AllSet Learning
Terms of Service

If you do not accept these Terms of Service, please do not use the AllSet Learning Hub (the Website) and do not sign up for one of our courses or otherwise use our Services.

1. GENERAL INFORMATION

1.1. Terms of Service

These Terms of Service (hereinafter - the “Terms”) describe the terms and conditions applicable to your access and use of the websites made available through or in connection with the “Services”. The AllSet Learning website means www.AllSetLearning.com (the “Website”) , and its subdomains (such as hub.AllSetLearning.com) and is an online platform intended to be used by students and tutors in connection with the Services.

Use of the Services of AllSet Learning (as defined above) is subject to these Terms of Service (the “Terms”) and any other rules or policies that are published on the Website that apply to specific activities in which you participate.

You agree that by using Services and providing the respective consent, you are agreeing to enter into a legally binding contract with AllSet Learning and indicate your unconditional acceptance of these Terms, on your own behalf and, if you are an Individual or Company, on behalf of the Student represented by you who uses our Services.

You are entering into these Terms with AllSet Learning LLC (referred to as “AllSet Learning”, “we” and “us”), limited liability company registered and organized under the laws of the state of Nevada. These Terms, as well as the Refund and Payment Policy, Privacy Policy, and Cookies Policy, are legally binding agreements governing relationship between AllSet Learning and any

User or visitor of the Website and Services.

As a User or a visitor of our Services, the collection, use and sharing of your personal data is subject to the Privacy Policy, Cookies Policy, AllSet Learning Blog Privacy Policy and the respective updates. For more information about when, where, and why we collect personal data, how we use it, the conditions under which we may disclose it to others, your rights in respect of your personal data, please refer to our Privacy Policy.

1.2. Services of AllSet Learning

You may be accessing and using the Website, Service and Software of AllSet Learning as (i) a Student, (ii) a Tutor, (iii) a Company, or (iv) a visitor simply using the functionality, including that of the Blog (“news”), and/or reviewing the content, that is publicly available on the Website (e.g. Chinese Grammar Wiki content).

Throughout these Terms “you” or “your” may refer as applicable to the Student, each Tutor and Company accessing or using any of our Services (each the "User").

Our platform provides students (“Students”) with personalized study material as well as tutors (“Tutors”) to provide focused online one-to-one lessons. The “Services” include the Website (AllSet Learning Hub) and any AllSet Learning related mobile device application (the “Software”), our online wikis, other services and features available through the Software, and AllSet Learning News (the “Blog”).

1.3. AllSet Learning Hub

AllSet Learning Hub is an online learning platform tool provided by AllSet Learning to support audio and/or video lessons between Students and Tutors. Students can schedule lessons easily through the Hub, which also facilitates the use of third party software to conduct online lessons.

The AllSet Learning Hub also provides learning materials to both Students and Tutors which are to be used in the Student's lessons. The Student and Tutors are granted access to these materials but are not granted commercial use. Unless explicitly stated otherwise, these learning materials are copyright AllSet Learning and may not be shared, published, or used online or in apps.

1.4. Amendments to these Terms

We reserve the right to change these Terms from time to time for any reason by posting of the updated Terms to our Website with indication of the modification date at the bottom of this page. Please check this page to ensure that you’re happy with any changes. The additional notifications on any amendments will be sent to your email. By continuing to use the Services following amendment of these Terms, you consent to be bound by the Terms as amended.

2. OBLIGATIONS

2.1. Services Eligibility

AllSet Learning Services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 but older than 13 may use our Services only in conjunction with and under the supervision of a Parent. In this case, the Parent is responsible for any and all activities of the Student.

2.2. Verification

As part of the Services, we attempt to verify Tutors' ID (passport, driver’s license etc.) and claimed educational credentials (educational background documents, as diplomas, certificates etc.). We do not control and are not responsible for any information provided by any Tutor with the aim of such verification. Furthermore, we do not endorse or make any representations or warranties regarding the reliability of the verification or Tutors themselves.

AllSet Learning cannot confirm that each User is who they claim to be. You agree and understand that you assume all risks when using the Services, including without limitation any and all of the risks associated with any online or offline interactions with other Users.

