TERMS

This web site (the "Site"), is owned and operated by AI Master, Inc. ("AI Master" or "us" or "we"). By accessing or using this Site, you agree to be bound by the following terms and conditions (the "Terms of Use") and the terms and conditions of our Privacy Policy which is hereby incorporated by reference (collectively, this "Agreement"). We reserve the right, at our discretion, to change any of these terms at any time. If you do not agree to these Terms of Use, you may not and should not access or otherwise use this website (“Site”) or any of the Services thereon. We will put up notices on our homepage and/or notify you by email to the extent we have such information, to notify you regarding any materials updates or amendments to the Terms of Use and/or Privacy Policy. For this additional reason, you should keep your contact and profile information current. It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If you continue to use the Site, you signify your agreement to our revisions to these Terms of Use and represent that you are at least 18 years of age.

PRIVACY. respects the privacy of its users. Please refer to AI Master’ Privacy Policy (found here which explains how we collect, use and disclose information that pertains to your privacy. When you access or use our website and/or mobile application, you signify your agreement to this Privacy Policy.

PROPRIETARY SERVICES FOR REGISTERED USERS. AI Master operates an electronic platform/system that enables students, instructors, tutors and administrators of educational institutions to access and use certain online textbooks, products and services offered by AI Master (the "Services") through the Site. There are preview sections of material on this Site that includes general non-proprietary information available to all users of the Site, but in order to get full access and use the Services you will be required to register on the Site.

INTELLECTUAL PROPERTY. AI Master is the owner or licensee of the content and/or information on the Site and is the owner and/or authorized user of all trademarks, logos, service marks and trade names (collectively the "Trademarks") on the Site. Except as otherwise expressly provided herein, Your use of the Site does not grant to you a license to any content or materials you may access on the Site. Nothing contained on the Site should be construed as granting any license or right to use any Trademark displayed on the Site without our written permission or that of the third party rights holder. You agree that you will not a) distribute or disclose the Services or content appearing therein to third parties that are not Registered Users; (b) create or encourage the creation of derivative works, modifications, or adaptations of the Services or content appearing therein; (c) decompile, reverse engineering or disassembling the Services or any code consisting thereof, (d) remove or modify any proprietary marking or restrictive legends placed on the in the Services or content contained therein or (e) using any robot, spider, other automatic device or program or manual process to monitor, copy or reproduce the Services or content contained therein.

COMMUNICATIONS TO AI MASTER, FEEDBACK AND USER GENERATED CONTENT. Although we welcome you to e-mail us, you should not e-mail us anything that contains confidential or personal information other than your contact information. Our Privacy Policy provides information with regard to how we handle your personal information. With respect to all e-mails you send to us, including but not limited to feedback, questions, comments, suggestions, and the like, we shall be free to, and you grant us a royalty free, irrevocable worldwide license to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production and marketing of products and services that incorporate such information.

AI Master does not review all communications and materials posted to or created by users accessing the Services (hereinafter, "User Generated Content"), and is not in any manner responsible for the content of the User Generated Content. We reserves the right to block or remove communications or materials that it determines to be in violation of our Community Guidelines or is offensive or otherwise unacceptable to AI Master in its sole discretion.

You own the rights to anything you post to the Services, including text and photographs. You do, however, grant us an irrevocable, non-exclusive, worldwide, perpetual, royalty-free license to use, modify, copy, distribute, publish, perform, sublicense, and create derivative works from all submissions you provide to us, in any media now known or hereafter devised.

COMMUNITY GUIDELINES. While using the Site and the Services, you agree not to:

  1. post any information that is abusive, threatening, obscene, pornographic, defamatory, libelous, or racially, sexually, religiously or otherwise objectionable and offensive in the opinion of AI Master management and staff;
  2. use the Site and for any unlawful purpose or the promotion of activities that violate the laws of the United States, its states, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country;
  3. Infringe on anyone’s intellectual property rights, defame, harass or abuse anyone or any group, impersonate anyone, or otherwise violate the rights of a third party
  4. interfere or attempt to interfere with the proper functioning of AI Master’ Site, Services or hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of AI Master’ Site and Services, those of its partners, or gain unauthorized access its users’ computers
  5. make any automated use of the system, or take any action that we deem to impose or to potentially impose unreasonable or disproportionately large load on our (or our third party providers’) servers, system and network infrastructures.
  6. bypass any robot exclusion headers or other measures we (or our third party providers) take to restrict access to our Site and Services, or use of any technology, or device to scrape, spider, or crawl our website or harvest or manipulate data;
  7. publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
  8. Do anything else which, at the sole discretion of AI Master, could bring AI Master into disrepute, or which violates the rights of any person.
  9. obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site.

You understand and agree that some of your User Generated Content, such as that which is displayed outside your profile, in activity feeds or which you post in community forums, or on other platforms (e.g., Facebook, Twitter, Google, etc), may continue to appear even after your User Generated Content is removed or your account is terminated. When you share your User Generated Content to sites on other platforms, you are agreeing to share such information and consenting to its publication according to the terms and conditions of those platforms.

AVAILABILITY OF SITE AND SERVICES. AI Master recognizes that the traffic of data through the Internet may cause delays during the download of information from the Site and Services and accordingly, you agree that you shall not hold the AI Master liable for delays that are ordinary in the course of Internet use. You further acknowledge and accepts that the Site and Services will not be available on a continual twenty-four hour basis due to such delays, or delays caused by the Company's upgrading, modification, or standard maintenance of the Site.

