Cancellation Policy

Canceling

If you cancel 3 days (72 hours) before the class, there will be no fee. If you cancel 71 hours before the lesson you will have to pay a fee of 50% of the amount you paid. This prevents instructors from unnecessarily preparing materials for your lesson.

Rescheduling

If you cancel 3 days (72 hours) before the class, there will be no fee. If you cancel 71 hours before the lesson you will have to pay a fee of 50% of the amount you paid. This prevents instructors from unnecessarily preparing materials for your lesson.

Internet

Instructor make every effort to continue with their experience as scheduled. Should low internet conditions create not qualify online learning experience, the instructor may change different channel to connect with you to continue the experience.

Should this happen, Etomon will work with your instructor to provide an appropriate refund. In addition, you and your instructor should be in communication about the situation.

Cookie Policy

In order to improve our platform, Etomon uses cookies and other similar technologies which assist in providing, improving, and protecting the platform. The following explains how and why these technologies are used and the choices you have.

In order to improve our platform, Etomon uses cookies and other similar technologies which assist in providing, improving, and protecting the platform. The following explains how and why these technologies are used and the choices you have.

(1) “Session cookies”: Typically expire when you close your browser.

(2) “Persistent cookies”: Remain on your device after you close your browser, and can be used again the next time you use Etomon.

Why Etomon Uses These Technologies

We use these technologies for a variety of purposes, such as:

  • To enable users to use and access Etomon’s platform and payment services.
  • To make users access to Etomon easier and more streamlined.
  • To understand how users navigate and interact with the Etomon and subsequently improve the platform.
  • To keep track of the effectiveness of Etomon’s platform.
  • To enforce legal agreements that govern use of Etomon.
  • For fraud detection and prevention, and investigations.
  • For purposes of our own customer support, analytics, research, product development, and regulatory compliance.
Third Parties

We may also allow certain business partners to place these technologies on Etomon. These partners use these technologies to (1) help us analyze how you use Etomon, such as by noting the third party services from which you arrived, (2) market and advertise Etomon services to you on the Etomon Platform and third party websites, (3) help us detect or prevent fraud or conduct risk assessments, or (4) collect information about your activities on the Etomon Platform, other sites, and/or the ads you have clicked on.

Third Party Social Plugins

Etomon may use social plugins provided and operated by third parties, such as Facebook’s Like Button. As a result of this, you may send to the third party the information that you are viewing on a certain part of the Etomon Platform. If you are not logged into your account with the third party, then the third party may not know your identity. If you are logged in to your account with the third party, then the third party may be able to link information or actions about your interactions with Etomon to your account with them. Please refer to the third party’s privacy policies to learn more about its data practices.

Your Choices

Most browsers automatically accept cookies, but if desired you can modify your settings to decline cookies by using the Help portion of your browser’s toolbar.

Flash cookies operate differently than browser cookies, and cookie management tools available in a web browser will not remove flash cookies. To learn more about how to manage flash cookies, you can visit the Adobe website and make changes at the Global Privacy Settings Panel.

Your mobile device may allow you to control cookies through its settings function. Refer to your device manufacturer’s instructions for more information.

If you choose to decline cookies, some parts of Etomon may not work as intended or may not work at all.

Responsibilities of Instructors in the United States

We encourage Instructors to think carefully about their responsibilities. Instructing offers rich experiences, but it comes with a certain level of commitment. In addition to the basic requirement that we expect of all instructors, here are some ways you can be a responsible instructor. *

We May Conduct a Background Check

Before your profile goes lives, we will run a background check. The purpose of this is to make sure you are trustworthy and reliable. The background check will cover Social Security number traces, felonies, sex crimes and certain misdemeanors.

The Ability to Design Unique Courses of Your Own

Before you post your courses, we already believe you have the professional ability to design the course information on your own for your students. Before the course if officially posted, we are looking for the following information:

  • Class material information required for the course
  • The e-material you offer to the students taking your class

Teaching classroom environment

The classroom environment you create for your students affects how they feel about the class and your personal image. Make sure the environment enhances the learning experience and is creative, comfortable, and quiet for the entirety of the online learning experience. The environment must be quiet, private, and have a creative background;

Expectations of Instructors During Class

  • Your personal behavior should be warm, friendly, and respectful
  • Understand what your student needs now and what their future goals are
  • Adhere to the goal of the lesson & help the student understand the material by engaging the student and encouraging them to do more
  • You can do this by using Etomon’s teaching tools, such as the whiteboard, so students can save the information they learned after class

Feedback After Class is Required!

