PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. This site is free to use by our visitors. And by using this site, you the user are agreeing to comply with and be bound by the following terms of use. After reviewing the following terms and conditions thoroughly, if you do not agree to the terms and conditions, please do not use this site.
User Agreement Last Updated: January 22, 2020
Welcome to Chafyaay Math, a product of Chafyaay Services, LLC. (together with its subsidiaries, products, and affiliates, “Chafyaay Math Prep” or “Chafyaay Math Prep” or “Chafyaay Math Academy” or “we” or “us”). By visiting ChafyaayMath.com (the “Site”), you agree to be bound by these Terms and Conditions. We reserve the right to change these Terms and Conditions at any time and will make the most recent version available on the Site. By using this Site and continuing to use the Site after any modifications, you agree to the terms and to be bound by any such changes. (“Chafyaay Math” or “We”) provides this Site on the following terms and conditions to each visitor, regardless of whether the visitor has an account, whether that account is paid, and whether their use of Chafyaay Math is through a parent, school, or other party. Please read these Terms of Service for All Visitors (“Terms” or “AVT”) carefully before using this Site, registering for its services or purchasing any of its products. By using this Site in any capacity, you agree to these Terms; if you do not agree to these Terms, you may not use this Site.
Your continuing use of this Site constitutes your acceptance of any modifications, revisions or updates to the Terms, all of which shall become effective. You agree that your interaction with the Site is solely with Chafyaay Math and none of the managers, shareholders, employees, or workers directly, and indemnify all parties other than Chafyaay Math from lawsuits and other disputes. You agree that if you had previous relationships with any parties above other than Chafyaay Math in use of the Site, that your continued use gives consent for that relationship to be transferred to Chafyaay Math.
Personal Use Only: This Site is for your personal use only. Commercial use of the Site or of any Site content is prohibited.
Operation of the Website
Chafyaay Math will use reasonable commercial efforts to keep this Site available for access on a 24 hour a day, seven day a week basis, subject to scheduled downtime for maintenance purposes, unscheduled maintenance, and systems outages. There are no assurances, however, that access will be available at all times and uninterrupted. Our hosting platform, for example, may become unavailable for short periods during system maintenance or updates beyond our control. Our video hosting platform, Vimeo, YouTube, or Zoom, may experience outages in service beyond our control for short or extended periods of time. Further, “Chafyaay Math” does not warrant that the operation of this Web Site will be error-free, that defects will be corrected, or that this Web Site or the servers that make it available are free from viruses or other harmful components.
You are solely responsible for obtaining telecommunications access to the Site and any fees (such as internet service provider or airtime charges) relating to such access. Similarly, you are solely responsible for all equipment necessary to access this Site. Users are responsible for maintaining a service connection capable of streaming video content.
Note to international Users: Chafyaay Math subscription video content is hosted on Vimeo.com, a site which may be blocked by some foreign governments, such as China’s. It is the User’s responsibility to obtain access that allows content from Vimeo servers and confirm that such access is not restricted by any international law, government or service provider access restrictions, web browser or firewall privacy settings, or telecommunications limitations.
Browser Support
The Chafyaay Math prep system may not support all web browsers or computer systems. Older web browsers, such as Internet Explorer, may not provide functional access to this site.Chafyaay Math recommends Google Chrome, Firefox, and Safari browsers. Best efforts will be made to provide support at all times for at least one browser for Mac and PC (Windows OS) systems. The course may not be compatible with all privacy settings on all browsers, as our servers must authenticate paid subscriber access of videos. Support for other operating systems and browsers is not guaranteed. Some school issued laptops, school WiFi networks, or library WiFi networks may restrict privacy settings in ways that are incompatible with our site.
Process to Access All Features
Some advertised features may not directly be accessible after logging in and payment. Such features must be requested by the user via email to [email protected], and up to 7 days may be required for the feature to be provided. The user agrees to make no claims that any feature is missing without first contacting [email protected] with a 7 day notice period. Please note that any materials advertised as “coming soon” or as in development are not guaranteed as part of your course offerings.
Furthermore, we reserve the right to change out specific materials available on the course, replace course content with similar or updated content, remove course content, or otherwise modify the course as necessary and ChafyaayMath’s discretion, so long as our course continues to offer a version of the general features and quantity of material advertised in our initial offering to you.
Accounts
If you enroll in any of ChafyaayMath’s test preparation services you will have an account and a password. Access to password protected portions of this Site is available for only so long as you have paid all required fees to ChafyaayMath. You are responsible for maintaining the confidentiality of your account and password and for restricting access to ChafyaayMath’s Site course material to anyone other than yourself. You agree to accept responsibility for all activities that occur under your account or password. ChafyaayMath reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. Your Account
Users enrolled via payment plans must make all payments on time. A failure to pay will lead to your account being put on hold until payment is completed as well as a $50 service fee if the payment does not clear within 24 hours of the initial failed payment. If your account is over 7 days in arrears, you will be expected to make a full payment in order to re-activate your account. If your account is over 10 days in arrears, your unpaid amount including the $50 service fee may be sent to a collection agency.
