About RISU USA, LLC (“RISU”)

RISU operates myrisu.com and risu-usa.com (the “Site”). Using Internet technologies, the Site provides various functionalities including without limitation viewing study history and updating user profile. RISU provides educational services to the subscribers and their child/children with tablet based application, cloud based system and email and other form of communication.

Your Agreement to these Terms

Your use of this Site and the Services is governed by these Terms. By agreeing to these Terms through clicking acceptance below, or by using this Site or the Services, or by your entry into and performance of other agreements with RISU that incorporate these terms, you agree to abide by these Terms and perform any other agreements between us in accordance with these Terms as a condition of your use of the Site and Services. You agree that anyone you allow to access the Site using your credentials or those of the legal entity or individual that you represent will abide by these Terms. You warrant and represent that you are the authorized representative of the entity you represent if you sign up a legal entity rather than as you yourself. If you do not agree with any of these Terms, do not use this Site. If you are not authorized representative to sign up your legal entity, you and your entity may not use this Site. You and anyone whom you allow to access the Site through your account must always comply with these Terms when using this Site and the Services.

Definitions

Us, our, ours, we etc. means or refers to RISU.

You, your, yours, etc. means or refers to the legal entity or natural person that you represent when using this Site or the Services.

Other defined terms have the meanings established elsewhere in the Terms.

Defined terms may be referred in the singular or the plural, and shall be interpreted to have either singular or plural meaning as applicable under the circumstances.

Registration

If you are a parent (“Parent”) who subscribes or would like to subscribe RISU services, a tutor (“Tutor”) who provides or would like to provide tutoring and other professional services with RISU services or to RISU or teacher, (“Teacher”) who subscribe or would like to subscribe to RISU services for the students , you may register your account on the Site. An account enables you to register for only one role, such as Parent, Tutor or Teacher. If you desire to register for an additional role, you will need another account.

You must register before accessing to the features and functionality on the Site. You must submit for RISU’s evaluation certain information depending on whether you are a potential Parent, Tutor, or Teacher. This information may include without limitation the tutoring experience and references of the potential Tutors; School name for the potential Teachers. Information submitted in the registration process will then be reviewed by RISU to ascertain whether you meet applicable requirements. RISU may require additional submissions, meetings or teleconferences with the user to examine the reliability of the information provided. RISU reserves the right to hire a third-party to perform additional background checks to confirm the validity of submitted information. RISU retains right to refuse registration, suspend or delete registered account with its sole discretion even the provided information is valid and reliable.

RISU's Assessment

Though RISU reserves the right to perform assessment or background check on information provided in the registration process to minimize the risk of unintended Site use and/or misrepresentation, we do not verify all information provided by Parents, Tutors, or Teachers—you need to do that yourself. We do not, and cannot, guarantee that a Tutor is a good tutor, that a Teacher monitors your child/children’s study progress. We are not responsible for any information available through the Site.

Your Responsibility

RISU does not guarantee in any means that Parent’s child or children improve(s) academic capability, leans(s) mathematics and other subjects faster than school curriculum, understand(s) mathematics and other subject better, get(s) higher test scores in any subject, or succeed(s) in future.
Tutors and Teachers are responsible for maintaining all information that Tutors get from Site confidential and using the information only for supporting child or children of academic achievement, improvement of self-esteem, self-efficacy and confidence and maintaining better relationship among child/children, Parents, Tutors and Teachers.

Fees You Must Pay to Register and Use the Site and Services

Parents who would like their child/children to use RISU tablet and Tutors and Teachers who would like their student(s) to use RISU tablet, (“Subscribers”), need to subscribe RISU services and pay for the subscription fee and may need to pay for the on-boarding fee. The fees applicable to you will be specified in the registration process on the Site. All fees may be adjusted by RISU from time to time without any prior notice.