  • Appreciate the experience you had with your student
  • Share your ideas with students about which area they can improve in.
  • Tell the student how you believe their future can be different if they continue to improve

Keep in Mind:

Have an Adult Present

An adult should always be present with the student for tutoring sessions if the student is under the age of eighteen. At the beginning of your lessons with a student underneath the age of eighteen, ensure that there is an adult present in the room close to them. If there is no adult present, do not continue the lesson.

Ensuring Safety of Students:

Etomon has a zero-tolerance policy for inappropriate behavior or actions between an instructor and a student. If a complaint is made about an instructor, and after investigation it is found that inappropriate behavior was committed, Etomon will immediately remove the teacher from its website and take legal action by reporting the incident to local law enforcement.

General Regulations:

Before signing up with Etomon, ensure that you are abiding by your local and state laws. Etomon will not take responsibility for laws in fractured by an instructor who uses Etomon.

Taxes:

Ensure you look up any local taxes or business license requirements that may apply. This may include things like hotel/transient occupancy tax, sales, and other turnover taxes such as Value Added Tax (VAT) or Goods and Services Tax (GST), or income tax.

Permits or Registrations:

Ensure you look up any permitting, zoning, safety, and health regulations that may apply. The governing authorities that regulate the use and development of property in your area may have useful information on such regulations.

Teacher Contracts/Stability:

If you are already a teacher under a contract, you need to make sure your contract does not affect your ability to teach at Etomon.

What are Etomon's basic requirements for Instructor?

To help create useful, reliable learning experience for your students, we ask all Instructor to meet five basic requirements for each listing:

  • Provide essential E recourse: This includes E book, video, PowerPoint, and different digital useful information that can help them anytime.
  • Be responsive: Maintain a high response rate by replying to booking inquiries
  • Confirm reservation requests: After you receive a confirmation for a class reservation, message your student in order to make them feel welcome, whenever you get the chance before the lesson starts.
  • Avoid cancellations: We take cancellations seriously and ask all instructor to avoid cancelling.
  • Maintain a high overall rating: Students like to know they can expect a consistent level of quality, no matter where they book.

Your performance is tracked against the average level of performance for all instructors on Etomon. Listings that consistently fall below the average could be subject to penalties.

Instructor Payment Policy

Conditions for guaranteeing receipt of payment for student lessons:

Etomon is a marketplace for those seeking tutoring services to connect with those seeking to provide tutoring services. Etomon also provides a service to its users whereby payments will be distributed to tutors that originate from their students. Etomon offers tutors a layer of protection in the collection of their funds but, by providing different payment methods like PayPal and transaction through bank. In case of transaction through a bank, they might be a small processing fee charged by the bank.

  1. In general, the class beginning and end time consented to during online course registration by the instructor and student will be viewed as the duration of the lesson. For any other time taken for conversation or discussion outside the lesson won’t be included in the lesson time. We strongly encourage students and teachers take advantage of the up-coming feature of “Teacher’s Lounge” to have open discussion.
    Prior to each lesson being given, the students must have paid the courses before she/he can reserve a teacher’s course time slot. Etomo, Inc. is responsible to handle the student payment and pay the teachers subsequently.
  2. The lesson is delivered via an online video room / drawing board within www.etomon.com at a mutually agreed upon time. Therefore, internet access is required and be ready before each class. It’s the instructor and student’s responsibility to come to the online class room on time.
  3. Prior to class starts, a text message from Etomon.com will be sent to both teachers and students as reminder of the class. Etomon, Inc takes no additional responsibility for teachers and students attending class ontime.
  4. Students may be charged a 50% of the total fee i.e. including service fee as a cancellation fee if a student fails to cancel the class before 72 hours of the lesson start time.

Timing and delivery of payments

If all the Conditions for guaranteeing receipt of payment for student lessons are met, instructor can expect to receive their funds according to the following schedule. If there are questions about any of the conditions, payments may be delayed while Etomon attempts to resolve the questions.

  1. Teachers or tutors will be paid on the 1st and 15th of each months of all outstanding balance.
  2. Instructors should not collect or solicit payment directly from students by either cash, check or any other forms for the lesson.
  3. Instructors will receive payments via instructor’s PayPal accounts. Should the instructors do not have prior PayPal account, instructors’ email will be used as PayPal accounts, and payments can be withdrawn by instructors via their email account in PayPal.
  4. As a gratitude of the service provided by Etomon, a total of 20% service fee will be charged on students’ each course payment. The remaining balance will be paid to the instructors.

