Terms of Service for NewEdu Buyers

PLEASE READ VERY CAREFULLY THESE TERMS AND CONDITIONS BEFORE REGISTERING FOR THE NEWEDU ONLINE BUYER PROGRAM. PARTICIPATION IN THE NEWEDU ONLINE BUYER PROGRAM INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT REGISTER FOR THE NEWEDU ONLINE BUYER PROGRAM.

This agreement (the "Agreement") is entered into by and between you ("you") and NewEdu, Inc., ("NewEdu") regarding your use of NewEdu.com (the "Services"). By purchasing a lesson, premium instructional content, and/or any other salable items from the Service, you are entering into this Agreement with NewEdu and indicating that you agree to be bound by these terms and conditions. If you do not agree with these terms and conditions as stated, please do not use the Services.

1. Priority.
   This Agreement, in combination with NewEdu's General Terms of Service and NewEdu's General Privacy Policy, sets forth the terms and conditions under which NewEdu makes the Service available to you. In the event of an inconsistency between this Agreement and either NewEdu's general Terms of Use or Privacy Policy, this Agreement shall control.
2. Proper Use.
   You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations. You may not sell, use, reproduce, modify, edit, translate, publish, perform, display, post, transmit and distribute materials or services offered by the Service with the exception of those that You submit or offer, for any public or commercial purpose without the written permission of NewEdu. NewEdu or it's designated representatives, approves all content and services offered for sale by the Service, but does not directly edit, screen, filter, modify, or otherwise monitor the content of many of the free interactive sections of the Service in advance of displaying such content on the Service. NewEdu takes no responsibility for third party content, nor does NewEdu have any obligation to monitor such third party content. Nonetheless, NewEdu reserves the right not to respond to or Use materials or offered services that violate the foregoing conditions and to delete or edit materials or offered services, in whole or in part, from the Service at any time for any reason. Further NewEdu reserves the right to refuse service to anyone at any time without notice for any reason and to remove objectionable or personally identifiable information from any materials or offered services in its Use of such materials or offered services. NewEdu will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
3. Not Professional Instruction.
   While many of those offering content or services via the Service are professional, degree holding teachers and professors, information provided via the Services is not intended to substitute for informed professional instructional, medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional instruction. If you purchase materials or services related to learning about such a topic, we will assume you are interested in soliciting and receiving general instruction rather than professional advice. You should bear in mind that the applicability of such general information might vary substantially in different states and according to the individual factual circumstances surrounding a particular topic. Accordingly, if you desire or require professional instruction, please consult a qualified provider who is licensed in your state or country.
4. Confidentiality; Use of Information.
   The instructional materials or services you receive through the Service do not form the basis for a professional-client relationship, including but not limited to attorney-client, physician-patient, or therapist-patient and are not subject to standards or requirements of confidentiality and/or privilege associated therewith. You may choose to share various aspects of your activities within the Service with teachers, parents, benefactors, and other students; however, NewEdu will never share without your explicit permission any specific information about your pursuit of learning through the Service, including, but not limited to subjects investigated, tests/assessments/problem-sets taken, test/assessment/problem-set scores, tutors or coaches engaged, and amounts of money spent.
   