Activity Reports and Follows Ups

All users agree to reasonably report complete and accurate information to RISU for purposes of ensuring performance of these Terms and other agreements between you and RISU.Further, you understand and agree that RISU may contact you to follow-up on activities and you shall provide the reasonably requested information. You also agree that you shall keep your information updated by yourself or report any change such as but not limited to credit card number change, address change and phone number change to RISU in 3 business days after the change.

RISU Payment Terms

Payment terms are as determined in the Subscription Agreement. Payment shall be made online by credit card, or some other pre-arranged method of payment that has been agreed by RISU.You represent that your credit card usage follows all requirements of the credit card issuer.  Any and all transactions are subject to cancellation by RISU.  All fees do not include applicable transaction taxes concerning your payment for the Services and Site access, which taxes are your responsibility.

Privacy and Our Use of Your Information

If you do not allow the information to be disclosed as provided on the Site and in these Terms, you may not use the Site or the Services.We necessarily disclose some information to the affiliates and may disclose some information to third parties as part of operating the Site and providing the Services.

RISU has a policy to make required disclosures to you about how your information is used.
You can find the current privacy policy at http://www.risu-usa.com/privacy.html (the “Privacy Policy”).

The Privacy Policy is hereby incorporated into these Terms by reference, and constitutes a part of these Terms.

RISU reserves the right to reveal your identity (or whatever information we know about you) in the event of a complaint, subpoena, warrant, court order or legal action.RISU may log all internet protocol addresses accessing the Site and Services, and other information about users' access, and maintain backup copies of content indefinitely and disclose that information to law enforcement authorities as required.

RISU uses email, telephone, text message and other methods to communicate and you authorize and agree to such communications.You consent to receive any notice required in connection with the Terms or other agreement by email and pay for the cost to receive the communication. RISU has no liability for sending any email, making any phone call, your Internet connection, your cost of receiving the communication, or otherwise for communicating with any existing or potential users of the Site or Services.

Confidentiality

Information provided by you to RISU during registration and usage data while subscribing the Services will be treated by RISU as confidential while you subscribing the Services and for 2 years from the date of termination of the subscription to us.We will make good faith efforts to keep your information confidential in a secure operating environment unavailable to the public, but we cannot guarantee complete security. We do not guarantee that our security measures will prevent third party "hackers" from illegally accessing our site and obtaining access to content or information thereon.Except to the extent otherwise mutually agreed in writing, RISU is not obligated to maintain the confidentiality of any content you communicate to the Site or give us in connection with the Services.

Further RISU will display certain information in your profile and in usage of Services on the Site to users of the Site and the Services.We do not guarantee that these users will use your information obtained through the Site or Services in accordance with its agreements with you.

Information displayed in your profile includes, without limitation, name of child, subjects and test scores that the child studied, and point that the child gets without a separate NDA.

As a user of the Site and Services, you are obligated to keep the information of other users confidential, and to use it only for the purposes of improving academic achievement, self-esteem, self-efficacy and confidence of the student.

Users may not republish any information you obtained from the Site or the Services; this does not apply if you obtained this information from another source without confidentiality obligations.

Intellectual Property and Media Rights

All content, text, images, data, information and other material displayed, available or present on this Site, including any intellectual property rights in the same(including without limitation trademarks and copyrights) (hereinafter “Intellectual Property Rights”), are the property of RISU, its licensors or the designated owners, and are protected by applicable intellectual property laws. You should assume that everything you see or read on this Site is copyrighted unless otherwise noted, and may not be used without our written permission, except as otherwise provided in these Terms.

You agree that RISU shall have, and hereby grant to RISU, a worldwide, royalty-free, perpetual, irrevocable, sublicenseable, non-exclusive right and license to translate, reproduce, sell, publish, distribute, modify, adapt, display, perform, promote, link to or use, in any form or media, any informationthat you submit to this Site or RISU, for use in accordance with these Terms and other agreements with you. You grant RISU all the rights to use information you provide to perform the Terms and the other agreements between us.

You grant RISU a perpetual license right to list and display your name, company name that you represent or you work for and logo as a registered user of the Site and Services.