No commitments, no upfront costs

Etomon doesn’t not charge instructors and students any up-front fee or any other additional fee except for the total of 20% service fee mentioned in above.

Payment Options

Etomon accepts student payment via PalPal, and all major credit and debit cards including Visa, MasterCard, American Express, and Discover.

Unlimited phone and email support

Etomon has a dedicated customer support team which is available to assist you and answer any questions that may arise. We are eager to hear from you for any questions, comments and suggestions, so please don’t hesitate to contact us via phone at (646) 385-2603 from 8:30 am – 6:30 EST, or via email after hours at etomoncustomerservice@gmail.com.

Refund Policy

Last Updated: November 26th, 2018

These terms and conditions govern Etomon policy for student’s refunds (“students Refund Policy”) and the obligations of the instructor associated with the students Refund Policy. The students Refund Policy applies in addition to Etomon’s Terms of service (“Etomon Terms”). The Student Refund Policy is available to students who book and pay for an lesson through the Etomon Platform and suffer a learn issue (as defined below). The Student ’s rights under this refund policy will supersede the instructor ’s cancellation policy. If a student is late beyond half of the time of their class (example: For a 1-hour class you cannot be late beyond 31 minutes), the class will automatically be cancelled and the student will not receive a refund. The only exception is if your instructor agrees to continue your lesson and excuse your lateness after you communicate with them.

All capitalized terms shall have the meaning set forth in the Etomon Terms or payments Terms unless otherwise defined in this students Refund Policy.

By using the Etomon Platform as an instructor or students, you are indicating that you have read and that you understand and agree to be bound by this student Refund Policy.

1. The student Refund Policy

If you are a student and suffer an online learning experience issue, we agree, at our discretion, to either (i) reimburse you up to the amount paid by you through the Etomon Platform (“Total Fees”) depending on the nature of the online learning experience Issue suffered, or (ii) use our reasonable efforts to find and book you another instructor for any unused lesson left in your booking which is reasonably comparable to the online learning experience described in your original booking in terms of subject, level, features and quality. All determinations of Etomon with respect to the student Refund Policy, including without limitation the size of any refund and the comparability of alternate online learning experience, shall be in Etomon ’s discretion, and final and binding on the student and instructor.

2. Conditions to Claim an online learning experience Issue

To submit a valid claim for online learning experience Issue and receive the benefits with respect to your booking, you are required to meet each of the following conditions:

(a) you must be the Student that booked the Online learning with instructor;

(b) you must bring the learning Issue to our attention in writing or via telephone and provide us with information (including photographs or other evidence) about the learning online learning and the circumstances of the learn Issue within 24 hours after the (i) the start of your booking or (ii) you discover the existence of the online learning experience issue, and must respond to any requests by us for additional information or cooperation on the online learning experience Issue;

(c) you must not have directly or indirectly caused the online learning experience Issue (through your action, omission or negligence); and

(d) unless Etomon advises you that the online learning experience Issue cannot be remediated, you must have used reasonable efforts to try to remedy the circumstances of the online learning experience with the instructor prior to making a claim for an online learning experience.

3. General Provisions

3.1 No Assignment/No Insurance. This student Refund Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the student, and the student has not paid any premium in respect of the student Refund Policy. The benefits provided under this student Refund Policy are not assignable or transferable by you.

3.2 Modification or Termination. Etomon reserves the right to modify or terminate this student Refund Policy, at any time, in its sole discretion. If Etomon modifies this student Refund Policy, we will post the modification on the Etomon Platform or provide you with notice of the modification and Etomon will continue to process all claims for Travel Issues made prior to the effective date of the modification.

3.3 Entire Agreement. This student Refund Policy constitutes the entire and exclusive understanding and agreement between Etomon and you regarding the student Refund Policy and supersedes and replaces any and all prior oral or written understandings or agreements between Etomon and you regarding the Student Refund Policy.

4. Contacting Etomon

If you have any questions about the Student Refund Policy, please email us.

Copyright

Notification of Copyright Infringement

Intellectual property rights are the core of every business. Etomon as an emerging online learning and tutoring platform respects the others’ intellectual property rights and are strive to protect Etomon’s.

Etomon shows zero tolerance of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. User’s account/access would be disabled and terminated immediately once we find they have infringed or is infringing etomon’s or other companies’ Intellectual property rights.