Links to Third Party Sites
We may display on this Site links to other web sites to provide you with useful information. ChafyaayMath is not responsible for the contents of such links, any linked site, or any link contained in a linked site. The display of any link does not imply endorsement by ChafyaayMath of the linked site. IN NO EVENT WILL CHAFYAAY MATH BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO THE USE OF OR RELIANCE ON ANY LINKED THIRD PARTY SITE OR ANY LINK CONTAINED ON ANY SUCH SITE.
Refunds
We do not offer refunds once the course has been purchased. We do not offer a score increase guarantee. Once the course has been purchased and thus “unlocked,” we do not offer “prorated” refunds. For example, if you purchase the 1-year course but later decide you only want 6 months access, you are not entitled to receive the difference between the 1-year price and the 6-month price.
Recourse
In the case Supertutor Media is not able to deliver the services purchased, Supertutor Media may offer you a partial, pro-rated, or full refund in return for cessation of all remaining services. Our obligation to you shall be no more than an amount equivalent to the prorated cost based on the amount of subscription time on the course remaining, minus the full retail value of the Official ACT Prep Guide. Supertutor does not refund shipping fees. Further, Supertutor may terminate its relationship with any customer for any legal reason, or no reason at all if legal, at Supertutor’s discretion by offering the customer a full refund of all amounts paid. Supertutor’s maximum liability shall not exceed the actual purchase price paid for the account or products, and in no event shall Supertutor be liable for loss of, damage to, or corruption of data stored with Supertutor about your account, or for special, incidental, consequential, or indirect damages whatsoever, including without limitations teaching strategies or content that is ineffective, faulty, or incorrect.
Package Extensions or Retakes
Package Extensions, or the allowance of students to access the package for longer than the six month (or one year, when applicable) period, may be granted at the discretion of Chafyaay Math. Students who have a Package Extension must accept any ongoing changes to the package that Chafyaay Math makes to the package. Students who have a Package Extension are not entitled to upgrades or transference of their account to any other version / test of the package, even if the original test version is discontinued. If a Package Extension is paid for, then the payment for the Package Extension has no trial refund period.Chafyaay Math. reserves the right to deny package extensions at its sole discretion. If Chafyaay Math believes a purchaser is not an individual, single user student or is using the program for a purpose other than studying for the ACT for admission to an undergraduate college program (i.e. the program is purchased on behalf of a private tutor or institution), it furthermore may limit subscriber ability to purchase an extension or may offer such extensions at different subscription rates. Chafyaay Math further reserves the right to require proof of registration for future ACT test dates or previous test dates, or other proof of status including but not limited to student transcripts or copy of a student ID, to confirm student intentions.
Account Cancellation
Any admin may cancel any account associated with the organization by sending an email to Chafyaay Math (info@Chafyaay Math.com). Cancelled accounts may be erased the moment such an email is received, and usage data, historical grades, scores, and other information associated with the account may not be maintained.
One Person Per Account
You agree both directly and through your administrators to only allow one natural person to use each account purchased. By way of example, if Simon and FeiFei are two people in a class, they many not actively prepare using the same account; likewise, if Simon uses an account for 4 months, she may not pass in on to FeiFei who uses it for another 2 months. This limitation does not include having a person debug an account or otherwise help that first person, as long as such time is limited to less than 5% of the total access time.
Software and Site Updates
The Chafyaay Math website across-the-board improvements, feature additions, bug fixes, changes, and generally “software updates.” The organization agrees that for each account, Chafyaay Math has no responsibility to maintain backwards compatibility or preserve the layout of the account. The organization agrees to allow each account to be updated to the latest version of the site along with the rest of the site.
Children
The Site is intended for the use of adults 18 years or older and children over the age of 13.You are not permitted to use the Site if you are under the age of 13. By using the Site, you agree to provide us with accurate information concerning your age or identity if we request it. You also agree not to assist children under the age of 13 in accessing the Site or to attempt to contact children under 13 through the Site.
Copyrights
All content, applications, digital downloads, data compilations on the Site and all text, photographs, graphics, video and audio included in them (“Site Materials”) are the property of or licensed to Chafyaay Math. The Site contains material that is protected by copyright, trademark, or other intellectual property rights, and the Site themselves are protected as a collective work under the copyright laws of the United States and other countries. Except for User Content (defined under User Content section below) that you own, you may not modify, publish, transmit, create derivative works from, or in any way exploit, any component of the Site Materials. Furthermore, you may not download any component of the Site Materials that is not explicitly listed as a downloadable material. For example, videos are not to be downloaded, but Math downloadable worksheets may be downloaded.
