1. PRODUCT ACCESS BY MINORS. First In Math is a digital product intended for use by students under the guidance of teachers, parent/guardian or other authorized school personnel and as part of a school’s education program or parent's individual purchase. Throughout these terms, the use of “you” and “yours” references the school district or school purchasing the product for use by its students. First in Math does not market its product directly to students; does not provide students with direct access to its product; and does not collect personal information of students using its product. Any responsibility for adhering to federal and or state legal requirements related to permitting minors to access the product or collecting personal information of minors as part of providing access to the product is Yours and you agree to hold First in Math harmless for any third-party claims related to or arising out of any such access of the product by minors.
2. PRICING. Licenses are sold on a per-student basis and our volume-price structure ranges from $10 per license to $8 for an academic year. Licenses are valid from August 1 through July 31.
3. PAYMENT. Upon receipt of a Purchase Order, First In Math will issue you an invoice. Complete payment of the amount of the stated purchase price is due within thirty (30) days of the invoice date.
The full invoice amount must be paid either by check, ACH, or by credit card.
All checks should be mailed to:
First In Math
Suntex International Inc
3311 Fox Hill Road
Easton, PA 18045
4. CANCELLATION AND REFUND. No cancellation will be accepted, and no refund issued, if it is more than thirty (30) days beyond the date of purchase for the licenses purchased. For cancellations and refunds of the licenses tendered to be accepted, the Seller must receive written notification of the cancellation within 30 days of purchase.
5. LICENSES. FIM grants the right to provide access, through unique log-in IDs, to the number of students for whom licenses have been purchased. Teacher, principal and District administrators receive log in credentials at no additional cost. You agree to be responsible for the accounts, to monitor their use of their accounts, and to indemnify, defend and hold us harmless for any claims arising out of or related to their use of First In Math website and services. To the extent that these individuals are minors, you consent to our collection of their personal information as described in our Privacy Policy - https://explore.firstinmath.com/privacy?cc=us These licenses will be activated immediately upon receipt of your payment unless another date is specified or agreed to. Activation confirmation will be sent to the e-mail address provided by the school or individual completing the purchase.
6. PRIVACY. If you are a school, district, or teacher, you represent and warrant that you have permission and authorization from your school and/or district to use the Services as part of your curriculum, and agree that you are responsible for complying with Children’s Online Privacy Protection Act (“COPPA”) compliance. You represent and warrant that you are entering into these Terms on behalf of your school and/or district.
7. INTELLECTUAL PROPERTY RIGHTS. Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that the Content and Web Site are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
8. ERRORS AND CORRECTIONS. FIM does not represent or warrant that this Web Site will be error-free. FIM does not warrant or represent that the information available on or through this Web Site will be correct, accurate, timely, or otherwise reliable. FIM may make improvements and/or changes to its features, functionality or Content at any time.
9. DISCLAIMER. THIS WEB SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. FIM EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FIM DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO:
• ANY ERRORS IN OR OMISSIONS FROM THIS WEB SITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES ;
• THE UNAVAILABILITY OF THIS WEB SITE OR ANY PORTION THEREOF,
• YOUR USE OF THIS WEB SITE, OR
• YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEB SITE.
10. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT FIM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OR INABILITY TO USE THIS SERVICE. IN ALL INSTANCES, DAMAGES SHALL BE CAPPED AT ONE MONTH’S FEES.
11. SEVERABILITY. If any provision of this agreement is deemed invalid, illegal, or unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions of this document, which shall remain in full force and effect.
12. GOVERNING LAW. The relationship between you and FIM are governed by the laws of the State of Pennsylvania without regard to conflict of law provisions.
13. ENTIRE AGREEMENT. This document, which incorporates the Terms of Service by reference, is the final expression of the agreement between Purchaser and Seller and supersedes all prior representations, understandings, and agreements between the Purchaser and Seller relating to its subject matter. This document cannot be modified, amended, or changed except in writing and signed by FIM.