Copyright policy for instructors/tutors on Etomon.com

Every lesson, image, teaching plan & content, and quiz created by instructors/tutors at Etomon is strictly protected under this copyright policy. Account/access of users (students and instructors/tutors) who copy others’ work without their permission would be terminated permanently.

In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Etomon will respond expeditiously to claims of copyright infringement committed using the Etomon website (the "Site") that are reported to Etomon's Designated Copyright Agent, identified in the sample notice below.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site and Application by completing the following DMCA Notice of Alleged Infringement and delivering it to Etomon’s Designated Copyright Agent. Upon receipt of the Notice as described below, Etomon will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site and Application.

Notice as described below, Etomon will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site and Application.

DMCA Notice of Alleged Infringement ("Notice")

  1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you will provide a comprehensive list of the copyrighted works that you claim have been infringed.
  2. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site and Application where such material may be found.
  3. Provide your mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the Notice:
    • "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
    • "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
  5. Provide your full legal name and your electronic or physical signature. Deliver this Notice, with all items completed, to Etomon’s Designated Copyright Agent:

    Copyright Agent
    Etomon
    260 Grand St.
    New York, NY 10013

Instructor make every effort to continue with their experience as scheduled. Should low internet conditions create not qualify online learning experience, the instructor may change different channel to connect with you to continue the experience.

Should this happen, Etomon will work with your instructor to provide an appropriate refund. In addition, you and your instructor should be in communication about the situation.

Nondiscrimination

Our Commitment to Inclusion and Respect

Etomon is, at its core, an open community dedicated to bringing the world closer together by sharing and providing meaningful, knowledgeable experiences among people from all parts of the world. Our community includes millions of people from virtually every country on the globe. It is an incredibly diverse community, drawing together individuals of different cultures, values, and norms.

The Etomon community is committed to building a world where people from every background feel welcome and respected, no matter how much they have learned from school or at home. This commitment rests on two foundational principles that apply both to Etomon instructor and the student: inclusion and respect. Our shared commitment to these principles enables every member of our community to feel welcome on the Etomon platform no matter who they are, where they come from, religious beliefs, or their sexuality. Etomon recognizes that some jurisdictions permit, or require, distinctions among individuals based on factors such as national origin, gender, marital status or sexual orientation, and it does not require instructor to violate local laws or take actions that may subject them to legal liability. Etomon will provide additional guidance and adjust this nondiscrimination policy to reflect such permissions and requirements in the jurisdictions where they exist.

While we do not believe that one company can mandate harmony among all people, we do believe that the Etomon community can promote empathy and understanding across all cultures. We are all committed to doing everything we can to help eliminate all forms of unlawful bias, discrimination, and intolerance from our platform. We want to promote a culture within the Etomon community—instructor, (student) and people just considering whether to use our platform—that goes above and beyond mere compliance. To that end, all of us, Etomon employees, instructor and students alike, agree to read and act in accordance with the following policy to strengthen our community and realize our mission of ensuring that everyone can learn more, and grow at anytime.

  • Inclusion – We welcome individuals of all backgrounds with authentic hospitality and open minds. Joining Etomon, as an instructor or student, means becoming part of a community of hospitality. Bias, prejudice, racism, and hatred have no place on our platform or in our community. While instructors are required to follow all applicable laws that prohibit discrimination based on such factors as race, religion, national origin, and others listed below, we commit to do more than comply with the minimum requirements established by law.
  • Respect – We are respectful of each other in our interactions and encounters. Etomon appreciates that local laws and cultural norms vary around the world and expects Instructors and students to abide by local laws, and to engage with each other respectfully, even when views may not reflect their beliefs or upbringings. Etomon’s members bring to our community an incredible diversity of background experiences, beliefs, and customs. By connecting people from different backgrounds, Etomon fosters greater understanding and appreciation for the common characteristics shared by all human beings and undermines prejudice rooted in misconception, misinformation, or misunderstanding.

Race, Color, Ethnicity, National Origin, Religion, Sexual Orientation, Gender Identity, or Marital Status

  • Etomon instructor may not:
    • Cancel a student based on race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.
    • Impose any different terms or conditions based on race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.
    • Post any listing or make any statement that discourages or indicates a preference for or against any guest on account of race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.

