TERMS OF USE

Welcome to Newton Education Solutions website (mathrunningrecords.com (the “Site”). By using this Site, you signify Your consent to these Terms of Use (the “Agreement”) and our Privacy Policy, recited separately. This Agreement constitutes a valid and binding agreement between Newton Education Solutions. (“Newton Education Solutions ”) and you (“You” and/or “Your”). Please read this Agreement carefully before using this Site. This is an important legal document. If You do not agree to these Terms of Use, please do not use the Site.

USE OF MATERIALS

This Site is owned and operated by Newton Education Solutions, and unless otherwise indicated its contents are the property of Newton Education Solutions and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that You may download and print copies of resources on this Site for individual classroom and personal use, provided You keep intact all copyright and other proprietary notices and do not modify the materials. Modification of the materials or use of the materials for any other purpose is a violation of Newton Education Solutions ’s copyright, trademark, and trade secret rights and others’ proprietary rights. For purposes of this Agreement, the use of any such material on any other web site or networked computer environment is prohibited, except as explicitly permitted by this Agreement or as agreed to in writing by Newton Education Solutions (including pursuant to any license agreement between You and Newton Education Solutions. All eBooks, .pdfs, videos, and other materials that Newton Education Solutions furnishes through this Site are the sole property of Newton Education Solutions and are protected to the fullest extent possible by U.S. and international copyright, trademark and other intellectual property laws. No part of any materials and content, digital or otherwise, may be reproduced or transmitted in any form or by any means except as noted below.

You may print copies of resources on this Site for individual classroom or personal use only. You are strictly prohibited from reproducing, retransmitting, distributing, publishing, commercially exploiting, or otherwise transferring any such materials in any format or medium whatsoever without written permission from Newton Education Solutions.

Disclaimer of Reliance. The Parties warrant and represent that no promise, agreement, representation, inducement, or condition which is not herein expressed has been made to either Party by the other, or any agent or representative of either Party to the other, in executing this Agreement. The Parties further warrant and represent they are not relying upon, and expressly disclaim, any such promise, agreement, representation, inducement, or condition which is not herein expressed in executing this Agreement. The Parties represent and warrant they are relying solely upon their own judgment in entering this Agreement.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

CHANGES TO SITE

Newton Education Solutions may add, change, discontinue, remove or suspend any portion of the Site (including eBooks, .pdfs, videos, and other materials offered through the Site) at any time, without notice.

TERMINATION

This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying all materials obtained from the Site and all related documentation and all copies and installments thereof whether made under the terms of this Agreement or otherwise. This Agreement will terminate immediately without notice from Newton Education Solutions , if in Newton Education Solutions ’s sole discretion You fail to comply with any term or provision of this Agreement, or if You engage in conduct that is illegal, tortious or that interferes with the technological operation of this Site. Upon termination, You must destroy all materials obtained from the Site and all copies thereof, whether made under the terms of this Agreement or otherwise.

PERMISSION FOR REPRINTS

All material on the Site is protected by U.S. and foreign copyright and trademark laws. In order to request permission to reprint any material on this Site (outside of personal, non-commercial or individual classroom use), please email Newton Education Solutions.com with “Permission for Reprints” in the subject line.

PERMISSION FOR WEB LINKING TO THIS SITE

If You link to the Site, the link must be in plain text, unless otherwise approved in advance by Newton Education Solutions . Any such link must not damage, dilute or tarnish the goodwill associated with Newton Education Solutions or any Newton Education Solutions intellectual property, nor may the link create the false appearance that Your web site or organization is sponsored, endorsed by, affiliated or associated with Newton Education Solutions . You may not link to the Site from any website that is unlawful, abusive, indecent or obscene, or that is otherwise inappropriate in Newton Education Solutions ’s sole discretion. Newton Education Solutions reserves the right, in its sole discretion, to terminate any link from any web site. Linking directly to our free download files online and/or storing these materials on other servers is prohibited. Links for viewing and downloading materials must take the user either directly to our Site – www.mathrunningrecords.com, or a specific page within the website (mathrunningrecords.com).

LINKED SITES

This Site may contain links to or from other website (the “Linked Sites”). These Linked Sites are provided for Your convenience only. Newton Education Solutions has not necessarily reviewed the information on those other Sites, nor is it responsible for the content of those or any other sites, or any products or services that may be offered through any Linked Sites. Different terms and conditions may apply to Your use of any Linked Sites.

Placing Orders for Goods

By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.