While we use good faith efforts to confirm that each Tutor on our Website is a legitimate instructor, we are not able to provide any assurances regarding the trustworthiness of Tutors and the information they provide via our Website. When interacting with other Users you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. Neither AllSet Learning nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any User of the Services. AllSet Learning and its affiliates and licensors will not be liable for any claim, injury or damage arising in connection with your use of the Services.

2.3. Privacy

You may use the Website and Blog without providing personally identifiable information. To use the Services we may require provide us consensually your personal data. Please refer to our Privacy Policy for additional information on our practices for handling, processing and securing user’s personal data. When you choose to register for or participate in Services or other events in relation to the Services, you agree that you will provide accurate, complete, and up to date personal data as requested on the screens that collect information from you.

2.4. Payment

We may use third party payment services (Stripe, PayPal, WeChat, AliPay, TransferWise) to bill you, as Students, through an online account payment in lieu of directly processing your credit/debit card information. Please read more about the privacy security in our Privacy Policy. These payment services are enabling your transfer and receipt of funds as payment for Services provided on the Website. If you make payments via our Website or through any related service, you agree that your activities are subject to our additional payment terms specified in the Refund Policy.

2.5. Refund

AllSet Learning strives to ensure clear understanding of financial relations between Students and Tutors with respect to the Services we provide. In case you are not satisfied with the Services or any other reason applicable you may be eligible for a refund in accordance with the terms outlined in the Refund Policy on the Website. To the fullest extent permitted by law, any refunds at any time are at our sole discretion only.

Companies using AllSet Learning’s Services are not eligible for refunds. Funds may be reallocated between Company employees (Students) in the event that a Company deems an employee no longer eligible for AllSet Learning’s Services, or in the case where a Company Employee (Student) elects to change tutors.

3. RIGHTS AND LIMITS

3.1. Your License to AllSet Learning

In case you are a Student, AllSet Learning hereby grants to you, on the Terms set forth herein, a nontransferable, non-sublicensable, non-exclusive, limited right to access and use the Services and the Software solely for your non-commercial, personal use and subject to the policies and restrictions that we post on our Website from time to time.

In case you are a Tutor, AllSet Learning hereby grants to you, on the Terms set forth herein, a nontransferable, non-sublicensable, non-exclusive, limited right to access and use the Services and the Software solely for the delivery of your personal services to your clients (i.e. Students) and subject to the policies and restrictions that we post on our Website from time to time.

You agree not to view, copy, or procure content or information from the Website and Software by automated means (such as scripts, bots, spiders, crawlers, or scrapers), or to use other data mining technology or processes to frame, mask, extract data or other materials from the Website and Software (except as may be a result of standard search engine or Internet browser usage), unless formally authorized by AllSet Learning under separate written agreement.

No materials from the Services may be copied, reproduced, modified, republished, downloaded, uploaded, posted, transmitted, or distributed in any form or by any means without AllSet Learning's prior written permission or as expressly provided in these Terms.

Where you purchase a subscription or a license to access the Services, you may not share that subscription or license with others.

AllSet Learning may impose reasonable limits on your scope of access to the Services, including limits on time or number of information accessed or devices used to access such Services, to prevent unauthorized third party access to or use of the Services.

All rights not expressly granted herein are reserved.

3.2. Your Account

Certain of our Services (e.g. the AllSet Learning Hub) are reserved for registered users on our Website. To become a registered user you must register on our Website for login credentials to be provided or enabled by AllSet Learning (“Login Credentials”) based on the type of access applicable to your use of the Website (whether Student or Tutor). You agree that you are responsible for protecting your Login Credentials from unauthorized use, and you are responsible for all activity that occurs under those Login Credentials. You agree to notify us immediately if you believe that any of your Login Credentials have been or may be used without your permission so that appropriate action can be taken.

You may use AllSet Learning blog articles wikis and its features without a registered user status. This shall not preclude the application of these Terms.

3.3. Lesson Recording

You acknowledge and agree that, from time to time, AllSet Learning may record videos of your lessons. This recording is intended solely for the purpose of ensuring the quality of AllSet Learning Services. Recordings will not be shared externally, used for individual targeting, or used for any sales, marketing, or other promotional purposes.