The Site and Services invites you to contact us by email or contact form on the Site. Any content, comments, feedback, suggestions, ideas, forum posts and other submissions disclosed, submitted, or offered to RISU by email or with contact form on the Site (“Feedback”) is deemed to have been licensed to RISU on a nonexclusive, worldwide, royalty-free, non-confidential, perpetual basis.

You agree not to submit information, including without limitation Feedback, to this Siteor to RISU except for information that is fully authorized for use by this Site and its users in accordance with these Terms. You shall not infringe upon any person’s Intellectual Property Rights in connection with such submissions.It is your obligation to determine the extent to which any information you submit is protected by applicable intellectual property laws.

When you publicly announce closed transactions via any method, RISU may issue its own press release to users of its Site and Services indicating our association with your transaction. RISU may add your entity’s name to the Site member roster, which is professionally presented from time to time on its website and in marketing materials.

Nothing in these Terms obligates RISU to use any information you submit or permit the posting of such information on this Site.We are not obligated if we choose not to display any information you provide to any other user, nor are we obligated to introduce you.We can terminate your access, or your account, or edit or delete your information, in accordance with these terms and conditions.RISU does not endorse or guarantee any information, advertisements, or third party product or service that may appear on this Site or in connection with the Services.

Other Limits to Our Responsibility

None of the information submitted on the Site and Services constitutes a solicitation, offer, opinion, or recommendation by RISU to services regarding any academic achievement.RISU has not made any recommendations regarding the merit of any individuals nor company identified on the Site and Services.

If disputes arise between you and anyone other legal entity, we have no obligation to participate or assist either party.

RISU reserves the right to edit, restrict or remove any content you provide for any reason at any time. The information and materials made available through the Site and Services may contain typographical errors or inaccuracies. In addition, RISU does not control the information provided by other users that is made available through the Site and Services.

RISU reserves the right to refuse service, terminate relationships, and/or alter the Site or Services in its discretion.

Other Responsibilities that You Have

You are responsible to verify third party content.Certain portions of the Site and Services, including, without limitation, information on certain private companies and/or individuals, may contain unedited or third party content. All postings, messages, text, images, links to third-party websites or other content published or otherwise made available are the sole responsibility of the person(s) who originated such content and RISU may not monitor, does not control and does not investigate or validate such content; provided that RISU reserves the right at all times (but will not have an obligation) to remove any content. By using this content, you agree to not rely on the content and understand that you may be exposed to content that is, without limitation, inaccurate, inappropriate, misleading, unlawful, offensive or otherwise objectionable, and that RISU makes no representations or warranties regarding the content and is not responsible or liable in any manner for the content or the conduct, whether online or offline, of any user. You should independently evaluate and verify all content.

You agree to cooperate with all reasonable requests of RISU and will notify RISU promptly upon learning of any actual or suspected breach of these Terms by you or unauthorized use or abuse of this Site

Authorized and Prohibited Uses of the Site

You are responsible for your own actions, inactions, and business judgment in the use of this Site and the Services, and for those who use the Site and Services on your behalf.

You may access, use and display this Site and download and print copies of the Content only for non-commercial, informational, internal business or personal use, without modification or alteration in any way, and only so long as you comply with these Terms and applicable laws. Except as may otherwise be expressly authorized by these Terms, you may not otherwise reproduce, sell, publish, distribute, share, modify, display, or use any of this Site or the Content without our prior written permission. If this Site permits the e-mailing of certain Content or a link through the use of an “e-mail to a friend” (or similar) icon, you may send that particular Content or link to others by e-mail, as indicated. You agree not to infringe upon any Intellectual Property Rights or remove or modify related proprietary notices contained in this Site or the Content.

Information you enter through the Site and Services must be in accordance with the following guidelines:

All determinations about compliance with these guidelines will be made by RISU reasonably and in good faith, and will be final without any opportunity for appeal.