Disability

  • Etomon instructor may not:
    • Decline a student based on any actual or perceived disability.
    • Impose any different terms or conditions based on the fact that the student has a disability.
    • Substitute their own judgment about whether a course meets the needs of a student with a disability for that of the prospective instructor.
    • Inquire about the existence or severity of a student’s disability, or the means used to accommodate any disability. If, however, a potential student raises his or her disability, an instructor may, and should, discuss with the potential student whether the listing meets the potential student’s needs.
    • Charge more in instruction or other fees for students with disabilities.
    • Post any listing or make any statement that discourages or indicates a preference for or against any student on account of the fact that the student has a disability.
    • Refuse to communicate with students through accessible means that are available, including relay operators (for people with hearing impairments) and e-mail (for people with vision impairments using screen readers).

  • Etomon instructor may:
    • Provide factually accurate information about the courses accessibility features (or lack of them), allowing for students with disabilities to assess for themselves whether the course is appropriate to their individual needs.

Terms of Service

Last Updated: November 26, 2018

Introduction

These terms of use bind you, the company you represent, and the company that registered to the terms and conditions in connection with your use of Etomon’s website and mobile applications. By clicking on the sign up button, you agree to become bound by the terms of Etomon. The term “you” for the rest of the agreement refers to any person choosing to access the services of Etomon (“us”, “we”, “our”) through out website. If you do not agree to all these terms, you may click on the “x” button to exit and refuse Etomon services.
Etomon’s acceptance conditioned upon your agreement to all these terms, to the exclusion of all other terms. If these terms are considered an offer by Etomon, acceptance is limited to these terms.

Pre-arbitration clause: Important: By agreeing these terms you agree to resolve disputes with Etomon through binding arbitration, and you waive certain rights to to participate in class actions.
Any version of these Terms of Use in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.

Additional Agreements

If you are an instructor (as defined below), you are also subject to the Standards for the Instructure which are hereby incorporated by reference into these terms.

Etomon as a Platform

Etomon as a platform is an educational marketplace where our services enable students find courses and instructors, to be able to learn via our digital classroom. Instructors are independent contractors who provide live and recorded instruction, tutoring, and learning services via our website. The services include, without limitation, hosting courses and supporting materials, and taking feedback from users. In using the platform you authorize Etomon to share your information to other users of the platform, for instance, but not limiting to, instructor information will be shared with students and likewise student information will be shared with instructors, including your background, qualificationa and experience, profile and location.

Eligibility

Use of Etomon requires a binding agreement and hence may only be agreed by individuals eligible of being in a legally binding contract. As a result, children under the age of 18 years are not permitted and may only gain access of the site through a parent or guardian who is solely responsible for authorizing and monitoring the use of the site by children. Any violations of this will result in the User account being suspended or deactivated.

Equipment and Other Technical Requiements

Users are responsible for the required equipment – Computer (desktop, laptop, mobile or other device), a camera as an internal (included on most laptops and mobile devices) or external device that operates with your type of computer and internet service.

For the best quality experience, minimum system requirements include:

  • Operating System: Windows 7 and up; or MAC OS 10.8x and up
  • CPU: Dual core or higher
  • Memory: 4GB memory or higher
  • Internet: Highspeed internet
  • Browser: Latest version of Chrome or Mozilla firefox

Charges

Prices are set by the instructor who is the creator of the course, therefore prices may vary from instructor to instructor. Once you select a course to take, payment must be completed before you start your course.

Cancellation Fee

If you cancel 3 days (72 hours) before the class, there will be no fee. If you cancel 71 hours before the lesson, you will have to pay a fee of 50% of the amount paid. This prevents instructors from unnecessarily preparing materials for your lesson.

Registration

To use certain Services, you will need to register and obtain an account and password. When you register, the information you provide to us during the registration process will help us in offering content, customer service, network management and other services. You are solely responsible for maintaining the confidentiality of your account, username, and password and for all activities associated with or occurring under your account. You represent and warrant that your account information will be accurate at all times. You must notify us (a) immediately of any unauthorized use of your account and any other breach of security, and (b) ensure that you exit from your account at the end of each use of the Services. To the extent permissible under applicable law, we cannot and will not be responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of use of your account, either with or without your knowledge, prior to your notifying us of unauthorized access to your account.

General

Occasionally, we may update these terms to clarify our practices or to reflect new or different practices, such as addition of new features, and Etomon reserves the right in its sole discretion to modify and make changes to these terms at any time. If we make any material change to these terms, we will notify you using prominent means such as by email notice sent to the email address specified in your account or by posting a notice through our services. Modifications will become effective on the day they are posted unless stated otherwise.

You are solely responsible for all service, telephone, data charges and/or other fees and costs associated with your access to and use of the services, as well as for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.