By using AllSet Learning services, you agree and give consent for such recordings that is gratuitous, unsolicited, and without restriction. You agree that AllSet Learning may use these recordings without fiduciary, or other obligation, and without any additional compensation.

You may opt out of any recordings of your lessons or request to remove any existing recordings by writing to support@allsetlearning.com.

3.4. Limits

While using the Services, you agree that you will:

a. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, tax laws etc.;

b. Provide accurate information to us and keep it updated;

c. Use the Services and Website in a manner that is lawful, relevant and proper to the applicable laws.

Any use of the Website that AllSet Learning, in its sole discretion, found inappropriate and/or offensive may result in suspension and/or termination of a User with or without notice.

While using the Services, you agree that you shall not manipulate the price of any goods or services offered within the Services, in any manner. Furthermore, you shall not disrupt or otherwise interfere in any way with any other User's use of the Services. By accessing our Services or any chat room, online discussion forum, or other Service provided through our Website that allow Users to communicate to other Users (“Public Areas”).

You agree to be abided by the following standards of conduct and You agree that You will not, and will not authorize or facilitate any attempt by another person to use our Website to:

  1. Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by AllSet Learning;

  2. Circumvent or manipulate our fee structure, the billing process, or fees owed to AllSet Learning or the Tutor; fail to deliver payment for items purchased by you, unless the Tutor of such Tutor Package has materially changed the package's description, a clear typographical error is made, or you cannot reach the Tutor;

  3. Fail to deliver Tutor Packages purchased from you, unless the Student or Parent fails to meet the posted terms, or you cannot reach the Student;

  4. Manipulate the price of any item or interfere with other Users’ use of the Website;

  5. Use a name or language that AllSet Learning, in its sole discretion, deems offensive;

  6. Post false, inaccurate, misleading, defamatory, or libelous content (including personal data);

  7. Post hateful or racially or ethnically objectionable Content;

  8. Post Content which infringes another's copyright, trademark or trade secret;

  9. Advertise or offer to sell any goods or services for any commercial purpose through the Service which are not relevant to the services offered through the Service;

  10. Post unsolicited advertising or unlawfully promote products or services;

  11. Take any action that may undermine the feedback or ratings system when it becomes available (such as displaying, importing or exporting feedback information from the Website or using it for purposes unrelated to AllSet Learning);

  12. Harass, threaten or intentionally embarrass or cause distress to another user, person or entity. This also applies to willfully engaging in politically sensitive topics for the purpose of harassment rather than productive or educational discussion.

  13. Impersonate another person;

  14. Promote, solicit, or participate in any multi-level marketing or pyramid schemes;

  15. Exploit children under 18 years of age;

  16. Engage in disruptive activity such as sending multiple messages in an effort to monopolize your position;

  17. Adapt, alter, license, sublicense or translate the Service for your own personal or commercial use;

  18. Introduce viruses, worms, Trojan horses and/or harmful code to the Website;

  19. Obtain unauthorized access to any computer system through the Website;

  20. Transfer your AllSet Learning account (including feedback) and Login Credentials to another party without our consent;

  21. Harvest or otherwise collect information about Users, including email addresses, without their consent;

  22. Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 18 years of age);

  23. Solicit personal data from children under 18 years of age;

  24. Violate any federal, state, local, or international law or regulation;

  25. Encourage conduct that would constitute a criminal or civil offense.

All submissions made to Public Areas will be public, and AllSet Learning will not be responsible for the action of other Users with respect to any information or materials posted in Public Areas.

4. WEBSITE CONTENT

Users have a personal, non-transferable, non-exclusive right to access and use the Content of this Website subject to these Terms. The “Content” means all information, text, materials, images, data, links, software, or other material accessible through the Website or Services, whether created by us or provided by another person for display on the Website or through the Services. The Content may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes. You may view, copy, download, and print Content that is available on this Website or through the Services, subject to the following conditions:

a. The Content may be used solely for internal informational purposes. No part of this Website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose;

b. The Content may not be modified;

c. Copyright, trademark, and other proprietary notices may not be removed. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any Content displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on this Website.

