD USER OR OTHER PARTY DURING REGISTRATION IS SUCH CHILD USER’S ACTUAL PARENT OR GUARDIAN.
School Districts
Ms. Anna's Math World may enter into supplemental written agreements with school districts with respect to use of the Services on a district-wide basis ("District Agreements"). Pursuant to District Agreements, we may provide additional services to school districts, and/or may provide additional undertakings to school districts with respect to the Services. Except as otherwise provided in a District Agreement, these Terms remain in effect for all individual Users of the Services in the relevant district.
Users Content License Grant
Ms. Anna's Math World may permit (a) the posting and/or publishing by you and other Users of notes, questions, comments, ratings, reviews, images, videos and other audio-visual materials and communications (collectively, “User Postings”) and (b) the posting, creation, or modification by you and other users of computer code (including source code and object code) (“User Code”) (User Postings and User Code, collectively, “User Content”). You understand that whether or not such User Content is published, Ms. Anna's Math World does not guarantee any confidentiality with respect to any submissions. Consistent with Applicable Law, as between Ms. Anna's Math World and you, you retain all ownership rights you have in any User Content you post or publish to the Services, and Ms. Anna's Math World does not claim any ownership rights in or to such User Content. You acknowledge that you are solely responsible for your User Content and the consequences of posting, creating, or publishing such User Content.
License Grants
By posting, submitting or distributing User Content on or through the Services, you hereby grant Ms. Anna's Math World, a nationwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free right and license to host, transfer, display, perform, reproduce, distribute, prepare derivative works of, use, make, have made, import, and otherwise exploit your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed, to the extent consistent with applicable law and Ms. Anna's Math World Privacy Policy). Such license is perpetual and irrevocable, except to the extent required to comply with Applicable Privacy Law relating to ownership and control of your personal information, including education records.
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By posting, submitting or distributing User Postings through the Services, you hereby grant to each User of the Services a non-exclusive license to access and use your User Postings in any manner permitted or made available by Ms. Anna's Math World on or through the Services.
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International Users
Ms. Anna's Math World is controlled, operated and administered from our offices within the USA. If you access the Website from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website and any service or material we provide on the Website in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
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To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and any resources downloaded from the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
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If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.
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We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
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Ms. Anna's Math World may permit Users to share their User Content with a select group of other Users, or make their User Content public for all ("guest" users) to view. You acknowledge and agree that, although Ms. Anna's Math World may provide certain features intended to allow you to restrict some User Content you create from others, Ms. Anna's Math World does not guarantee that such User Content will never be accessible by others. MS. ANNA'S MATH WORLD HEREBY DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO ANY UNAUTHORIZED ACCESS TO ANY RESTRICTED USER CONTENT.
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User Content
Disclaimer
You understand that when using the Services you will be exposed to User Content from a variety of sources, and that Ms. Anna's Math World is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Ms. Anna's Math World with respect thereto. Ms. Anna's Math World does not endorse any User Content or any opinion, recommendation or advice expressed therein, and Ms. Anna's Math World expressly disclaims any and all liability in connection with User Content.
Licensed Education Content
Ms. Anna's Math World may make available on the Services certain educational videos, exercises, and related supplementary materials that are owned and created by Ms. Anna's Math World or are free from other websites or its third-party licensors (the “Licensed Educational Content”). Ms. Anna's Math World grants to you a non-exclusive, non-transferable right to access and use the Licensed Educational Content as made available on the Services by Ms. Anna's Math World solely for your personal, non-commercial purposes. Unless expressly indicated on the Services that a particular item of Licensed Educational Content is made available to Users under alternate license terms, you may not download, distribute, sell, lease, modify, or otherwise provide access to the Licensed Educational Content to any third party.
Use of Paid Courses, Programs, and Associated Material
Ms. Anna's Math World provides various courses, programs, and associated material for sale on this Website. Ms. Anna's Math World grants you a limited, personal, non-exclusive, non-transferable license to use our courses, programs, and associated material (collectively the “Courses”) for your own personal, educational, or non-commercial use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Courses in any manner.
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By ordering or participating in Courses, you agree that the Courses you purchase or download may only be used by you for your personal, educational, or non-commercial use and may not be sold or redistributed without the express written consent of the Ms. Anna's Math World.
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By ordering or participating in Courses, you further agree that you shall not create any derivative work based upon the Courses and you shall not offer any competing products or services based upon any information contained in the Courses.
Payment and
Refunds
Ms. Anna's Math World offers educational classes (collectively "classes") to its users and students. All classes, once scheduled with Ms. Anna's Math World is finalized once your payment is received and you receive a confirmation e-mail from Ms. Anna's Math World. There will be no refunds for classes in the case of "no-shows" for classes scheduled. A class can be canceled up to 24 hours in advance, but only by e-mail and if you receive a confirmation e-mail back from me that the class is herein canceled. There will be no refunds for classes that students have already taken.
Links to Third Party Websites and Services
The Website may contain links to other Websites (“Linked Websites”). The Linked Websites are not under the control of Ms. Anna's Math World and we are not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. Ms. Anna's Math World provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Ms. Anna's Math World or the Website or any association with its operators.
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BY CLICKING ON A LINKED WEBSITE YOU ARE BOUND TO SUMBIT TO THE TERMS AND CONDITIONS AND THE PRIVATE POLICIES OF THE LINKED WEBSITE AND NOT TO OUR WEBSITE.