If you elect to access or use our services that involve payment of a fee, then you agree to pay, and will be responsible for payment of, that fee and all taxes associated with such access or use.

All of your use, access and other activities relating to the services must be in compliance with all applicable laws and regulations, including, without limitations, laws relating to copyright and other intellectual property use, and to privacy and personal identity. Further, access to our services from territories where their contents are illegal is prohibited. Those who choose to access or use the services from locations outside of the United States do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, e-mail, or privacy. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. If you use the services or third party platforms (as defined in the next section) from countries outside of the United States You must agree to abide by all local rules regarding online conduct and acceptable content.

General Disclaimer

The services are only a marketplace for instructors and students. We do not hire or employ instructors and we are not responsible or liable for any interactions involved between the Instructors and the students who purchase an instructor's course via the services. We are not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to conduct of Instructors or students, including, but not limited to, any student's reliance upon any information provided by an Instructor.

Conduct

You may only access the services for lawful purposes. You are responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the services. You agree not to use the services or the company content to recruit, solicit, or contact in any form, Instructors or potential users for employment or contracting for a business not affiliated with us without our advance written permission, which may be withheld in our sole discretion. You assume any and all risks from any meetings or contact between you and any Instructors or other Users of the Services.

During the lesson in the video room, students must ask the instructors permission to record a copy of the session. In general, students should not record the lesson and keep it for themselves. Unless the student wants to record it to keep as a learning resource. In this scenario, they must ask for the instructor’s permission. If they do not ask permission, it will be considered a violation of privacy and Etomon retains the right to cancel the students account. Etomon will refer to your state laws when investigating these instances. Most states enforce “one-party consent laws” where only one party has to agree to a recording. However, some states enforce “all-party consent laws” which mandates all parties to give consent before a recording.

Specific Obligations of Instructors

Please see Standards for the Instructor page.

Specific Obligations of Students

Please see Standards for Student page.

Content, Licenses & Permissions

All software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof is "Content." Where Etomon provides content to you in connection with the Services. Content uploaded, transmitted or posted to the services by a user is "Submitted Content". Content remains the proprietary property of the person or entity supplying it (or their affiliated and/or third party providers and suppliers) and is protected, without limitation, pursuant to U.S. and foreign copyright and other intellectual property laws. All submitted content must be original and created by the user, or in the public domain and is free use. You hereby represent and warrant that you have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these terms to Etomon with respect to your submitted content and that Etomon 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 submitted content as authorized in these terms or have any liability to you or any other party as a result of any use or exploitation of your submitted content as authorized in these terms.

Etomon hereby grants you (as a User) a limited, non-exclusive, non-transferable license to access and use submitted content and company content, for which you have paid all required fees, solely for your personal, non- commercial, educational purposes through the services, in accordance with these terms and any conditions or restrictions associated with particular courses or services. All other uses are expressly prohibited absent our express written consent. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any submitted content or company content unless we give you explicit permission to do so. Submitted content and company content is licensed, and not sold, to you. Instructors may not grant You license rights to submitted content you access or acquire through the services and any such direct license shall be null and void and a violation of these terms.

Etomon respects all copyright, privacy, and other laws relating to content and information and will not tolerate violations of such laws. In particular, no review or posting or appearance of the submitted content on the services or through the services is intended to act as a representation that any submitted content is free of violation of any copyright, privacy or other laws or will suit a particular purpose or to be useful.

All rights not expressly granted in these Terms are retained by the Content owners and these Terms do not grant any implied licenses.

You may decide to send us unsolicited ideas, including ideas for new promotions, products, services, applications, technologies or processes or other ideas (collectively, "User Ideas"). You must not transmit any user ideas to or through the services or third party platforms, or to us through e-mail, that you consider to be confidential or proprietary. You agree that we shall not be required to treat any user ideas as being confidential or proprietary. You are responsible and liable for any user ideas you submit. You agree that by submitting user Ideas to us, including any concepts, know-how or ideas, You hereby grant us a perpetual, worldwide, non-exclusive, royalty- free, sub licensable and transferable license to use, reproduce, distribute, sell, exploit, prepare derivative works of and display the User Ideas in connection with the Services, and for Etomon’s business, including without limitation, for promoting and redistributing part or all of the user ideas (and derivative works thereof) in any media formats and through any media channels whether now known or hereafter developed, without payment or accounting to you or others. We are under no obligation to evaluate, review, or use any User Idea.