5. CONTENT SUBMITTED BY USERS

We are not responsible or liable for the conduct of Users or for views, opinions and statements expressed in Content submitted for public display through our Website. We do not prescreen information posted online. We are acting as a passive conduit for such distribution and may not be responsible for Content. Any opinions, advice, statements, services, offers, or other information in Content expressed or made available by Users are those of the respective author(s) or distributor(s) and not of AllSet Learning. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content. You are responsible for ensuring that Content submitted to this Website is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity.

You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from Your uploading, posting or submission of Content to this Website.

We have the right, but not the obligation, to randomly monitor Content submitted to our Website through an online discussion forum or chat room, to determine compliance with these Terms and any other applicable rules that we may establish, as well as for the purpose of Services' improvement. We have the right in our sole discretion to edit or remove any material submitted to or posted through this Website. Without limiting the foregoing, we have the right to remove any material that AllSet Learning, in its sole discretion, finds to be in violation of these Terms or otherwise objectionable, and You are solely responsible for the Content that You post to this Website.

If you believe that your intellectual property rights have been infringed, please submit your complaint to support@allsetlearning.com. You may report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims. We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.

6. LINKS TO THIRD-PARTY WEBSITES

The Website may contain links to non-AllSet Learning websites. These links are provided to You as a convenience and/or ancillary for the Services use, and AllSet Learning is not responsible for the content of any linked website. Any non-AllSet Learning website accessed from the Services is independent from AllSet Learning, and AllSet Learning has no control over the content of that website.

In addition, a link to any non-AllSet Learning website does not imply that AllSet Learning endorses or accepts any responsibility for the content or use of such website. Use of any third-party website is subject to its terms of service and privacy policy. We request that our Users exercise caution and good judgment when using third-party websites.

7. ADVERTISEMENT

We will not include your content in advertisements for the products and services of third parties to others without your separate consent.

AllSet Learning may run advertisements and promotions from third parties on the Website. Your correspondence or business dealings with, or participation in promotions of advertisers other than AllSet Learning found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. AllSet Learning is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-AllSet Learning advertisers on the Website.

8. NO IMPLIED ENDORSEMENTS

In no event shall any reference to any third party or third-party product or service be construed as an approval or endorsement by AllSet Learning of that third party or of any product or service provided by a third party. Likewise, a link (including without limitation external websites that are framed by the Services as well as any advertisements displayed in connection therewith) to any third-party website does not imply that we endorse or accept any responsibility for the content or use of such a website.

AllSet Learning does not endorse, warrant or guarantee any product or service offered by any third party through an online discussion forum or chat room accessible through this Website and will not be a party to or in any way monitor any transaction involving any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.

9. SCOPE OF SERVICE

AllSet Learning maintains this Website as a service to the user community that visits the Website subject to these Terms. You are responsible for obtaining and paying for any equipment and Internet service necessary to accessing our Services. We may alter, suspend, or discontinue this Website or the Services in whole or in part, at any time and for any reason, without notice. The Services may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons. We may provide access to third party services and products from time to time or to our own products or Services. You acknowledge that the Website and any mobile applications are evolving and that the form and nature of the Website or mobile applications, including the Services, may change from time to time without notice to you.

10. RELATIONS BETWEEN ALLSET LEARNING AND USERS

The Services are not an employment service and AllSet Learning does not serve as an employer of any User unless separately subject to a signed, written employment contract signed by both the User and AllSet Learning. Users may use AllSet Learning Services only for the purpose of to provide tutoring to or receive tutoring from other Users using the Services and subject to these Terms.

As such, AllSet Learning will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, workers’ compensation insurance, social security or payroll withholding tax in connection with your use of Services or Users’ services.

You understand and agree that if AllSet Learning is found to be liable for any tax or withholding tax in connection with your use of Users’ services, then you will immediately reimburse and pay to AllSet Learning an equivalent amount, including any interest or penalties thereon.

In all cases of use of this Website, Users are acting as independent contractors and not as AllSet Learning’s or any other party’s employee, agent, franchisee or servant. Accordingly, you will be solely responsible for all costs incurred by you or your organization. You shall not hold yourself out as having authority to make contracts or promises on behalf of AllSet Learning. No User is entitled to participate in any AllSet Learning vacation, group medical or life insurance, disability, profit sharing or retirement benefits, or any other fringe benefits or benefit plans offered by AllSet Learning to its employees.