   NewEdu shall have the perpetual, irrevocable, non-exclusive right to use, reproduce, modify, edit, translate, publish, perform, display, post, transmit and distribute ("Use") any questions, comments, and/or the corresponding answers that you voluntarily contribute to the free community generated content sections (forum, wiki, discussion, newsgroup) of the Service, without compensation to you, anonymously or in the aggregate, for internal or external purposes, alone or as part of other works in any form, media, or technology, whether now known or hereafter developed and to sublicense such rights. NewEdu will not, however, publicly disclose your comments and questions in a manner that directly associates them with you (except where you include personally identifiable information voluntarily in a question or comment and such question or comment is Used by NewEdu as provided).
5. Payment Terms.
   When you first open your account with NewEdu, you may have the option to pay for certain content in its entirety at the time of purchase. In the case that the content or service being purchased is available as a stand-alone purchase, your credit card will be billed immediately for the specific fee related to that purchase. In the case that the content being purchased requires that you place a sum on deposit that is then drawn down by the current and subsequent purchases, your card will be billed for the whole initial minimum sum at the time of this initial purchase. This sum will then be debited as you make additional purchases over time. You can withdraw deposited, unspent funds from your account at any time, provided that you shall pay NewEdu a minimum, nonrefundable transaction fee of $1.00. Refunds will be issued within 30 days of the end of the month in which the request is made.
6. Refund Policy.
   You may request a refund for any materials or services purchased via the Service by submitting your request and the reason for your request to NewEdu. All reasonable refund requests will be honored.
7. No Warranty.
   The information provided by NewEdu pursuant to this Service is provided by NewEdu or independent contractors ("Instructors") to assist in your research. The Information disclosed within the Services has not been verified, however, and neither NewEdu nor Instructors represent that it is accurate, correct, complete, reliable, or otherwise valid. NewEdu does not endorse or recommend, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned in any question, comment or answer. Further NewEdu does not endorse or support any opinion expressed in a lesson, tutoring session, or public forum contained within the Service. THE INFORMATION AND SERVICE IS PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND AND YOU USE THE SERVICE AT YOUR OWN RISK. THE CONTENT OF THE LESSONS AND SERVICES OFFERED, IS PROVIDED BY AND IS THE RESPONSIBILITY OF THE PERSON POSTING AND/OR PROVIDING SUCH ITEMS. NEWEDU AND INSTRUCTORS EXPRESSLY DISCLAIM ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some states do not allow the exclusion of warranty, so the above exclusions may not apply to you.
8. Limitation of Liability.
   UNDER NO CIRCUMSTANCES WILL NEWEDU OR INSTRUCTORS OFFERING THEIR MATERIALS AND/OR SERVICES THROUGH THE SERVICE BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICE WHETHER OR NOT NEWEDU OR INSTRUCTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL NEWEDU OR INSTRUCTORS BE LIABLE TO YOU FOR ANY AMOUNT FOR SERVICES RENDERED OR INFORMATION PROVIDED PURSUANT TO THIS AGREEMENT, RATHER YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE THE REFUND OF FEES ACTUALLY PAID BY YOU TO NEWEDU FOR ANY INSTANCE OF USE OF THE SERVICES THAT GIVES RISE TO A CLAIM. TO THE EXTENT THAT ANY QUESTION, COMMENT, OR ANSWER REFERS TO ANY PRODUCT, MANUFACTURER, DISTRIBUTOR, COMPANY, SERVICE OR SERVICE PROVIDER, NEWEDU EXPRESSLY DISCLAIMS ANY ASSOCIATION WITH, ENDORSEMENT OF OR LIABILITY FOR ANY SUCH PRODUCT, MANUFACTURER, DISTRIBUTOR, COMPANY, SERVICE OR SERVICE PROVIDER. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you.
9. Hold Harmless and Indemnity.
   You agree to hold harmless and indemnify NewEdu, and its Instructors, employees, agents and representatives, from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, NewEdu or the affected Instructor(s) will provide you with written notice of such claim, suit or action.
10. Release and Waiver.
    To the maximum extent permitted by applicable law, you hereby release, and waive all claims against NewEdu and its employees and agents from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising out of or in any way connected with use of the Service. If you are a California resident, you waive your rights, whether known or unknown, under California Civil Code S 1542, which states, "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." Residents of other states and nations similarly waive their rights under applicable and/or analogous laws, statutes, or regulations.
11. No Assignment.
    You shall not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without NewEdu's prior written consent. Any such purported assignment or delegation by you without NewEdu's prior written consent will be null and void and of no force or effect, unless otherwise expressly consented to by NewEdu at its sole and absolute discretion.
12. Relationship of the Parties.
    Notwithstanding any provision hereof, for all purposes of this Agreement each party shall be and act as an independent contractor and not as partner, joint venturer, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract.
13. Arbitration.
    Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in San Francisco, California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, NewEdu may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
14. Miscellaneous.
    If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. NewEdu's failure to act with respect to a breach by you or others does not waive NewEdu's right to act with respect to subsequent or similar breaches. The failure of NewEdu to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. The section headings and subheadings contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement. This Agreement shall be interpreted in accordance with the laws of the State of California as if made in California by two residents of that state. This Agreement constitutes the entire agreement between NewEdu and you with respect to the subject matter hereof.