Terms of Service
Terms of Service
Last Modified: September 9, 2021

1. General Terms

This Terms of Service (the “Agreement”) serves as a binding legal contract between Libro Studio LLC, a Minnesota limited liability company (“we”, “us”, or “our”) and you (“you”, “your” or “user”). This Agreement governs your use of HumbleMath.com, and/or any of our third-party pages, accounts, or social media (collectively or individually, the “Site”), together with all information, content, products (whether free or purchased), materials and services we make available to you through the Site (which, together with the Site, shall be collectively and individually referred to as the “Services”). By accessing the Site and/or using any of the Services, you are agreeing to be bound by this Agreement, which includes our Privacy Policy. If you do not agree with any of these terms, you are prohibited from using or accessing the Site or any Services. When we refer to the “use” of the Services in this Agreement, we mean any actual or attempted access or use of the Services, including, without limitation, any transmission or exchange of information or communication associated with the Services. To the extent there is no signed, written agreement expressly altering the terms herein, this Agreement, together with our Privacy Policy, constitute the entire agreement between you and us, superseding any and all prior or inconsistent understandings, representations, or agreements regarding the Services. 

We may amend this Agreement at any time without specific notice to you. The latest version of the Agreement will be posted on the Site. You acknowledge and agree that you will review this Agreement for any updates each time prior to using the Site, and that you will be bound by any such revisions by proceeding to use the Site. 

2. Persons Under the Age of 18. 

Persons who are under 18 years old may not submit any information to us without parental consent.  

3. User Restrictions

You acknowledge, agree, warrant, and represent as follows:

A. You will use the Site in a manner consistent with any and all applicable laws and regulations.

B. You will not use any Service to violate any applicable law, violate the legal rights of any person or entity, engage in defamation or harassment, or make any racial or discriminatory statements (whether pertaining to religion, gender, race, sexual orientation, nationality, or political beliefs).
   
C. You will not insert or cause to be inserted any HTML, JavaScript, PERL, or any other form of computer code into any user account data field on the Site or into any webpage on the Site.

D. You will not upload, or cause to be uploaded, on the Site viruses or other similar malicious code.

E. You will abide by the CAN-SPAM Act (15 U.S.C. §§7701-13) when utilizing any Services. You may not use the Site to bombard individuals or groups with uninvited commercial email, sexually explicit commercial email or engage in other activities in violation of the CAN-SPAM Act, such as, but not limited to: (a) harvesting email addresses from the Site; (b) falsifying or using misleading header information; or (c) using deceptive subject lines. You may not promote your or others’ products or services through uninvited commercial emails or any other means without our express written consent.

F. You will not engage in any conduct, or assist a third party who engages in conduct, that could disable, overburden, or impair the proper working of the Site, such as a denial of service attack. 

G. You will not use the Site or engage in any conduct or action related to the Site, unless the use, conduct, or action is clearly permitted, either expressly by this Agreement or the intended use and purpose of the Site. 

H. You will not access, monitor, or copy any content or information using any manual or automated process, including by robot, spider, scraper, for any purpose without express written permission from Libro Studio LLC. 

4. Third-Party Links

As a courtesy to users, we may provide links to other websites or resources owned and operated by third parties. Libro Studio LLC has no control over such websites and resources; therefore, you acknowledge and agree we are not responsible for the availability of such external websites or resources and are not responsible or liable for any content, advertising, products, services, or other materials on or otherwise made available via such websites or resources. You further acknowledge and agree we shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on, any such content, goods, or services.

5. Marketing; Product Offers; Affiliate Commission

By providing us with your contact information, you are authorizing us to promote and market to you other products or Services we believe may be of interest to you. These products or services may be our own or those being offered by our affiliates or other third parties. If we have some type of affiliate relationship with such a third party, and you purchase a product or service from them, we will likely make a profit or be paid commission from the sale. You agree, represent, and warrant that we shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with your use of, or reliance on, any information, product, or services offered or provided by any such affiliate or third party.

6. Amazon.com Disclosure

We are a participant in the Amazon Services LLC Associates Program. This is an affiliate advertising program designed to provide a means for websites to earn referral/advertising fees by advertising and linking to Amazon.com. If you purchase a product via those links through Amazon, Amazon will pay us a referral fee.

7. Right to Terminate and/or to Block Access

Libro Studio LLC reserves the right to terminate, block, or restrict your access to, or use of, the Site or any Services for any breach or suspected violation of any provision of this Agreement. In such an event, we may terminate this Agreement, restrict, suspend, or terminate your access to and use of the Services immediately and without notice or liability, with or without cause, and it will not limit any other rights or remedies which are available to us. You may terminate this Agreement by providing us with written notice of your termination and ceasing to use or access the Services. Unless specifically and expressly stated otherwise, termination is your sole right and exclusive remedy if you are not satisfied with the Services. Upon the effective date of any such termination, your right to access and use the Services shall immediately cease.

8. Disclaimer of Warranties

WE DO NOT WARRANT OR GUARANTEE UNINTERRUPTED ACCESS TO THE SITE, ANY SERVICES, OR ANY WEBSITE LINKED TO THE SITE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THIS SITE, ANY INFORMATION ON THIS SITE, AND/OR THE SERVICES.