NO WARRANTIES. WE AND OUR SERVICE PROVIDERS MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENTS OF THE SITE OR THE SERVICE. WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE SITE OR THE SERVICE FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE WEBSITE, THE SITE’S CONTENT, AND THE SERVICE AT YOUR OWN RISK. THE SERVICE AND INFORMATION ON THE SITE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, AI Master EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. THE SITE AND THE SERVICE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. AI Master IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL OR TECHNICAL ERRORS. AI Master RESERVES THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SITE AND THE SERVICE AT ANY TIME WITHOUT NOTICE.

LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AI Master, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH AI Master OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AI Master HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE (OR OUR SERVICES) AND IN NO EVENT WILL IT EXCEED $50. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

You agree that any cause of action related to or arising out of your relationship with AI Master must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

THIRD PARTY WEBSITES. The Site may contain links to third-party websites ("Third Party Websites"). We are not responsible for the content of any linked Third Party Websites and do not make any representations regarding the content or accuracy of materials on such Third Party Websites.

RESTRICTIONS. In accordance with Federal Children's Online Privacy Protection Act of 1998 (COPPA), we will never knowingly solicit, nor will we accept, personally identifiable information from users under thirteen (13) years of age. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at [service@ai-master.com. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.

RESTRICTIONS FOR INSTRUCTORS. If you intend to use the Services to instruct others in a group or one on one environment you are an “Instructor” and agree to the following terms: You agree that any third parties that you intend to use the Services to instruct, teach or tutor shall register to use the Services, sign up as a Registered User and agree to the subject to the terms of this Agreement. The review quizzes and reviews are not intended to be used by instructors to test or grade students. You will not have access to student quiz scores or progress. If you are a tutor or instructor, you agree that you will not use such portions of the materials to grade students or store information to assess their performance. The Services are not connected to nor are they intended to be part of any third party learning management system. If you are an Instructor you represent that you are familiar with and agree to be responsible for compliance with the Family Educational Rights and Privacy Act and the United States Department of Education's implementing regulations at 20 U.S.C. § 1232g and 34 CFR Part 99 (collectively, "FERPA") and all other laws rules or regulations concerning the collection, use, and disclosure of Personal Information about Registered Users that are your students and subject to FERPA and which access the Service that are the subject of this Agreement (collectively, "Applicable Law"). "Personal Information" means any and all information that could, individually or when combined with other information, identify an individual. AI Masters acknowledges that, during the use of the Services, personally identifiable information about students ("Sensitive Student Data") may be disclosed to AI Masters in connection with the Services. In the event such Services are in connection with activities that would require it to be compliant with FERPA, AI Masters acknowledges that it will be considered a "School Official" (as that term is used in FERPA) and agrees that it will comply with the requirements in FERPA concerning the confidentiality and release of Sensitive Student Data. Further, subject to these requirements AI Masters agrees that under applicable law, regulation and policy, officers, employees, and agents of AI Masters who access Sensitive Student Data may use such data only for the purposes for which such data has been made available to the AI Master. AI Masters and its employees, contractors, suppliers and licensors shall only use Sensitive Student Data for the purpose of facilitating the performance, delivery or use of the Services and are limited as set forth in the Privacy Policy.

INDEMNIFICATION. You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, service providers, and assignees harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use, or misuse of the AI Master content, the Site, or the Service. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter. AI Masters shall indemnify, defend and hold harmless Registered Users from and against any and all liabilities, claims, demands, losses, damages, costs and expenses, including reasonable attorneys' fees, related to or arising out of any claim by a third party that the Services infringes or misappropriates the intellectual property rights of any third party.

COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT

(a) Termination of Repeat Infringer Accounts. AI Master respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, AI Master has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of AI Master’ Site and Services who are repeat infringers. AI Master may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.

(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to AI Master’ designated copyright agent at: service@ai-master.com or 6496 Weathers Pl. Suite 210, San Diego, CA, 92121.

  1. The date of your notification
  2. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  3. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  4. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
  5. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
  6. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:

  1. Your physical or electronic signature;
  2. A description of the content that has been removed and the location at which the content appeared before it was removed;
  3. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.

If a counter-notice is received by AI Master’ copyright agent, AI Master may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in the AI Master’ discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.

COMPLIANCE WITH APPLICABLE LAWS. We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury.

TERMINATION OF THE AGREEMENT. We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to the Services and/or all or any part of the Site, at any time and for any reason without prior notice or liability.

EMAIL MAY NOT BE USED TO PROVIDE NOTICE Communications made through the AI Master’ Site and Services’s e-mail and messaging system, will not constitute legal notice to AI Master or any of its officers, employees, agents or representatives in any situation where notice to AI Master is required by contract or any law or regulation.

CALIFORNIA CONSUMER NOTICE. Under California Civil Code Section 1789.3, California users of AI Master’ services receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.

MISCELLANEOUS. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: "Intellectual Property," "Communications to AI Master," "No Warranties," "Indemnification," "Termination of the Agreement," and "Miscellaneous." Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.

These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions. Any claim or dispute between us arising out of the Services will be decided exclusively in the federal and/or state courts for San Diego County, California.

AI Master may assign or delegate these Terms of Service and/or AI Master’ Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without AI Master’ prior written consent, and any unauthorized assignment and delegation by you is void.