Sodask Terms of Use

 

IMPORTANT- IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE WEBSITE LOCATED AT SODASK.US, PRODUCTS OR SERVICES. YOUR USE OF THE WEBSITE, PRODUCTS, SERVICES (“Sodask”) SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. SODASK MAY MAKE CHANGES TO THE CONTENT OFFERED ON THE WEBSITE, PRODUCTS, SERVICES OR APPLICATIONS AT ANY TIME. YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE WEBSITE, PRODUCTS, SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE WEBSITE, PRODUCTS, SERVICES OR APPLICATIONS, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE WEBSITE, PRODUCTS, SERVICES.

 

THESE TERMS CONTAINS A BINDING ARBITRATION PROVISION AND TIME LIMIT ON SUBMITTING CLAIMS THAT AFFECT YOUR RIGHTS. PLEASE READ THESE TERMS CAREFULLY. YOU MUST BE AGE 13 OR OLDER TO USE THE APP. IF YOU ARE UNDER AGE 18 YOU MUST HAVE YOUR PARENT OR LEGAL GUARDIAN’S PERMISSION TO USE SODASK, AS WELL AS HAVE THEM READ AND AGREE TO THESE TERMS.

 

YOU REPRESENT, ACKNOWLEDGE AND AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE OR THAT YOU ARE THE PARENT OR LEGAL GUARDIAN OF A USER THAT IS AT LEAST 13 YEARS OF AGE, AND YOU AGREE TO THESE TERMS. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A USER OF SODASK AND YOU HAVE QUESTIONS ABOUT THE APP OR THESE TERMS, PLEASE CONTACT US AT CONTACT@SODASK.US.

 

General

These Terms of Use (the “Terms”) are a binding contract between you and Uniyond Education Technology Inc. (“Uniyond,” “we” and “us”). If you have any questions, comments, or concerns regarding these terms or the Sodask, please contact us at contact@sodask.us.

In these Terms, the “User” means anyone who accesses and/or registers on Sodask, including without limitation students, Tutors, or other users. “Sodask” is the service provided by “Uniyond.” “Tutor” means the individual who provides answers, online courses, instruction, tutoring and learning services through Sodask.

Sodask is a marketplace where the Students can be matched with the Tutors. Students and Tutors are collectively referred to herein as “Users.” As a User, you authorize Sodask to match you with a tutor based on factors such as your question, the estimated time to answer, user preferences, and platform efficiency, and to cancel an existing match and rematch based on the same considerations. Any decision by a User to offer or accept the Services is a decision made in such User’s sole discretion. Each Service provided by a Tutor to a Student shall constitute a separate agreement between such persons.

 

Changes

Uniyond can change these Terms, including, without limitation, any payment and pricing terms, at any time. If Uniyond changes any of these Terms, Uniyond will post the updated terms. Uniyond may also send registered users that have submitted their email address a notice of the change to these Terms. Your continued use of the Sodask after such changes have been posted, acknowledges your agreement to the new Terms. Therefore, you should check the Terms on the Sodask periodically for updates and changes.

 

Privacy Policy

Uniyond’s collection and use of Sodask is governed by the terms of the Sodask Privacy Policy.

 

Account Registration and Security

To use the Sodask, you will need to sign up for an account and select a password and username. If you sign up as a Tutor, you will be required to undergo our then-current verification or vetting process. You can only create one account with us and may not transfer your account to anyone else without our prior written permission.

 

Use of the Sodask

Uniyond only authorizes you to use Sodask and Content for your own personal use in compliance with all applicable laws. You may not resell or make any commercial use of Sodask or any Content therein (other than your own Submissions). Any Content you access through Sodask is licensed through your purchase of Sodask personally to you to view and use the Content. “Content” means any information or materials displayed on Sodask, such as, text, graphics, data, articles, photos, images, illustrations, course materials, class notes, flash cards, Tutor Answers, and so forth. “Submissions” means any Content you post, upload, share, store, or otherwise provide through Sodask, such as your questions, question responses and study notes, and whether as a Tutor or User.

 

Student Question and Tutors

Users may submit questions to Sodask and select certain parameters for their question. Users may add a tip to attract tutors to answer their questions. After submitting their parameters, Sodask would provide the estimated price for this service.

 

Users should make the payment when submitting the question to Sodask. If the question is not answered before due date, Sodask would refund all payment regarding this question to the Users through the original payment method. Sodask would not be liable for the consequential damage results from tutors’ late answers.

 

Users are entitled to use one coupon per service if they have a valid coupon. Coupons are not transferable and are not redeemable for cash and cannot be combined with any other coupons.

 

Tutors would receive recommendation by Sodask. The recommendation would show the price and availability to meet the student’s due date (the due date starts once the User is matched with a Tutor). Tutors can accept the question and is obliged to answer the question before due date.

 

Sodask may include, at our discretion, access to tools to check if Tutor Submissions are original work. Sodask does not guarantee the tools, their accuracy or their results and Sodask nor Users are obligated to use such tools. The laws, regulations, other governing authorities, standards, practices and procedures that apply to your particular question may differ depending on your location and information typically discovered through in-person evaluations or visits. For example, Tutors in some categories may be licensed, certified, educated, employed by or have experience in only particular jurisdictions.

 

Sodask may include, at our discretion, access to tools to check if Tutor Submissions are original work. Sodask does not guarantee the tools, their accuracy or their results and Sodask nor Users are obligated to use such tools. The laws, regulations, other governing authorities, standards, practices and procedures that apply to your particular question may differ depending on your location and information typically discovered through in-person evaluations or visits. For example, Tutors in some categories may be licensed, certified, educated, employed by or have experience in only particular jurisdictions.

 

Payments

When Users submit a question, the User will be required to make the payment for the question. The amount of the payment will be displayed on Sodask. Once the User received the answer and satisfied with the service, Sodask will pay the Tutor the applicable fee (about 60%-80% of the payment made from the User).

 

If the User submits a question, they are expressly agreeing that Sodask is permitted to bill them the applicable fees, any applicable tax and any other charges they may incur with Sodask in connection with the purchase (“Charges”). The Charges will be billed to the credit card (including all international credit card), WeChat pay (Users should be responsible for their using of WeChat pay in US), or Alipay the User provides in accordance with the billing terms in effect at the time the Charges are due and payable. If payment is not received or cannot be charged to the User’s credit card account for any reason, Sodask reserves the right to either suspend or terminate the User’s access to Sodask and terminate these Terms. All purchases are non-cancellable, and all charges are non-refundable except as expressly set forth herein. In addition, Sodask will dispute all chargebacks for Services provided. Please read our Chargeback Policy for additional information.

 

By using Sodask, you consent to receiving electronic communications from Sodask. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to Sodask. These electronic communications are part of your relationship with Sodask and you receive them as part of your purchase. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

 

You acknowledge and agree that Sodask will automatically charge your payment account on record with Sodask upon your election to purchase of a Tutor to answer a question, as applicable.

 

 

User Complaints and Suspensions

A User may file a complaint regarding an answer and/or Tutor starting on the due date for their question. If a complaint is filed, the User will submit their complaint and the Tutor and User will not be permitted to correspond regarding the question through Sodask. Sodask will determine, in its sole discretion, whether to refund the User, warn the Tutor, suspend the Tutor, ban the Tutor or take no action against the Tutor. To learn more about our warning and refund policies please read our Warning Policy and our If a Tutor is suspended, the Tutor will not be able to place to work on new questions unless and until Sodask reverses the suspension (as determined in Sodask’s sole discretion but the Tutor may be able to finish any existing questions for which they have been accepted, if determined by Sodask. If a Tutor is banned, they may not work on any questions including those for which they have been accepted prior to being banned. If Sodask provides a refund, the refund will be in the form of the original payment method.

 

Sodask, in its sole discretion, may place a hold on any or all of the payments you receive if you violate any of these Terms or when Sodask believes there may be suspicious activity with your account, a high level of risk associated with you, your account, or any or all of your transactions. If Sodask places a hold on any or all of the payments you receive, you will be provided with notice of our actions and the way in which to resolve the issue. If you are involved in a dispute, in certain circumstances Sodask may place a temporary hold on the funds in your account to cover the amount of any potential liability. If the dispute is resolved in your favor, Sodask will lift the temporary hold. If you lose the dispute, Sodask may remove the funds from your account. To learn more about Sodask holding payments, please read our Tutor Payments Policy.

 

Your Submissions

You acknowledge and agree that you are solely responsible for all Submissions that you make available through Sodask. Accordingly, you represent and warrant that you will abide by Sodask’s Honor Code, and that: (i) you are the original creator and writer of all Submissions that you make available through Sodask or you have all rights, licenses, consents and releases that are necessary to grant to Sodask the license in such Submissions, as contemplated under these Terms; (ii) neither the Submissions nor your posting, uploading, publication, submission or transmittal of the Submissions or Sodask’s use of the Submissions (or any portion thereof) on, through or by means of Sodask will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and (iii) your Submissions and your postings will not defame any person, business, location or property.

 

Submissions are not private or confidential and may be read, collected, and used by others. To better protect your privacy, do not include information regarding your identity or contact information in Submissions that you post or upload to Sodask. You are responsible for your Submissions. You are fully responsible for all Submissions you contribute, in any manner, to Sodask, and for the accuracy of the same, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it, and that Sodask shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use or exploitation of your Submissions in any and all media, whether now known or hereafter created, or have any liability to you or any third party as a result of any use of your Submissions as authorized in these Terms.

 

By submitting your Submissions to Sodask, you grant Sodask a worldwide, non-exclusive, perpetual (or for the term of the protection), irrevocable, royalty-free, transferable, sublicensable license to use your Submissions (including to reproduce, distribute, modify, display, translate, store, edit, and perform them), in any media or platform now known or later developed. You agree that this license includes the right for Sodask to operate, promote, and improve Sodask and to make your Submissions available to other Users. You grant each other User of Sodask a worldwide, non-exclusive, royalty-free license to access your Submissions through Sodask and to use your Submissions (including to reproduce, distribute, modify, display, translate, store, edit, and perform them) only as enabled by Sodask. Sodask does not claim any ownership rights in your Submissions and nothing in these Terms will be deemed to restrict any rights that you may have to use your Submissions.

 

Except as provided in the Payments provisions discussed above, such additional uses by Sodask or other Users is made with no compensation paid to you with respect to the Submissions that you submit or otherwise make available through Sodask as the use of Sodask by you is hereby agreed as being sufficient compensation for the Submission and grant of rights herein.

 

You waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with the use of the Submissions, or of your name, personality, likeness, image or voice in connection with offering, delivering, marketing, promoting, demonstrating and selling your Submissions, or any advertising or publicity relating thereto. You understand and agree that if you delete your account, it may not be possible to completely delete that content from Sodask’s records, that Sodask will retain a license to use your Submissions as described above, and your Submissions may remain viewable elsewhere as part of Sodask and to the extent that they were downloaded or stored by other Users.

 

Protection of Content

The Content is protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through Sodask, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Sodask’s) rights.

 

Sodask owns all rights, title and interest in and to all of its patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights in and to Sodask as well as all Content. You will not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in these Terms), creative derivative works based on, or otherwise exploit any of Sodask.

 

Copyright and Trademark Infringements

If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our website or services, please see our DMCA Policy.

 

Additional Tutor Terms

In addition to the obligations applicable to all Users, you agree to the below terms if you sign up as a Tutor through Sodask.

 

• You have the required qualifications, credentials and expertise to offer answers, instruction and materials, and that any credentials you post are accurate, truthful, complete, and not misleading; Sodask would exam and verify your qualification, credential and expertise through your resume, letter of admission or diploma.
• You will not use Sodask for any business other than for providing tutoring, teaching and instructional services to registered Users;
• You will not engage in any activity that will require Sodask to obtain any licenses from or pay any royalties to any third party, including, by way of example and not limitation, the payment of royalties for the public performance of any musical works or sound recordings;
• You will respond to Users seeking your services in a timely fashion, so as to ensure quality of service to Users;
• If you are under the age of 18, but are qualified to be a Tutor, you will obtain parental or legal guardian permission as and when needed, and before registering with Sodask; and
• If you are in a jurisdiction where any form of instructing requires a license, credential, certification or other form of governmental or third-party license, consent, authorization or permission, you shall not use Sodask as a Tutor until such license, consent, authorization or permission has been obtained.
• You agree that you are not an employee or agent of Sodask. Sodask acts as an intermediary between you as a Tutor and the student User.
• You must have a minimum of $10 in your balance to make a withdrawal.

 

Verified Tutors

We may conduct certain verification processes for Tutors to sign up on Sodask. Any references in Sodask or to a Tutor being “verified” or “vetted” (or similar language) only indicate that the Tutor has completed a relevant verification process and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Sodask about any Tutor, including of the Tutor’s identity and whether the Tutor is trustworthy, intelligent, accurate, smart or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the suitability of others whom you contact or interact with via Sodask.

 

User Conduct

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of Sodask or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through Sodask. Sodask reserves the right to bar any such activity.

 

You may not probe, scan or test the vulnerability of Sodask or any network connected to Sodask, nor breach the security or authentication measures on Sodask or any network connected to Sodask. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Sodask, or any other customer of Sodask, or exploit Sodask or any service or information made available or offered by or through Sodask, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by Sodask.

 

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Sodask on or through Sodask. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

 

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of Sodask. In connection with your use of Sodask and/or in submitting Submissions, you may not, and you agree that you will not:

 

• register for more than one Sodask Account or register for a Sodask Account on behalf of an individual other than yourself;
• contact a User for any purpose other than asking a question related to a submitted question;
• recruit or otherwise solicit any other User to join third-party services or websites that are competitive to Sodask, without Sodask’s prior written approval or include listings or links to third party websites in your Submissions;
• impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
• use automated scripts to collect information from or otherwise interact with Sodask;
• use Sodask to find a User or Tutor and then obtain an answer from the Tutor or provide an answer or tutoring services independent of Sodask, in order to circumvent the obligation to pay any fees related to Sodask’s provision of Sodask or for any other reasons;
• submit any false or misleading Submissions or information, or submit any question or bid with a price that you do not intend to honor;
• violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;
• use Sodask or Content for any commercial or other purposes that are not expressly permitted by these Terms;
• copy, store or otherwise access any information contained on Sodask for purposes not expressly permitted by these Terms;
• infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
• interfere with or damage our Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
• use our Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
• use our Services in connection with the distribution of unsolicited commercial email (“spam”), including without limitation, sending unsolicited emails to Sodask’s officers, directors or investors;
• “stalk” or harass any other user of our Services or officers, directors or investors of Sodask, or collect or store any personally identifiable information about any other user other than for purposes of obtaining answers and providing answers in accordance with these Terms;
• post, upload, publish, submit or transmit any Content that: (i) copies someone else’s work or infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
• prepare, offer to prepare, cause to be prepared, sell, or distribute a term paper, thesis, dissertation, essay or other written material for another person, where you know or should know that such term paper, thesis, dissertation, essay or other written material is to be submitted by any other person for academic credit at any school, public or private college, university, or other institution of higher learning;
• solicit another user to prepare a term paper, thesis, dissertation, or other written material for you to submit for academic credit at any school, public or private college, university, or other institution of higher learning;
• violate any policies of any school, public or private college, university, or other institution of higher learning;
• use any credit card or payment method that you are not authorized to use or conduct any type of payment fraud;
• systematically retrieve data or other content from our Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
• use, display, mirror or frame Sodask or any individual element within Sodask, Sodask’s name, any Sodask trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in Sodask, without Sodask’s express written consent;
• access, tamper with, or use non-public areas of Sodask, Sodask’s computer systems, or the technical delivery systems of Sodask’s providers;
• attempt to probe, scan, or test the vulnerability of any Sodask system or network or breach any security or authentication measures;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Sodask or any of Sodask’s providers or any other third party (including another user) to protect Sodask;
• forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use Sodask to send altered, deceptive or false source-identifying information;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide Sodask; or
• advocate, encourage, or assist any third party in doing any of the foregoing.
• Sodask has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.

 

Sodask may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Sodask, to make a claim against a User for slander, defamation, harassment, or similar actions, or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with Users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Sodask , its Users, or members of the public. You acknowledge that Sodask has no obligation to police, review or monitor your access to or use of Sodask or to review or edit any Submissions, but has the right to do so for the purpose of operating and improving Sodask (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body (excluding any publicly funded school or university), to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Sodask reserves the right, at any time and without prior notice, to remove or disable access to any Content that Sodask, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to Sodask. Sodask may suspend or terminate any User account or access to Sodask at any time, for violation of these Terms or for no reason.

 

Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the web sites of the Electronic Frontier Foundation (http://www.eff/org/pub/Censorship/Ratings_filters_labelling/) and of America Links Up (http://www.netparents.org/parentstips/browsers.html). We do not endorse any such products or services.

 

Honor Code and Academic Integrity

By using the Sodask Services, you agree to comply with our Honor Code: Sodask does not condone plagiarism or academic cheating on its Services nor we do market ourselves for such purposes. Any users who use Sodask and break our Honor Code may be banned and face potential fees, legal action.

 

Third Party Links

Sodask may contain links to, or otherwise may allow you to connect to and use certain third-party products, services or software under separate terms and conditions (collectively, “Other Services”) in conjunction with Sodask. If you decide to access and use such Other Services, be advised that Your use is governed solely by the terms and conditions of such Other Services, and Sodask does not endorse, is not responsible for, and make no representations as to such Other Services, their content or the manner in which they handle your data. Sodask is not liable for any damage or loss caused or alleged to be caused by or in connection with your access or use of any such Other Services, or your reliance on the privacy practices or other policies of such Other Services.

 

User Disputes

If there is a dispute between Users on Sodask, or between Users and any third party, you agree that Sodask is under no obligation to become involved. In the event that you have a dispute with one or more other Users, you release Sodask, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

 

Warranty Disclaimer

Sodask does not make any representations or warranties concerning any content contained in or accessed through Sodask, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through Sodask. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through Sodask. Any Content or Services purchased or offered (whether or not following such recommendations and suggestions) through Sodask are provided “AS IS” and without any warranty of any kind from Sodask or others. SODASK AND CONTENT ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF SODASK WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL SODASK BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO SODASK IN CONNECTION WITH SODASK IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

 

Indemnity

You agree to indemnify and hold Sodask, its affiliates, officers, agents, employees, and partners harmless for and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of Sodask (including any actions taken by a third party using your account and including arising out of your Submissions), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), if you have an account, we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

 

Dispute Resolution and Binding Arbitration Provision

These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Definitions. As used in this Dispute Resolution and Binding Arbitration Provision (“Arbitration Provision”), the terms “Uniyond,” “we,” “us,” and “our” refer to Uniyond Education Technology Inc., including its subsidiaries and agents; The word “Claims” means all claims, disputes, or controversies between User and us of any nature or kind, whether pre-existing, present, or future, that arise from or relate to the Platform Service(s). This includes but is not limited to disagreements about the validity, enforceability, or scope of this Arbitration Provision. Informal Efforts to Resolve Dispute. If a dispute arises between User and Uniyond, User should first attempt to resolve it by sending the details of User’s complaint, including User’s contact information for a response, to the address or email address listed below. We will attempt in good faith to resolve all Claims submitted this way within fifteen (15) days of receipt. Agreement to Arbitrate; Right to Opt Out. If informal efforts to resolve Claims fail or are not used, User agrees that any and all Claims will be resolved exclusively by binding arbitration as described herein, except that: (i) User may assert Claims in a small claims court in the United States if User’s Claims meet the court’s jurisdictional requirements; and (ii) either party may pursue Claims and relief in a court of competent jurisdiction regarding the validity and/or infringement of a party’s intellectual property rights. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS VERY LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD TO USER ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND FORMS OF RELIEF AS A COURT COULD (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF AS WELL AS STATUTORY DAMAGES) AND MUST FOLLOW THE LAW AND TERMS OF THIS AGREEMENT AS A COURT WOULD. ANY ARBITRATION UNDER THESE TERMS OF USE WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS AND PRIVATE ATTORNEY GENERAL ACTIONS ARE NOT PERMITTED. IF USER DOES NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, USER MUST NOTIFY SODASK IN WRITING WITHIN 30 DAYS FROM THE DATE THAT USER FIRST ACCEPTS OR HAS ACCESS TO THESE TERMS OF USE BY MAILING OR EMAILING AN OPT-OUT REQUEST TO OUR CUSTOMER SERVICE CENTER LISTED BELOW. USER’S WRITTEN NOTIFICATION MUST INCLUDE USER’S NAME, ADDRESS, THE EMAIL ADDRESS USER USED TO REGISTER WITH SODASK, AND A CLEAR STATEMENT THAT USER DOES NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION. USER’S DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON USER’S RELATIONSHIP WITH US OR THE DELIVERY OF PLATFORM SERVICE(S) TO USER BY US. IF USER HAS PREVIOUSLY NOTIFIED US OF USER’S DECISION TO OPT OUT OF ARBITRATION, USER DOES NOT NEED TO DO SO AGAIN. Arbitration Fees. The allocation and payment of all filing, administration and arbitrator fees will be governed by the American Arbitration Association (“AAA”) rules which limit the amount a consumer is required to pay. If the arbitrator determines that User’s Claims are not frivolous applying the standards of the Federal Rules of Civil Procedure, we agree to reimburse User the amount of all filing, administration and arbitrator fees User is required to pay for the arbitration. Arbitration Rules. The arbitration will be conducted by the “AAA” under its rules if User is a resident of the United States; if User’s use of the Platform Service(s) has been principally for personal or household use, the AAA’s Supplementary Procedures for Consumer-Related Disputes will also apply. If User is a resident of a country other than the United States, the arbitration will be conducted by the AAA’s International Centre for Dispute Resolution with venue in San Francisco, California, USA, under its rules for international arbitration. The Parties agree to submit to the personal jurisdiction of the U.S. federal court for the Northern District of California, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In the event of a conflict or inconsistency between the applicable arbitration rules and this Arbitration Provision, this Arbitration Provision shall govern and control. The arbitration will be conducted in the English language by a single arbitrator who is an attorney-at-law with experience in consumer and technology transactions and who is also a member of the AAA National Roster of Arbitrators. If the parties can’t agree on a mutually acceptable arbitrator within fifteen (15) days after the arbitration is initiated, then the AAA will pick a neutral arbitrator who meets the qualifications. The AAA’s rules are available at www.adr.org, or by calling 1-800-778-7879 from inside the United States or +1-212-484-4181 from outside the United States. Initiating Arbitration. To begin an arbitration proceeding, User must follow the procedures specified by the applicable AAA rules as described on their website at www.adr.org. Time Restriction. USER MUST FILE A COMPLAINT WITH AAA OR A PERMITTED COURT WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A CLAIM, OR USER WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS OR DISPUTE. Arbitration Process. Because appearing in person for arbitration can be unduly burdensome in the circumstances, arbitration under this Arbitration Provision shall not require any personal appearance by the parties or witnesses unless mutually agreed. Either or both parties may participate by written submissions, telephone calls, or other means of remote communication as allowed by the arbitrator. The arbitration proceedings will be conducted in the English language at a location designated by the AAA that is the most convenient for User. The arbitration can only decide Claim(s) between User and us and may not consolidate or join the claims of other persons that may have similar claims. There shall be no pre-arbitration discovery except as provided for in the applicable AAA rules. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information. In conducting the arbitration proceeding, the arbitrator will apply the law of the State of California (without regard to its conflicts of law provisions) including U.S. federal law for matters covered by federal law (e.g. the Federal Arbitration Act). At the request of any party, the arbitrator shall provide a brief written explanation of the basis for the decision and award. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding on the parties except for any right to appeal under the AAA rules or the Federal Arbitration Act. Enhanced Recovery. If the arbitrator rules in User’s favor on the merits of any Claim brought against us and issues a damages award in User’s favor that is greater in monetary value than our last written settlement offer made before written submissions are made to the arbitrator, then when the judgment is final we will pay User the damage award judgment plus fifty percent (150%) up to US$1,000 over and above the damages award, plus User’s reasonable attorneys’ fees for the arbitration proceeding. Confidentiality. User and we shall keep confidential any information exchanged during the arbitration as well as the decision of the arbitrator made with respect to any Claim(s) arbitrated under this Arbitration Provision and, with the exception of disclosure to User’s or our attorneys, accountants, auditors, and other legal or financial advisors, neither party shall disclose such information or decision to any other person unless required to do so by law. Continuing Obligation to Arbitrate; Severability. This Arbitration Provision shall survive termination of User’s access to or use of any Platform Service(s) and related agreements. If any portion of this Arbitration Provision is deemed invalid or unenforceable at law, such invalid or unenforceable provision will be interpreted, construed or reformed to the extent required to make it valid and enforceable, and this shall not invalidate the remaining portions of this Arbitration Provision.

 

Uniyond Education Technology Inc.

ATTN: LEGAL/ARBITRATION

contact@sodask.us

16192 COASTAL HIGHWAY LEWES, DE 19958

 

Miscellaneous

You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with Sodask, provided that Uniyond may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Uniyond agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Uniyond, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all modifications to these Terms must be in a writing signed by both parties (except as otherwise provided herein). No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Uniyond in any respect whatsoever. You and Uniyond agree there are no third-party beneficiaries intended under these Terms. Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Uniyond’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.