The Services provide connection to Tutors who are willing to be engaged by Students and Companies as independent contractors. As independent contractors, each Tutor decides when and how often the Tutor will be available to AllSet Learning to provide tutoring to Students (except that inactivity for 180 consecutive days may result in deletion of a Tutor’s account).

11. ASSIGNMENT

You may not assign or transfer these Terms in whole or in part to any third party. These Terms shall bind and inure to the benefit of the parties to these Terms and their respective successors, permitted transferees, and permitted assigns.

12. FEEDBACK

You acknowledge and agree that we may provide you with a mechanism to provide feedback, suggestions, and ideas, if you choose, about our Services (the "Feedback") and public feedback from Users with whom you have transacted.

Feedback regarding AllSet Learning. By submitting any Feedback you provide us a written consent to use your Feedback in improvement and promoting the Services; you agree that submitting a Feedback is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone.

You further acknowledge that, by accepting your Feedback submission, AllSet Learning does not waive any rights to use similar or related ideas previously known to AllSet Learning, or developed by its employees, or obtained from sources other than you. You agree that we may, in our sole discretion, use the Feedback you provide to us in any way, including in future enhancement and modifications to our Services. You hereby grant to us and our assigns a perpetual, worldwide, fully transferable, sub-licensable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner for any purpose, or without it in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party.

13. NOTIFICATIONS

Unless you otherwise indicate in writing, AllSet Learning will communicate with you by email, regular mail or by posting communications on this Website. You consent to receive communications from us electronically and you agree that these electronic communications satisfy any legal requirement that such communications be in writing. You will be considered to have received a communication when we send it to the email address you have provided to AllSet Learning on this Website, or when we post such communication on this Website.

You should keep your email address updated on this Website, and you should regularly check this Website for postings. If you fail to respond to an email message from AllSet Learning regarding violation, dispute or complaint within 3 (three) business days, we will have the right to terminate or suspend your use of Services.

To stop receiving specific communications from AllSet Learning, please, submit a notification to us by email at support@allsetlearning.com in order to change the types and frequency of such communications.

14. TERMINATION

Other than Tutors, we may terminate any User’s access to our Website in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate Users who violate these Terms, as deemed appropriate in our sole discretion.

We may terminate a Tutor’s use of the Services (a) immediately for failure to comply with the Terms; (b) for other cause, including, but not limited to, sexual or other unwelcome harassment, threats or intimidation, fraud, falsification of documents or qualifications; or (c) upon 30 days’ advance written notice for any reason.

We may also delete, or ban access to or use of all related information and files. AllSet Learning will not be liable to Users or any third-party for any modification, suspension, or termination of the Service, or loss of related information.

You may delete your account/profile at any time. In case you are not using your AllSet Learning account or profile for more than 180 (one hundred eighty) days following the last payment (and held no lessons (no scheduled and no confirmed for the last 180) and/or received no payment), it will be considered inactive and will be deactivated and your remaining balance will expire. Any remaining balance will be irreversibly lost and nonrefundable.

Even after your right to use the Services is terminated or suspended, these Terms will remain enforceable.

15. INTELLECTUAL PROPERTY RIGHTS

All intellectual property in the design and layout of this Website, Software and the material and information published on its pages belongs to and is vested in AllSet Learning or its licensors. You may not copy any part of this Website or otherwise do anything in relation to any part of the Website. You may not otherwise use or reproduce any of this Website or the material contained within it in any manner other than those listed above without first obtaining the prior written permission of AllSet Learning.

Unless otherwise noted, all Content contained on this Website is the property of AllSet Learning and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. The service marks and trademarks of AllSet Learning, including without limitation AllSet Learning and the AllSet Learning logos are service marks owned by AllSet Learning LLC. Any other trademarks, service marks, logos and/or trade names appearing via the Service are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.

AllSet Learning grants you permission (which may be revoked at any time for any reason or no reason) to use the Website and the Software for the Services as provided herein and in accordance with these Terms and solely for your own personal, non-commercial use (except as provided herein), provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted. AllSet Learning reserves all of its statutory and common law rights against any person or entity who violates this paragraph.