Registration Passwords

At times, we may or may not require you to have a password and provide registration details to access this Site or portions of this Site. If we do require a password and registration details, the details you provide must be correct, current, and complete. If RISU believes that the details are not correct, current, and complete, we have the right to refuse you access to the Site, or any of its resources, and to terminate or suspend your account, if any. You are responsible for maintaining the confidentiality of any password(s) you are given to access this Site, and you are fully responsible for all activities that occur under your password(s). You agree to notify us immediately of any unauthorized use of your password(s). We reserve the absolute right not to issue a password to any person or entity.

Compliance with the Digital Millennium Copyright Act

RISU respects the rights of all copyright holders and in this regard, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of this Site who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. Section 512:

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

(c) Identification of the Content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and the information reasonably sufficient to permit RISU to locate the Content;

(d) Information reasonably sufficient to permit RISU to contact the complaining party;

(e) A statement that the complaining party has a good faith belief that the use of the Content in the manner complained of is not authorized by the copyright owner, its agent, or the law;

(f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For copyright inquiries under the Digital Millennium Copyright Act, please contact RISU’s Copyright Agent with subject of “Copyright” via email; inquiries with other subject lines will be discarded at

Linking

No link shall be made to any page of this Site except a direct link to the top page (http://www.risu-usa.com/) or (http://www.myrisu.com/us/)without framing. In addition, any link to this Site must be immediately followed by notice to RISU via email at support@us.myrisu.com with, subject of “Linking” and message with your web page URL. Please note that requests or inquiries with other subject lines will be discarded.

Moreover, in the event RISU deems your linking practices in relation to this Site to be inappropriate, RISU may provide you with notice concerning removal or modification of the inappropriate link, and you agree to comply with any and all requirements of RISU relating thereto.

Authority of Site Administrator

RISU may in its discretion modify, edit, translate, suspend, restrict access to or terminate this Site, these Terms, the Content or any link at any time without liability or prior notice. RISU may in its discretion terminate the browsing of, registration with and use of this Site by any user at any time without liability or prior notice for any reason, including for any breach of these Terms.

Links to Third Party Sites and Other Information

RISU has no obligation to monitor, control or restrict the use of this Site, or third party Sites accessible via links on this Site. These other sites are not under RISU’s control, and you acknowledge that (whether or not such sites are affiliated in any way with RISU) RISU is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by RISU or any association with its operators. Moreover, RISU has no obligation to verify any User Content submitted by a user or to provide any registration or other information to you concerning any Content.

Separate Terms and Conditions

From time to time in connection with your use of and/or access to information contained in certain areas of this Site, it may be necessary for you to consent to policies or terms and conditions in addition to these Terms. You should read carefully any such additional terms and conditions before making any use of such information, Services or areas of this Site. Any such terms will not vary or replace these Terms regarding any use of this Site, unless otherwise expressly stated. 

Technical Malfunctions

RISU is not responsible for any technical malfunction or other problems of any telephone network or service, internet connectivity and its performance, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the internet or at any site or combination thereof, including injury or damage to your or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the web and/or in connection with the Site and Services, including any mobile software.

Infringing or Illegal Content

We reserve the right to remove content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, RISU will also terminate a user's account if the user is determined to be an infringer.

Modification of Terms and Privacy Policy

These Terms and the Privacy Policy referenced herein constitute the complete agreement between you and RISU with respect to their subject matter and supersede any prior agreement or communication. These Terms are subject to change from time to time without prior and following notice.Your continued use of this Site subsequent to modification of these Terms shall constitute your acceptance of the modified Terms. If any term or provision of these Terms shall be found to be invalid, illegal or otherwise unenforceable, such finding shall not affect the other terms or provisions of these Terms, or the whole of these Terms, but such term or provision shall be deemed modified to the extent necessary to render such term or provision enforceable, and the rights and obligations of you and RISU shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in these Terms. Your obligations pursuant to these Terms shall survive termination of this Site, any use by you of this Site, any User Content on this Site, or these Terms.