You may download one copy of any material you can access from the Site for your internal use only, provided that you do not modify such materials or delete or modify any trademark, copyright or other proprietary notices thereon. Any and all downloadable content is for the sole use of the subscriber and all materials must be removed from the subscriber’s computer and any copies disposed of upon expiration of the subscription. Downloadable content may not under any circumstances be shared with non-subscribers. For example, a tutor or teacher may not subscribe to the course and print or email worksheets to his students who are not subscribers. Any unauthorized use of this Site terminates the permission granted by Chafyaay Math for your use of this Site. Trademarks: The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on the Site are the registered and unregistered Trademarks of Chafyaay Math Prep and of Chafyaay Math’s licensors. You may not use the Trademarks in connection with any product or service that does not belong to us, or in any manner that is likely to cause confusion among users about whether we are the source, sponsor, or endorser of the product or service, or in any manner that disparages or discredits us. You may not frame the content of the Site without express, written consent by Chafyaay Math. You may not use metatags or any other “hidden text” that incorporates the Chafyaay Math Trademarks or our name without our express written consent.
User Content
By submitting content, regardless of form or medium, (collectively, “User Content”), you grant us a non-exclusive, perpetual, irrevocable, world-wide, royalty-free, license to use, publish, publicly display and sublicense User Content, in whole or in part, in original form or as edited or modified by us, in all languages, forms and media, on the Site and elsewhere, unless otherwise agreed to in writing. We reserve the right, but not the obligation, to edit, modify and/or remove your Content without prior notice.
You are solely responsible for your User Content, and you represent that you will not: (I) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (II) use a false identity or impersonate any other person or use a name that you are not authorized to use; (III) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, or give rise to civil liability or is otherwise inappropriate.
DISCLAIMERS; LIMITATIONS ON LIABILITY. YOUR USE OF THE SITE IS AT YOUR OWN RISK. ALL INFORMATION ON THE SITES AND/OR INCLUDED IN E-MAILS DISTRIBUTED TO YOU BY US IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF NON-INFRINGEMENT OR ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN NO EVENT SHALL KAPLAN BE LIABLE TO YOU FOR ANY DAMAGES (INCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. Linked Site: We do not endorse and are not responsible for the availability or content of other services that may be linked to our Site.
Waiver of Jury Trial
The parties hereby irrevocably waive any and all right to trial by jury in any legal proceedings arising from or relating to these Terms and Conditions.
Choice of Law and Forum: Any dispute between us arising from or related to these Terms and Conditions will be governed by California law and the exclusive forum for disputes arising from or related to this agreement shall be the state and federal courts of California.
Sever ability
If any provision of this Agreement is ruled unenforceable, that provision will be severed from this Agreement, and the other provisions will remain effective and enforceable.
By mail: Attn: Name of Designated Agent
LEGALINC CORPORATE SERVICES INC. 1870 THE EXCHANGE, SUITE 200-44, ATLANTA, GA, 30339, USA
All comments, queries and requests relating to our use of your information are welcomed and should be addressed as follows: By mail:
Disclaimer
ACT™ is a registered trademark of ACT, Inc. ACT, Inc. does not endorse, nor is affiliated in any way with the owner or any content of this website. SAT is a registered trademark of the College Board. The College Board does not endorse, nor is affiliated in any way with the owner or any content of this website. Khan Academy does not endorse, nor is affiliated in any way with the owner or any content of this website.
Acceptance of Agreement
You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement (Agreement) with respect to our site (the Site). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, free product samples or freebie offers or services provided by or listed on the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and at any frequency without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
Copyright
The content, organization, graphics, design, and other matters related to the Site are protected under applicable copyrights and other proprietary laws, including but not limited to intellectual property laws. The copying, reproduction, use, modification or publication by you of any such matters or any part of the Site is strictly prohibited, without our express prior written permission.
Deleting and Modification. We reserve the right in our sole discretion, without any obligation and without any notice requirement to you, to edit or delete any documents, information or other content appearing on the Site, including this Agreement.
Indemnification. You agree to indemnify, defend and hold us, our officers, our share holders, our partners, attorneys and employees harmless from any and all liability, loss, damages, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
Disclaimer
THE CONTENT, SERVICES, FREE PRODUCT SAMPLES AND FREEBIE OFFERS FROM OR LISTED THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE AND ANY WEBSITE WITH WHICH IT IS LINKED. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF MONEY, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU THE USER. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. THE INFORMATION AND ALL OTHER MATERIALS ON THE SITE ARE PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL ADVICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION AVAILABLE ON THIS SITE OR ANY WEBSITE WITH WHICH IT IS LINKED.
Third-Party Website(s)
All rules, terms and conditions, other policies (including privacy policies) and operating procedures of third-party linked websites will apply to you while on such websites. We are not responsible for the content, accuracy or opinions express in such Websites, and such Websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Website on our Site does not imply approval or endorsement of the linked Website by us. This Site and the third-party linked websites are independent entities and neither party has authority to make any representations or commitments on behalf of the other. If you decide to leave our Site and access these third-party linked sites, you do so at your own risk.
Submissions
All suggestions, ideas, notes, concepts and other information you may send to us (collectively, “Submissions”) shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