Your Information

If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

Order Cancellation

Newton Education Solutions reserves the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

• Goods availability
• Errors in the description or prices for Goods
• Errors in Your Order

Newton Education Solutions reserves the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors and Inaccuracies

Newton Education Solutions are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service (Newton Education Solutions/www,mathrunningrecrods.com) may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.

Newton Education Solutions cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. Newton Education Solutions reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Prices Policy

The Company reserves the right to revise its prices at any time prior to accepting an Order.

The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.

Payments

All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods Newton Education Solutions has available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If Newton Education Solutions does not receive the required authorization, Newton Education Solutions will not be liable for any delay or non-delivery of Your Order.

Subscriptions

Subscription period

The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.

At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.

Subscription cancellations

You may cancel Your Subscription renewal by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.

Billing

You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.

Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Fee Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then current Subscription period.

The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable. Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Accounts to the Site are avaialble only to persons who are at least 18 years of age. Minors may receive access keys in conjunction with an authorized subscription of an adult.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback

without restriction.

Termination

Newton Education Solutions may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

Newton Education Solutions makes no representations or warranties with respect to the Site or its contents, which are provided for use “as is” and “as available.” Newton Education Solutions disclaims all warranties, express or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose, with respect to the Site and any web site to which it is linked. Newton Education Solutions does not warrant the functions, information or links contained on the Site, or that its contents will meet Your requirements, that the Site or its contents are fit for any particular purpose, or that the operation of the Site or its contents will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available are free from viruses or other harmful components. Newton Education Solutions does not warrant or make any representations regarding the use or the results of the use of the materials on Newton Education Solutions in terms of their correctness, accuracy, reliability or otherwise. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to You.

Under no circumstances, including, but not limited to, negligence, shall Newton Education Solutions be liable for any special, incidental or consequential damages that result from the use of, or the inability to use, the materials on this Site, even if Newton Education Solutions has been advised of the possibility of such damages. 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 no event shall Newton Education Solutions ’s total liability to You for all damages, losses and causes of action (whether in contract or not (including, but not limited to, negligence) or otherwise) exceed the amount paid by You, if any, for accessing the Site, eBooks or other materials therein.

INDEMNIFICATION

By using this Site and/or the materials and eBooks provided herein, You agree to indemnify, defend and hold harmless Newton Education Solutions against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities and all costs and expenses of defense (including, without limitation, reasonable attorneys’ and other legal fees and costs) arising out of or relating to: (1) Your violation of this Agreement or any related law, rule or regulation; (2) a claim (by You or any third party) that is based on Your use of any content on the Site; or (3) any material uploaded by You or through Your computer to the Site or otherwise sent by You to Newton Education Solutions . You will cooperate as fully and reasonably as required by Newton Education Solutions in the defense of any claim brought against Newton Education Solutions by a third party. Newton Education Solutions reserves the right to assume the exclusive defense and control of any matter against it brought by a third party, subject to indemnification by You, and You will not in any event settle any claim brought by a third party without the prior written consent of Newton Education Solutions .

JURISDICTIONAL ISSUES

This Site is controlled and operated by Newton Education Solutions from its offices in Ct, United States of America. Newton Education Solutions makes no representation that materials on the Site are appropriate or available for use in other locations. Those who choose to access Newton Education Solutions from other locations do so on their and are responsible for compliance with local laws, if and to the extent local laws are applicable.

GENERAL

This Agreement shall be governed by and construed in accordance with the laws of the State of Connecticut, without giving effect to any principles of conflict of law. By using this Site, You and Newton Education Solutions each agree to submit to the exclusive jurisdiction of the courts of the state of Connecticut and the federal courts of Connecticut. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of the remaining provisions, and such provisions shall be deemed modified so that its purpose can be lawfully effectuated and enforced. This is the entire agreement between You and Newton Education Solutions relating to the subject matter herein.

Newton Education Solutions promotes or business on Twitter, Instagram, and Facebook. Twitter’s privacy policy is here. Instagram’s and Facebook’s privacy policy is here.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Federal Government End Use Provisions

If You are a U.S. federal government end user, our Service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if Newton Education Solutions have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

CHANGES TO THIS AGREEMENT

Newton Education Solutions reserves the right, in its sole discretion, to change this Agreement at any time by posting revised Terms of Use on the Site. It is Your responsibility to check periodically for any changes that Newton Education Solutions may make to these Terms of Use. Your continued use of this Site following posting of changes to these Terms of Use or other policies means that You accept the changes.

HOW TO CONTACT US

If you have any questions or comments about these Terms of Use or want to report a violation of these Terms of Use, please write to us at [email protected]

Last Updated March 1, 2022