Contacting Us

If you have any questions regarding these Terms or this Site, please contact us via email at support@us.myrisu.com with subject of “Inquiry of Terms”. Please note that requests or inquiries with other subject lines will be discarded.

No Assignment

You may not assign your rights or obligations under this Agreement without the express prior written consent of RISU.All other assignments by you are null and void.

Invalidity of Provisions

If any provision or provisions of this Agreement are held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

Warranty Disclaimers

THIS SITE, ITS CONTENT, AND ITS LINKS ARE PROVIDED ON AN "AS IS" BASIS AND ARE USED ONLY AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. RISU DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THIS SITE (INCLUDING ITS CONTENT, HARDWARE, SOFTWARE AND LINKS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY AND FREEDOM FROM COMPUTER VIRUS. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Limitations on Liability and Remedies

RISU'S AND ITS VENDORS AND LICENSORS ENTIRE LIABILITY for any monetary claims of any kind (assessed against RISU arising out of or relating to the use of the Site and Services) shall not exceed the total amount you paid to RISU during the previous three (3) months.RISU AND ITS VENDORS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THIS SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH RISU. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOST OPPORTUNITY, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, REPUTATION DAMAGE, LOW ACADEMIC ACHIEVEMENT OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF RISU HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, RISU AND IT’S VENDORS' LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. RISU DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH THIS SITE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THE MAXIMUM LIABILITY OF RISU WILL BE LIMITED TO, IN THE SOLE DISCRETION OF RISU, EITHER THE (1) CORRECTION OR DELETION OF ANY INACCURATE CONTENT OR LINK; OR (2) REFUND OF ANY FEES PAID TO RISU BYYOU IN THE TWELVE MONTHS PRECEDING THE CLAIM.

ndemnification

You agree to defend, indemnify and hold harmless RISU and its affiliates, officers, directors, employees and contractors from any demands, claims, damages, liabilities, expenses or harms, including attorneys fees, arising in connection with your use of this Site and the Services, your online conduct, breach of these Terms, dealings or transactions with other persons resulting from use of this Sites, or violations of intellectual property rights or applicable laws.

Statute of Limitations

You and RISU both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or Services, the Terms, other agreement between us must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred, excluding actions for non-payment of fees by RISU.

No Third Party Beneficiaries.

This agreement is between you and RISU and there are no third party beneficiaries.

Choice of Law and Forum; Dispute Resolution

With respect to any and all disputes arising out of or in connection with this Site or these Terms (including without limitation the Privacy Policy), you agree to negotiate in good faith and undertake reasonable efforts to cooperate with RISU in order to achieve a mutually satisfactory resolution. RISU has no obligation to become involved in any dispute between a user and any other person.

This Agreement shall be governed by, and construed and interpreted in accordance with, the internal laws of the State of California, USA, without regard to such state’s principles of conflicts of laws.The parties irrevocably and unconditionally agree that the exclusive place of jurisdiction for any action, suit or proceeding relating to this Agreement shall be in the state or federal courts situated in the County of Santa Clara, State of California, USA.Each party irrevocably and unconditionally waives any objection it may have to the venue in such courts or to the convenience of the forum.Final judgment shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any indebtedness or liability of any party therein described. Service of process by any party may be made by serving a copy of the summons and complaint, in addition to any other relevant documents, by commercial overnight courier to any other party at their address registered with or available on the Site.

Termination

RISU reserves the right to suspend or refuse registration or Service or Site access, to terminate these Terms, your Service or Site Access, other contracts and relationships with you or other parties, and/or cancel orders or use in our discretion.

Survival

Rights and duties that by their nature should survive termination, shall survive termination of this Agreement, including without limitation sections of these Terms on Dispute Resolution, Choice of Law and Forum, Statute of Limitations, Indemnification, Limitations on Liability and Remedies, Intellectual Property Rights, and Confidentiality.

last Revised June 13, 2018