You may not link or frame to any pages of the Website or any content contained therein, whether in whole or in part, without prior written consent from AllSet Learning. You may like or follow AllSet Learning or share links to the Website via social networking technology referenced on the Website. Any rights not expressly granted herein are reserved.

Except as expressly authorized by AllSet Learning or by Content providers, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership.

16. CONFIDENTIALITY

You may obtain direct access via the use of the Services to certain confidential information of AllSet Learning, its affiliates or Users, including but not limited to personally identifiable information, technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential (“Confidential Information”). You agree to hold Confidential Information in strict confidence and not use the Confidential Information except for the purposes set forth in these Terms and not disclose such confidential information to any third party. All right, title and interest in the Confidential Information remains with AllSet Learning, its affiliates and its Users.

No obligation is imposed upon you with respect to Confidential Information that you can establish by legally sufficient evidence: (a) you possessed prior to your receipt from AllSet Learning, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by you, or otherwise without violation of the Terms; (c) you obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) you independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, or as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to AllSet Learning adequate to afford AllSet Learning the opportunity to object to the disclosure.

17. DISCLAIMER OF WARRANTY

Use of the Services is entirely at your own risk. AllSet Learning disclaims all liability in connection with any interactions, correspondence, transactions, and other dealings that you have with any third parties, including without limitation Students or Tutors found on or through the Website (including on or via linked websites or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, services, delivery of goods, warranties (including product warranties), privacy and data security, and the like. Under no circumstances will we be liable for any loss or damage caused by your reliance on information in any content on this Website. I tis your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through this Website.

You acknowledge that the Website and all Services, text, images, and other information on or accessible from this Website are provided "as is" and are based in part on listings provided by tutors, which are not verified by AllSet Learning, and that any tutor packages, listings or other content acquired through the use of the Website is at your sole risk and discretion. AllSet Learning and its affiliates and licensors are not liable or responsible for any results generated through the use of the Website. We provide no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Specifically, but without limitation, AllSet Learning does not warrant that: (i) the information available on this Website is free of errors; (ii) the functions or services (including but not limited to mechanisms for the downloading and uploading of content) provided by this Website will be uninterrupted, secure, or free of errors; (iii) defects will be corrected, or (iv) this Website or the server(s) that makes it available are free of viruses or other harmful components. Neither AllSet Learning nor its affiliates or licensors is responsible for the conduct, whether online or offline, between users.

In addition, notwithstanding any feature a Student or Parent may use to expedite Tutor selection, each Student or Parent is responsible for selecting their Tutor and negotiating a contract and AllSet Learning does not warrant any goods or services purchased by a Student and does not recommend any particular tutor. AllSet Learning does not provide any warranties or guarantees regarding any tutor’s professional accreditation, registration or license.

AllSet Learning expressly disclaims any liability or claims that may arise between Users of its Services. You are solely responsible for your interactions with all other Users and any disputes that arise from those interactions with other Users. AllSet Learning is not obliged but may attempt to assist in resolving disputes between Users.

18. LIMITATION OF LIABILITY

(a) Disclaimer. In no event shall AllSet Learning be liable to any user of this Website or any other person or entity for any direct, indirect, special, incidental, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data, loss of use, or costs of obtaining substitute goods or services) arising out of the use, inability to use, unauthorized access to or use or misuse of the Website or any information contained thereon, whether based upon warranty, contract, tort (including negligence), or otherwise, even if has been advised of the possibility of such damages or losses.

(b) Limitation. You agree AllSet Learning’s total cumulative liability in connection with these Terms, the Website, the Software, the Services, the Content, or any listing or services whether in contract, tort, or otherwise, shall not exceed the amounts, if any, you paid in commissions to AllSet Learning for the Services in the then- prior three months.

(c) Waiver of Class Action. Any claims brought by you or AllSet Learning must be brought in that party' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

19. EXCLUSIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

20. INTERNATIONAL

This Website may be accessed from countries other than the United States. This Website and the Services may contain products or references to products that are only available within the United States and U.S. territories. Any such references do not imply that such products will be made available outside the United States.

If you access and use this Website outside the United States you are responsible for complying with all applicable local laws and regulations.