Unless specifically and expressly stated otherwise, WE PROVIDE ANY AND ALL SERVICES ON AN “AS IS” BASIS AND GRANT NO WARRANTIES OF ANY KIND—EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Libro Studio LLC does not guarantee, in any manner whatsoever, the accuracy, completeness, or usefulness of any Services. You agree, warrant, and represent that Libro Studio LLC is not responsible for the accuracy or reliability of any opinion, advice, or statement made on the Site or through any Services, and under no circumstances will Libro Studio LLC be responsible for any loss or damage resulting from your use of or reliance on the information made available through any Services. The content appearing on the Site (“Content”) could include technical, typographical, or photographic errors. We do not warrant that any of the Content on the Site is accurate, complete, or current. We may make changes to the Content on our Site at any time without notice; however, we are not obligated, and do not make any commitment, to update any Content.

9. Limitation of Liability and Release

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE, NOR OUR OWNERS, SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER FORM OF DAMAGES IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, YOUR USE OF THE SITE, OR ANY SERVICES, REGARDLESS IF CAUSED BY OUR NEGLIGENCE OR GROSS NEGLIGENCE AND REGARDLESS OF THE FORM OF ACTION, THE BASIS OF THE CLAIM, OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

IN THE EVENT YOU HAVE ANY DISPUTE WITH ONE OR MORE THIRD PARTIES AS A RESULT OF YOUR USE OF THE SITE OR THE SERVICES, OR ARE IN ANY WAY DAMAGED AS A RESULT OF ANY THIRD PARTY IN CONNECTION THEREWITH, YOU HEREBY RELEASE AND COVENANT NOT TO SUE OR OTHERWISE MAKE A CLAIM, DEMAND, OR FILE ANY LEGAL ACTION OR INSTITUTE ANY LEGAL OR REGULATORY PROCEEDINGS AGAINST US, OUR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, OR ATTORNEYS FOR ANY CLAIMS, ACTIONS, DEMANDS, OR DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL), OF WHATEVER KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHETHER FORESEEABLE OR NOT, DISCLOSED OR UNDISCLOSED.

THE TOTAL AGGREGATE LIABILITY OF LIBRO STUDIO LLC UNDER THIS AGREEMENT, WHETHER ARISING OUT OF BREACH OF CONTRACT (INCLUDING BUT NOT LIMITED TO BREACH OF WARRANTY) OR TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT YOU ACTUALLY PAID TO LIBRO STUDIO LLC UNDER THIS AGREEMENT FOR THE APPLICABLE SERVICES. IN JURISDICTIONS WHERE LIMITATIONS ARE PROHIBITED, THE MAXIMUM DAMAGES SHALL NOT EXCEED THE STATUTORY LIMIT.

IF YOU ARE A CALIFORNIA RESIDENT, THEN BY ACCEPTING THIS AGREEMENT, YOU ARE WAIVING CALIFORNIA CIVIL CODE SECTION 1542 WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR”.

10. Indemnity

You agree to defend, indemnify, and hold us harmless against any losses, expenses, costs or damages (including our attorneys’ fees, expert fees’ and other costs of litigation) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of the terms and conditions contained in this Agreement, (b) your use of the Services, and/or (c) the use of the Services by any other person using your identification. We may, if necessary, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement that may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and upon notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding obligation to defend will end; however, your duty to indemnify shall continue.

11. Governing Law

This Agreement shall be governed in accordance with the laws of the State of Minnesota, USA, notwithstanding any conflict-of-law provisions to the contrary. 

12. Waiver of Jury Trial

You hereby irrevocably waive your right to trial by jury in any action or proceeding arising out of this Agreement or the transactions relating to its subject matter.

13. Jurisdiction; Disputes

 Any and all disputes between the parties shall be litigated in the applicable courts located in Kandiyohi County, Minnesota, and the parties expressly waive any objections to such jurisdiction and venue and irrevocably consent and submit to the personal and subject matter jurisdiction of such court in any action or proceeding. 

14. Attorneys’ Fees and Costs

If any arbitration, proceeding, or action shall be brought to recover any amount under this Agreement, or on account of any breach hereof, or to enforce or interpret any of the terms, covenants, or conditions of this Agreement, the prevailing party shall be entitled to recover from the other party, as part of the prevailing party’s costs, reasonable attorneys’ fees, the amount of which shall be fixed by the court and/or arbitrator, and shall be made a part of any award or judgment rendered (regardless of whether or not the matter is contested).

15. Assignability

This Agreement is personal to you. You may not assign this Agreement or the rights and obligations hereunder to any third party.

16. Waiver

No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same of other provisions of this Agreement.

17. Severability; Construction

If any term, clause, or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause, or provision and such invalid term, clause, or provision shall be deemed to be severed from the Agreement. The language in all parts of this Agreement will be construed as a whole according to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments hereto.  

18. Survival Of Terms

Any provision of this Agreement which by its nature may survive the termination of this Agreement shall survive such termination.

19. Limitation On Actions

 You agree that any claim or defense arising out of or relating to the use of the Site or Services, or otherwise relating to this Agreement, must be brought or asserted by you within one (1) year after the action or inaction occurred that gave rise to such claim or defense or will be forever barred, regardless of any statute of limitations, time of discovery statute, or rule, savings statute, tolling statute, or doctrine, equitable doctrine, or other theory that may be used to extend the time in which a claim or defense can be asserted. This limitation provision shall not apply to Libro Studio LLC’s claims or defenses asserted against you and/or any related third-party. 

20. Entire Agreement

 This Agreement constitutes the entire understanding of the parties, and revokes and supersedes all prior agreements between the parties and is intended as a final expression of their agreement. It shall not be modified or amended except in writing or Site posting by Libro Studio LLC. The Site, as posted and amended in the future, and this Agreement, as posted and amended in the future, shall be the valid document respecting the rights and obligations of Libro Studio LLC and the user.


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