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Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL MS ANNA'S MATH WORLD BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR PROFITS, LOSS OF DATA, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) EVEN IF MS ANNA'S MATH WORLD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING OUT OF OR RELATING (i) TO THE TERMS; (ii) YOUR USE OF (OR INABILITY TO USE) THE WEBSITE, OR (iii) ANY OTHER INTERACTIONS WITH MS ANNA'S MATH WORLD OR ANY THIRD-PARTY. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, MS ANNA'S MATH WORLD LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
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IN NO EVENT WILL MS ANNA'S MATH WORLD TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF THE WEBSITE OR YOUR INTERACTION WITH OTHER WEBSITE USERS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU TO MS ANNA'S MATH WORLD, IF ANY, FOR SERVICES.
Disclaimers
No Warranties
NO WARRANTIES:
THE WEBSITE, AND ALL DATA, INFORMATION, SOFTWARE, WEBSITE MATERIALS, CONTENT (WHETHER OWNED OR LICENSED), USER CONTENT, REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MS ANNA'S MATH WORLD PARTIES DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, AVAILABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MS ANNA'S MATH WORLD OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
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CONTENT:
MS ANNA'S MATH WORLD DOES NOT WARRANT THAT THE WEBSITE OR ANY DATA, USER CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE WEBSITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
WE MAKE NO REPRESENTATION OR WARRANTY THAT (1) OUR CLASSES, SERVICES, OR OFFERINGS WILL (A) MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR BE TO YOUR LIKING, OR (B) WILL BE TIMELY, SECURE, ACCURATE, FREE FROM ERRORS OR LOSS, OR UNINTERRUPTED, (2) THAT THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR (3) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. SOME FEATURES MAY BE NEW OR EXPERIMENTAL AND MAY NOT HAVE BEEN TESTED IN ANY MANNER.
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HARM TO YOUR COMPUTER:
YOU UNDERSTAND AND AGREE THAT YOUR USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINING OF CONTENT, WEBSITE MATERIALS, SOFTWARE, OR DATA THROUGH THE WEBSITE (INCLUDING THROUGH ANY API’S) IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS THEREFROM.
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LIMITATIONS BY APPLICABLE LAW:
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
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User Disputes
Ms. Anna's Math World is not responsible for the actions, content, information or data of other third parties, including other Users. You are solely responsible for your interactions with other users of the Services, and any other parties with whom you interact through the Service. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline interaction with any other person. We reserve the right, but have no obligation, to become involved in any way with these disputes.
If you have a dispute with one or more Users, you release Ms. Anna's Math World from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use, privacy or data. You waive your rights under any applicable statutes of a similar effect, to the fullest extent permissible under applicable law.
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Indemnification
You agree to indemnify, defend, and hold harmless Ms. Anna's Math World, its directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) from any claim or demand made by any third-party relating to or arising out of (i) your access to, use or misuse of the Services; (ii) your breach or alleged breach of these Terms, or any violation of the Terms; (iii) any breach of the representations, warranties, and covenants made herein, whether by you or by any Child User whose account you have approved as a Parent User; (iv) your failure to comply with Applicable Laws(including any failure to obtain or provide any necessary consent or notice); (v) the infringement by you or any third-party using your account of any intellectual property, privacy, or other right of any person or entity, including in connection with your User Content, or (vi) your breach or alleged breach of any interaction, agreement, or policy between you and any other Users. Ms. Anna's Math World reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Ms. Anna's Math World in asserting any available defenses. You agree not to settle any such matter without the prior written consent of Ms. Anna's Math World.
Disputes and Arbitration
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS. BY AGREEING TO BINDING ARBITRATION, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.
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Ms. Anna's Math World and you agree that any legal or equitable claim, dispute, action or proceeding arising from or related to your use of the Services or these Terms (“Dispute”) will be resolved as follows to the fullest extent permitted by law:
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In the event of a Dispute, you or Ms. Anna's Math World must give the other a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and a proposed solution (a “Notice of Dispute”). You must e-mail it to msannamathworld@gmail.com. Ms. Anna's Math World will send any Notice of Dispute to your email address. You and Ms. Anna's Math World will attempt in good faith to resolve any Dispute through informal negotiation after the Notice of Dispute is sent. If after sixty (60) days from the initial filing of the dispute, you or Ms. Anna's Math World may commence arbitration.
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Binding Arbitration:
Any Dispute which has not been resolved by negotiation as provided herein within sixty (60) days or such time period as you and Ms. Anna's Math World may otherwise agree, shall be finally resolved by binding arbitration. You are giving up the right to litigate (or participate in as a party or class member) all Disputes in court before a judge or jury. Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. The place of arbitration shall be Aurora, IL. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
Class Action Waiver:
Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Neither you nor Ms. Anna's Math World will seek to have any Dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. You may file a Dispute only on your own behalf and cannot seek relief that would affect other Users.
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Arbitration Fees:
To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
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Filing Period:
To the extent permitted by law, any Dispute under these Terms must be filed within one (1) year in an arbitration proceeding. The one-year period begins when the events giving rise to the Dispute first occur. If a Dispute is not filed within one year, it is permanently barred.
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Termination and Access Restriction
Ms. Anna's Math World reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, and you hereby consent to resolve any and all disputes arising under or related to this Website or the Terms of Use pursuant to the Arbitration Clause above. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
Entire Agreement
Unless otherwise specified herein, this agreement, along with the Privacy Policy and Disclaimer, constitutes the entire agreement between the user and Ms. Anna's Math World with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Ms. Anna's Math World with respect to the Website. 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 written in English.
Changes to Terms
Ms. Anna's Math World reserves the right, in its sole discretion, to change the Terms under which the Website is offered. The most current version of the Terms will supersede all previous versions. Ms. Anna's Math World encourages you to periodically review the Terms to stay informed of our updates.