We make no representation that information on this Website is appropriate or available for use outside the united states. Those who choose to access this Website from outside the United States do so on their own initiative and at their own risk.

21. INDEMNIFICATION

By using the Services, you agree to indemnify, hold harmless and defend AllSet Learning and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, other partners, employees, and representatives from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with Your use of the Services, including but not limited to ( a) acts and/or omissions on or off the Website; (b) violation of any rights of another, including without limitation any alleged infringement of intellectual property or other right of any person or entity relating to the Website; (c) breach of these Terms; (d) disputes with or between other Users; (e) use and/or misuse of the Website, including without limitation any information, content and/or materials thereon; (f) violation of any applicable law or regulation; (g) inaccurate, untimely, incomplete or misleading User information, including without limitation with respect to registration, profile or eligibility; (h) misstatements and/or misrepresentations; (i) use of links to third party websites, including without limitation such websites' availability, terms of use, privacy policy, information, content, materials, advertising, products and/or services; (j) User information and any acts or omissions with respect to such User information; (k) use of any information in third-party reports; (l) use of third-party payment processing services; (m) use of phone support services; and/or (n) use of any services or products or any contracts or arrangements made or provided based on information, content and/or materials obtained on or through the Website. You further agree that you will cooperate as requested by AllSet Learning in the defense of such claims. AllSet Learning reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and you shall not, in any event, settle any claim or matter on behalf of AllSet Learning without the written consent of AllSet Learning.

In the event that you have a dispute with one any User/s, you hereby release AllSet Learning (and its officers, directors, agents, investors, subsidiaries, employees, contractors and any other third parties related to the Services) from any and all claims, demands, or damages (actual or consequential) of every kind, known and unknown, arising out of or in any way related with such disputes.

If you are a California resident, you waive California Civil Code Section 1542, which says: “ A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

22. DISPUTE RESOLUTION

Any dispute arising out of consumer claims shall be finally resolved by individual arbitration before a single arbitrator conducted in the English language in Nevada, USA under the Commercial Arbitration Rules of the American Arbitration Association (AAA).

All disputes arising out of or relating to these Terms shall be finally resolved by individual arbitration. The arbitration will be conducted in Nevada, USA.

Any arbitration under these Terms will be between an individual User and AllSet Learning. To the fullest extent permitted by applicable law, and except as expressly provided below, you and AllSet Learning expressly waives any entitlement to resolve disputes in court or on a class, collective or representative basis. You and AllSet Learning shall appoint as sole arbitrator a person mutually agreed by You and AllSet Learning or, if You and AllSet Learning cannot agree within thirty (30) days of either party’s request for arbitration, such single arbitrator shall be selected by the AAA upon the request of either party.

The parties shall bear equally the cost of the arbitration except (a) to the extent prohibited by applicable law; (b) that if the arbitrator determines that costs unique to arbitration (i.e., filing, administration and arbitrator’s fees) would preclude a Tutor from asserting a claim in arbitration, the arbitrator may require AllSet Learning to pay a greater share of such costs unique to arbitration; and (c) the prevailing party shall, to the extent permitted or required by applicable law, be entitled to an award of reasonable attorneys' fees and costs incurred in connection with the arbitration in such an amount as may be determined by the arbitrator.

All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, AllSet Learning shall be entitled to seek temporary injunctive relief, security or other equitable remedies from the United States District Court for the District of Nevada or any other court of competent jurisdiction.

23. GOVERNING LAW

These Terms shall be governed by the laws of the State of Nevada, USA.

24. NON-SOLICITATION

Without limitation, the Services may not be used to solicit for any other business, website or service. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to the Service facilitated through AllSet Learning without express written permission from AllSet Learning.

You may not use the Service to collect usernames and/or email addresses of Users by electronic or other means without the express prior written consent of AllSet Learning.

25. ENTIRE AGREEMENT SEVERABILITY

These Terms, together with any amendments and any additional agreements you may enter into with AllSet Learning in connection with the Services, shall constitute the entire agreement between you and AllSet Learning concerning the Services. If any part of these Terms is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

26. CONTACTS

For additional information and in case you have any questions about these Terms, please contact support@allsetlearning.com.

Updated: September 14, 2021