TERMS & CONDITIONS
Last updated: November 26, 2018
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.avivlearning.com website and the Algebra Tycoon mobile application (together, or individually, the “Service”) operated by Aviv Learning Inc. (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant
to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the
description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our
advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any
information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic
basis (“Billing Cycle”). Billing cycles are set on a annual basis.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Aviv Learning Inc.
cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Aviv Learning Inc. customer
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Aviv Learning Inc. with
accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By
submitting such payment information, you automatically authorize Aviv Learning Inc. to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Aviv Learning Inc. 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.
Aviv Learning Inc. may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).
You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by Aviv Learning Inc. until the Free Trial has
expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription
fees for the type of Subscription you have selected.
At any time and without notice, Aviv Learning Inc. reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such
Free Trial offer.
Aviv Learning Inc., in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will
become effective at the end of the then-current Billing Cycle.
Aviv Learning Inc. will provide you with a 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 ffect constitutes your agreement to pay the modified Subscription fee amount.
Certain refund requests for Subscriptions may be considered by Aviv Learning Inc. on a case-by-case basis and granted in sole discretion of Aviv Learning
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and
current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your
computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. 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. You may not use as a username any name that is offensive,
vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
The Service and its original content, features and functionality are and will remain the exclusive property of Aviv Learning Inc. and its licensors. The
Service is protected by copyright, trademark, and other laws of both the United States 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 Aviv Learning Inc..
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Aviv Learning Inc.
Aviv Learning Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or
services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Aviv Learning Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for
any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership
provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Aviv Learning Inc. and its licensee and licensors, and their employees, contractors, agents, officers and
directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to
attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a
breach of these Terms.
Limitation Of Liability
In no event shall Aviv Learning Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental,
special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from
(i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content
obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort
(including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth
herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties
of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-
infringement or course of performance.
Aviv Learning Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available
at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or
d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages,
so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of New York, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held
to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement
between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice
prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to
the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us.
For updated Terms and Conditions see: