These terms of use cover your utilization of the U-ENAI, Inc. website and services. If you are making use of or accessing the U-ENAI Inc. website, you agree to be bound by these terms of use. If you are not in agreement with these terms of use, you should not utilize the U-ENAI, Inc. website. This agreement means, ¡°You¡± the one who is paying for the service, as well as the one who is using the service.
THE USE OF THE WEBSITE BY THE CUSTOMER SHALL MEAN THAT HE/SHE AGREES WITH THE FOLLOWING TERMS OF USE.
Changes to Terms of Use
U-ENAI, Inc. reserves the right, from time to time, with or without notice to you, to alter these Terms of Use at our sole and absolute discretion.? The most updated version of these Terms of Use can be read by clicking on the ¡°Terms of use¡± at the bottom pages of the U-ENAI, Inc. website.? The most updated version of the Terms of uUse will supersede all previous versions.? Your use of the U-ENAI, Inc.? Website or continued use of our services after alterations are made means that you agree to such modifications.
Privacy
Any kind of information submitted on the U-ENAI, Inc., Web site is governed by our Privacy Policy, the terms of which are incorporated herein. Please read our Privacy Policy to comprehend our practices.
HOW OUR SERVICE WORKS
*Registration
To utilize the Services, you need to register on the site, pay any applicable fees, and get an account, and password. You are solely responsible for maintaining the confidentiality of your account(s), password(s) and for all activities and liabilities associated with or occurring under your account(s) and password(s). You agree to the following terms: (a) provide factual, accurate, up-to-date, and complete details about yourself as prompted by the Service's registration form (such information being "Your Data"), (b) maintain and promptly update Your Data to keep it factual, accurate, up-to-date, and complete. You agree not to utilize the site, the Services, or the Company Content to hire, solicit, or contact Tutors or potential consumers for employment or contracting for a business not affiliated with us being U-ENAI, in any form, without our advance written permission.
*Technology
U-ENAI, Inc., utilizes proprietary, licensed third-party technologies and free technology products. While all attempts are made to make sure of the stability and availability of technologies used by U-ENAI, Inc., the company cannot get guarantee uptime. You are solely responsible for all service, telephony, and/or other fees and costs associated with your access to and use of the Services and for getting and maintaining all telephone, computer hardware, and other equipment needed for such access and use.
Account Access; Identity Protection
To provide you with ease of access to your account, U-ENAI, Inc., will place a cookie (a small text file) on any computer from which you enter the U-ENAI, Inc., Web site. This cookie is used to identify you throughout the U-ENAI, Inc., Web site. This cookie will be obliterated when you close the browser or logout of the U-ENAI, Inc., Web site. You are liable for updating and conserving the factuality and accuracy of the details you give us regarding to your account.
You are also liable for conserving the confidentiality of your account and password and for safeguarding access to your computer or mobile device. You may opt to share your account with other individuals by giving them your password. However, if you choose to share your account with others, you take full responsibility for their actions. Users of public or shared computers or unprotected mobile devices should log out at after each visit to the U-ENAI, Inc., Web site.
If you discover that you're a victim of identity theft involving a U-ENAI, Inc., account, you should contact customer service. Then, you should report this incident to all your credit card issuers and your local law enforcement agency. U-ENAI, Inc., reserves the right to place any account on hold anytime regardless of notification to the subscriber to protect itself and its partners from what it believes to be fraudulent endeavors. U-ENAI, Inc., is not obliged to credit or discount a membership for holds placed on the account by either a representative of U-ENAI, Inc., or by the automated processes of U-ENAI, Inc.
Intellectual Property
* Copyright
All content in the U-ENAI, Inc., Web site and delivered to subscribers as part of the service, including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of U-ENAI, Inc., or its suppliers and is protected by international copyright laws. All contents on this site is the exclusive property of U-ENAI, Inc., and are protected by international copyright laws. Content should not be reproduced or utilized without express written permission from U-ENAI, Inc., or its suppliers. You agree not to decompile, reverse engineer, or disassemble any software or other products or processes accessible through the U-ENAI, Inc., Web site, not to insert any code or product or manipulate the content of the U-ENAI, Inc., Web site in any way that affects the user's experience, and not to use any data mining, data gathering, or extraction method. U-ENAI, Inc., reserves the right to terminate your membership hereunder if U-ENAI, Inc., in its sole and absolute discretion, is in belief that you have violated terms included in this paragraph, such violations including copying of content given to you by us or the copying or other unauthorized utilization of our proprietary content. The usage of the U-ENAI, Inc., service is exclusively for your personal and non-commercial use. Please read the instructions at the end of these Terms of Use for informing us of the presence of any allegedly infringing content on the U-ENAI, Inc., Web site.
* Trademarks
The U-ENAI, Inc., logo and www.U-ENAI.com are trademarks or service marks of the U-ENAI, Inc., Web site, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constituting trade dress of U-ENAI, Inc. The trademarks, service marks, and trade dress of U-ENAI, Inc., may not be utilized or reproduced without prior written approval from U-ENAI, Inc., and may not be used in association with any product or service that is not affiliated with U-ENAI, Inc., in any way that is likely to result to confusion among customers, in any way that dilutes the rights of U-ENAI, Inc., or in any way that disparages or discredits U-ENAI, Inc. Other trademarks that appear on the U-ENAI, Inc., Web site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by U-ENAI, Inc. Any images of persons or personalities contained on the U-ENAI, Inc., Web site are not an indication or endorsement of U-ENAI, Inc., or any particular product or our service unless otherwise indicated.
Membership and Billing
You can find the specific details about your subscription with U-ENAI, Inc., at any time by clicking on the "My Account" link, found at the top of the pages of the U-ENAI, Inc., Web site after you login.
* Billing
By utilizing the U-ENAI, Inc., service, you are explicitly agreeing that we are permitted to bill you a monthly subscription fee, for your use of the U-ENAI, Inc., service. As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method, including a checking account, where applicable. The subscription fee will be billed at the beginning of your subscription and. your membership will automatically renew for successive monthly subscriptions, without prior notice to you, unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month to avoid billing of the next month's subscription fees to your Payment Method. The billing cycle will depend on the type of plan you have selected to subscribe. For example, if you have bought a three month subscription, you will be billed at the beginning of the subscription and subsequently after that at the same billing cycle. Click on the "View Account information" link on the "My Account" page to see the commencement date for your next renewal period. We will automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your membership. In the event that your membership began on a day not contained in a given month, we will bill your Payment Method on the last day of such month. For example, if you became a paying member on January 31st, your Payment Method would next be billed on February 28th. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by e-mail. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on the "Edit Profile" button, available at the top of the pages of the U-ENAI, Inc., Web site. If your Payment Method reaches its expiration date, your continued use of the service constitutes your authorization for us to continue billing that Payment Method and you remain responsible for any uncollected amounts.
* Cancellation and Refund
We are confident regarding the ability of our tutors and the convenience and efficiency of U-ENAI, Inc., online tutoring that we allow you to cancel your subscription anytime. To cancel, you can contact our Subscription Department by care@U-ENAI.com, but we adhere to a strict No Refund policy.
Please Note: For your safety and convenience, we verify customer details before cancelling your subscription. Please utilize your Subscription Number and login email in communicating with us. Sending an e-mail, leaving a voice mail, or posting a message on Customer Care chat will NOT result to a cancellation of your account.
*Pricing
U-ENAI, Inc., is periodically available to only a certain group of customers; therefore, it is not available to all customers. Prices will not be altered during the current month of subscription or during the duration of a test prep package but can be modified for subsequent months or test prep packages.
Web Site Content
We distribute subject content and animations, and we reserve the right to display and promote the content or other details on our Web site to you in any way we select in our sole and absolute discretion. In addition, the U-ENAI, Inc., Web site permits you and other third parties to post comments, give feedback concerning our services offered, tutors, and subject content distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the U-ENAI, Inc., Web site are those of the respective authors or producers and not of U-ENAI, Inc., or its shareholders, directors, officers, or employees. Under no circumstances shall U-ENAI, Inc., or its shareholders, directors, officers, or employees be held liable for any loss or damage caused by your reliance on information obtained through the U-ENAI, Inc., Web site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the U-ENAI, Inc., Web site.
Use of Information Submitted
U-ENAI, Inc., is free to utilize any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to U-ENAI, Inc., ("Content"), including, without limitation, responses to questionnaires or through postings to the U-ENAI, Inc., Web site without further compensation, acknowledgement, or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products and creating, modifying, or improving the U-ENAI, Inc., Web site or other Web sites. Moreover, by posting any Content on our site, submitting Content to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, utilize, reproduce, or alter the Content submitted in any media, software, or technology of any kind now existing or developed in the future.
Please remember that U-ENAI, Inc., does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to U-ENAI, Inc.. Should you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be given to you, and you are waiving any claim against U-ENAI, Inc., and its affiliates about the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
Service Testing
Occasionally, we test various aspects of our service, including service levels, plans, promotions and pricing, and we reserve the right to include you in or exclude you from these tests without notice.
Electronic Communications
By making use of the U-ENAI, Inc., service, you agree to receiving electronic communications from U-ENAI, Inc. These communications will include notices regarding your account (e.g., shipping and receiving e-mails and other transactional information) and details regarding or related to our service, such as featured content or other announcements or offerings. These communications are part of your relationship with U-ENAI, Inc., and you receive them as part of the U-ENAI, Inc., subscription. You agree that any notice, agreements, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Conduct
You may only access the site and utilize the Company Content and the Services in legal ways. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your usage of the Services. You agree that you will not in any way perform the following actions: (a) interfere with the capability of other individuals to access or use the Services; (b) disrupt the normal flow of communication or otherwise act in a way that negatively affects other users' ability to utilize the site or the Services; (c) claim a relationship with or to speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship; or (d) interfere with or disrupt the Services, servers, or networks connected to the Services or disobey any requirements, procedures, policies, or regulations of networks connected to the Services. You agree that you will be respectful to the tutors and not use obscenities in the classroom, make threats, or discuss matters other than those directly related to the academic subject for which you seek assistance. You agree that you will not solicit any personal details from any tutor and that if any tutor ever reveals such information to you, asks you for any personal details, or suggests any offline meeting or conversation, you agree to immediately communicate this to us by phone and in writing.
Limitations on Use
You must be 18 years of age or older to subscribe to the U-ENAI, Inc., service. While individuals under the age of 18 may use the service, they may do so only with the involvement of a parent or legal guardian. Unless otherwise specified, the content on the U-ENAI, Inc., Web site is for your personal and non-commercial use, and we grant you a limited license to access the U-ENAI, Inc., Web site for that goal. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any details contained on, or obtained from, the U-ENAI, Inc., Web site without our express written consent. U-ENAI, Inc., does not promote, foster, or condone the copying of copyrighted material or any other infringing activity. Any unauthorized use of the U-ENAI, Inc., Web site or its contents will terminate the limited license granted by us.
Fair Usage Policy
Under U-ENAI, Inc., one subscription is only for a single student. Each student must have his or her own tutoring subscription. Subscription abuse applies to utilization of one account by multiple students in the same family, sharing a subscription with others. This constitutes a violation of the terms of service, and U-ENAI, Inc., reserves the right to cancel a customer account or limit usage if there is suspected account abuse. If your account is suspended or limited, please get hold of customer service. Cancelled or limited accounts are not entitled to any refunds for used or unused subscription services, so keep your account login information confidential and private, and cancel sessions you can't attend to allow booked tutors to be available to help other students.
Right to Terminate
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.
Links
Some of the hyperlinks and banners on the U-ENAI, Inc., Web site may lead to other Web sites that are not controlled by or associated with U-ENAI, Inc. Moreover, other Web sites may link to the U-ENAI, Inc., Web site. U-ENAI, Inc. has not reviewed these Web sites and is not liable for the content or privacy policies of these Web sites.
Claims of Copyright Infringement
It is the policy of U-ENAI, Inc., to respect the intellectual property rights of others. U-ENAI, Inc., does not promote, foster, or condone the copying of copyrighted material or any other infringing activity. If you believe your work has been copied in a manner that constitutes copyright infringement, are aware of any infringing material on the U-ENAI, Inc., Web site, or know of an individual who is making unauthorized usage of the information in the U-ENAI, Inc., Web site, please notify us of your concern by submitting a written notice to us at the following address:
U-ENAI, INC.
17th Floor, Robinson’s Cybergate Tower 3,
Pioneer Street, Mandaluyong City,
Philippines 1554
Attention; general counsel:
Your notice must be signed and contain the following items:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
(b) Identification of the copyrighted work claimed to have been infringed;
(c) Identification of the material on the U-ENAI, Inc., Web site that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
(d) Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, your e-mail address;
(e) A statement that you have a good faith belief that usage of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(f) A statement that the above information is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of the copyright that is allegedly infringed.
Our copyright notice e-mail address is copyright@U-ENAI.com, but please be mindful that in order for your notice to us to be effective under the Digital Millennium Copyright Act, your notice must be in writing and contain the elements described above. We will not be able to respond to any customer service or other issues through this e-mail address. For questions that are not related to copyright matters, please see other ways to [contact us].
Disclaimer of Warranty; Limitations
THE COMPANY CONTENT, THE SITE, THE SERVICES AND EVERY PORTION THEREOF ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE COMPANY CONTENT, THE SERVICES AND EACH PORTION THEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHER VIOLATION OF RIGHTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE COMPANY CONTENT, THE SITE, THE SERVICES, EACH PORTION THEREOF OR ANY THIRD PARTY SITES.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE OR THIRD PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE COMPANY CONTENT, THE SITE, THE SERVICES, OR ANY PORTION THEREOF, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE SITE, THE COMPANY CONTENT, THE SERVICES, OR ANY PORTION THEREOF RESULTS IN THE NEED FOR SERVICING, REPAIR, OR CORRECTION OF EQUIPMENT OR DATE, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NEITHER WE NOR THIRD PARTIES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED IN THE COMPANY CONTENT, THE SITE, THE SERVICES, OR ANY PORTION THEREOF, OR IN ANY REPORTS OF VERIFICATION SERVICES. YOU AGREE NOT TO HOLD US (OR OUR AGENTS, EMPLOYEES, OR TUTORS) LIABLE FOR ANY INSTRUCTION, ADVICE, OR SERVICES DELIVERED THAT ORIGINATED THROUGH THE SITE, THROUGH ANY VERIFICATION SERVICE, OR IN CONNECTION WITH THE COMPANY CONTENT, THE SERVICES, OR ANY PORTION THEREOF.
Indemnification
You agree to indemnify, defend and hold harmless us, and our affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers (including our affiliates' respective officers, directors, agents, partners, employees, licensors, representatives, and third party providers), from and against all losses, expenses, damages, costs, claims, and demands, including reasonable attorney's fees and related costs and expenses due to or arising out of any User Content you submit, post to, email, or otherwise transmit to us or through the Services, your use of the Services, the Company Content, or any portion thereof, your connection to the Services, or your breach of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully cooperate with such defense and in asserting any available defenses.
Modifications to the Service
We may add, modify, or eliminate features, pricing, nomenclature, and other aspects of the Services and make other changes at any time, and these Terms will continue to apply to the Services as modified. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the site or the Services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such alteration, suspension, or discontinuance of the site or the Services.
General
These Terms and any policies applicable to you posted on the site make up the entire agreement between the parties regarding the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. All rights not expressly granted herein are expressly reserved. These Terms shall inure to our benefit and to the benefit of our agents, licensors, licensees, successors, and assigns. If any provision of these Terms is found to be illegal or unenforceable, these Terms will be deemed curtailed to the extent necessary to make the Terms legal and enforceable and will remain, as modified, in full force and effect. These Terms and all matters or issues collateral thereto will be governed by, construed, and enforced in accordance with the laws of the Republic of the Philippines applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in Mandaluyong, Philippines. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail. Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor, or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations, or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.
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