Content

Due to the international nature of the company’s services, all government or political content is prohibited on this website. Failure to comply will result in immediate loss and annulment of all licenses and agreements between the company and you, effective at the time of the violation.

Pricing, Payment & Taxes

Pricing - Pricing of Etomon courses is determined in accordance with the terms set forth in our pricing policy. If you are a student, you agree to pay the fees for courses that you purchase, and hereby authorize us to charge your credit card for such fees. If your credit card is declined, you agree to pay us the fees within thirty (30) days of notification from us, and pay (at our discretion) a late payment charge of 1.5% per month, or the maximum permitted by law, whichever is greater.

Payment - All payments are made to Etomon, Inc.
European Union users. By purchasing courses, you are confirming that you want the course immediately credited to your account and that by doing so you are hereby waiving any and all cancellation rights under applicable laws, including but not limited to the EU Consumer Rights Directive (2011/83/EU) and/or any national laws implementing it. Notwithstanding the foregoing, you will still be eligible for the 30 day refund right as set forth in this section 10. For avoidance of any doubt, refunds to You shall be applicable only in accordance with our refund policy described in this section 10.

Taxes - European Union. In the event that the sale or delivery of a course or any submitted content to any student in the European Union is subject to any value added tax ("VAT"), under applicable law, Etomon will collect and remit the VAT to the competent tax authorities for sales of such courses or submitted content to students in the European Union. Etomon may at its own discretion increase the sale price where Etomon is of the view that VAT may be due and Etomon will have a liability to account for such. You will indemnify and hold Etomon harmless against any and all claims by any tax authority for any underpayment of VAT, and any penalties and/or interest thereon.

Round Off - Etomon may, in its sole discretion, round up or round down the Sale Price to the nearest whole functional base unit in which the Sale Currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, Etomon will round up an amount of $101.50 to $102.00, and $101.49 to $101.00.

Some currencies are denominated in large numbers. In those cases, Etomon may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for Etomon to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.

Foreign Currency - When browsing without logging in to your account, the Services will default the Sale Currency to the currency used in your current geographic location. When you are logged in to Your Account, the Sale Currency will be based on Your geographic location as set upon Account signup. You cannot change your displayed currency

Each foreign currency conversion is processed at a foreign currency conversion rate. This rate generally refers to the amount of one currency that must be paid to buy a certain amount of another currency at a given time. For example, if it costs US$125.00 to buy €100.00, the currency conversion rate of US dollars to Euros would be 1.25, and the currency conversion rate from Euros to US dollars would be 0.8. Currency conversion rates will vary from time to time.

Refunds - If you are a student and suffer an online learning experience issue, we agree, at our discretion, to either (i) reimburse you up to the amount paid by you through the Etomon Platform (“Total Fees”) depending on the nature of the online learning experience Issue suffered, or (ii) use our reasonable efforts to find and book you another instructor for any unused lesson left in your booking which is reasonably comparable to the online learning experience described in your original booking in terms of subject, level, features and quality. All determinations of Etomon with respect to the student Refund Policy, including without limitation the size of any refund and the comparability of alternate online learning experience, shall be in Etomon ’s discretion, and final and binding on the student and instructor.

Trademarks

The trademarks, service marks, and logos (the "Trademarks") used and displayed through our services or in any company content are our registered or unregistered trademarks or of our suppliers or third parties and are protected pursuant to U.S. and foreign trademark laws. All rights are reserved and you may not alter or obscure the trademarks, or link to them without our prior approval.

Limitation of Liability

Neither Etomon nor any of our subsidiaries, affiliates, licensors, suppliers, advertisers or sponsors, nor our or their directors, officers, employees, consultants, agents or other representatives, are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages (including without limitation, damages for loss of business, Loss of data or lost profits), under any contract, negligence, strict liability or other theory arising out of or relating in any way to the services and/or materials, including any materials available through any third party platform, submissions, any linked websites or any code, product or service purchased, accessible or usable through the services or any third party platform. Your sole remedy for dissatisfaction with the services, materials, including any products or services available through any third party platform, submissions or any linked websites is to stop using the services, materials, submissions, products, or linked websites, as applicable. The sole and exclusive maximum liability to Etomon for all damages, losses and causes of action, whether in contract, tort (including without limitation, negligence) or otherwise, shall be the total amount paid by you to Etomon in the preceding twelve (12) months, if any, to access or use the services. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. No communication of any kind between you and Etomon or a representative of Etomon constitutes a waiver of any limitations of liability hereunder or create any additional warranty not expressly stated in the terms. Multiple claims will not increase the momentary damages limit stated herein. You agree that damage exclusions in these terms of use shall apply even if any remedy fails of its essential purpose.

