Welcome to the Mathematica.org website (the “Website”). These Terms of Use (the “Terms”) govern your access to and use of the Website and any of the content and materials made available on our Website. By using the Website, you agree to these Terms. If you do not agree to these Terms, do not participate in the use of the Website.
Limited Use
The Website and its entire contents are owned by Mathematica or other providers of such material and are protected by United States and international copyright, trademark, and other intellectual property laws. You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website in any way that violates any applicable federal, state, local, or international law or regulation.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that content or materials made available from the Website will be free of viruses or other destructive code. USE OF THE WEBSITE IS ON AN "AS IS" BASIS AT YOUR OWN RISK. MATHEMATICA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF ANY OF the MATERIALS OR CONTENT Of THE WEBSITE, THEIR ACCURACY, SECURITY, FUNCTIONALITY, AVAILABILITY, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR-FREE. MATHEMATICA HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL MATHEMATICA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF USE OR PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE TOOLS OR CONTENT OF THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL MATHEMATICA’S AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THE TOOLS OR CONTENT OF THE WEBSITE EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
Termination
We reserve the right to withdraw or amend this Website, and any content or materials we provide on the Website, at 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. You are free to stop using this Website and any of the content and/or materials at any time. We may also terminate your use of all or part of the Website for any reason, at our discretion. After any such termination, these Terms will continue to apply with respect to any prior use of the Website.
Links to Third-Party Resources
If the Website contains links to other content and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Trademarks
The Mathematica name and logo, the PROGRESS TOGETHER trademark, and all related names, logos, product and service names, designs, and slogans are trademarks of Mathematica. You must not use such marks without Mathematica’s prior written permission. All other names, logos, product and service names, designs, and slogans on this website are the trademarks of their respective owners.
Intellectual Property Rights
The Website and its contents, features, and functionality are owned by Mathematica, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use the Website for your personal, non-commercial use only. Unless otherwise marked or indicated, you must not modify, publish, or display any of the content or materials on our Website; use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or delete or alter any copyright, trademark, or other proprietary rights notices from copies of content or materials from this Website.
Changes to Terms and Notification
We may revise these Terms from time to time, at our sole discretion, effective immediately. We may notify you of changes by posting an updated version of the Terms where we posted previous versions. By continuing to access or use the Website after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, you must stop using the Website.
Governing Law and Jurisdiction
These Terms and any claim or dispute arising out of or relating to the Website or these Terms ("Dispute") will be governed by the laws of the State of New Jersey, without respect to its conflict of laws principles. The exclusive place of jurisdiction for all Disputes is Mercer County, New Jersey, or the United States District Court for the District of New Jersey.
Arbitration
In the event of any Dispute, you agree to first contact Mathematica and try to resolve the Dispute with us informally. If we haven’t been able to resolve the Dispute with you informally, we each agree to resolve any Dispute through binding arbitration or, with respect to Disputes that qualify for U.S. small claims court, in U.S. small claims court.
The Federal Arbitration Act and federal arbitration law apply to these Terms. There is no judge or jury in arbitration, and court review of an arbitration award is limited. It is important that you understand that the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us at the address at the end of these Terms. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts, including for matters related to intellectual property or violations of these Terms.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR OTHER REPRESENTATIVE PROCEEDING AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT APPLY TO YOU IF AND TO THE EXTENT THAT SUCH RIGHTS CANNOT EFFECTIVELY BE WAIVED OR THAT A WAIVER WOULD VIOLATE MANDATORY APPLICABLE LAW. To the extent any Dispute isn’t arbitrable under applicable laws or otherwise, such Dispute shall be resolved in accordance with the other sections of these Terms.
Miscellaneous
If any provision in these Terms is illegal or unenforceable, the provision will be limited or eliminated to the minimum extent necessary and all other provisions of these Terms will continue in full force and effect. These Terms constitute the entire agreement between you and Mathematica concerning the Website and supersede any additional or prior agreements.
Your Comments and Concerns
This website is operated by Mathematica Inc., 600 Alexander Park, Suite 100, Princeton, NJ 08543-2393. Questions regarding these Terms should be directed to Mathematica at legal@mathematica-mpr.com or by contacting us at:
Mathematica Inc.
Attn: Legal Dept
P.O. Box 2393
Princeton, NJ 08543-2393