  • Inaccuracies. A possibility exists that the services provided on any third party platform could include inaccuracies or errors, or information or materials that violate these terms. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the services available on any third party platform. Although Etomon attempts to ensure the integrity of the services on third party platforms, we make no guarantees as to the services' completeness or correctness. In the event that a situation arises in which the services' completeness or correctness is in question, please submit a request to (email) (with the subject line "Inaccuracies in services on third party platform name") with, if possible, a description of the services to be checked and the location (URL) where such services can be found on our services or third party platform at issue, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable.
  • b. System Outages. Etomon periodically scheduled system downtime for the services for maintenance and other purposes. Additionally, unplanned system outages may occur. You agree that Etomon has no responsibility and is not liable for: (a) the unavailability of the services including those available on third party platforms; (b) any loss of materials, data, transactions or any other information or materials caused by such system outages; (c) the resultant delay, mis-delivery, or non-delivery of data, transactions or any other information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation, any companies or servers hosting the services, any Internet service providers, any third party platforms, or any Internet facilities and networks.

Indemnification

You hereby indemnify, defend and hold harmless Etomon, and its affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers from and against all reasonably foreseeable losses, expenses, damages, costs, claims and demands, including reasonable attorneys' fees and related costs and expenses, due to or arising out of your breach of any representation or warranty hereunder. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you under this Section 14, and in such case, you agree to fully cooperate as reasonably required with such defense and in asserting any available defenses.

Statute of Limitations. Any claim or cause of action arising out of or related to use of the services, the terms, or any services or information available through third party platforms, must be filed within 1 year after such claim or cause or action arose regardless of any statutes or law to the contrary. In the event any such claim or cause of action is not filed within such 1-year period, such claim or cause of action are forever barred.

Cancellation & Termination

You may cancel your account at any time. All personal information will be deleted. If you choose to re-activate your account, you will need to repeat the sign-up process.

Etomon reserves the right to terminate, suspend, modify, or delete, at our sole discretion, any (a) Submitted content, company content, courses, or any service; and (b) your access to our services or your account, as follows:

  1. If you breach or violate any of these terms or any of our applicable policies, as posted on our services from time to time, Etomon may take action immediately without prior notice to you. If we take action pursuant to this section, we shall not have any liability to you for any course(s) you may have purchased not for any other use of our services associated with your account. For avoidance of any doubt, you understand and agree that you will not be compensated nor be eligible for any refund under any circumstances for any such access lost to our services, including without limitation to course(s) You may have purchased;
  2. We may also take action for any reason or no reason, in which case we will provide prior notice to you. If we take action pursuant to this section, (a) if you are a student we will refund you for any access lost to course(s) that you may have purchased during the three (3) months period prior to such termination, all in accordance with and subject to the terms of our refund policy set forth herein; and (b) If you are an Instructor, any such termination will also terminate your right to offer Your Course(s) through our services, and Etomon will pay all outstanding amounts owing to you up to termination date. Please note that students who purchased your course will retain access to the course so long as Etomon deems necessary.

You may terminate your use of the services at any time, either by ceasing to access them, or by deleting your account, by following the steps set forth in our privacy policy and subject to the terms therein. We have no obligation to retain any of your account or submitted content for any period of time beyond what may be required by applicable law. Upon termination, you must cease all use of the services and content. Any accrued rights to payment and Sections 4, 5, 11-16 and all representations and warranties shall survive termination.

Electronic Notices

By using our services or communicating with Etomon, You agree that Etomon may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the services or these terms. If Etomon learns of a security system breach, Etomon may attempt to notify you electronically by posting a notice through the services or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to Etomon at (email). Notice will be deemed given twenty-four hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Etomon may give you legal notice by mail to a postal address, if provided by you through your use any of the services. In such case, notice will be deemed given three days after the date of mailing.

Miscellaneous

Entire Agreement. These terms and any policies applicable to you posted on our services constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.

Waiver. A provision of these terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Etomon to exercise or enforce any right or provision of these terms will not constitute a waiver of such right or provision.

Notice. 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.

No Agency. 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 Etomon nor any other party to these terms 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.

Agreement to Arbitrate and Class Action Waiver

THIS SECTION ONLY APPLIES TO USERS IN THE US AND CANADA.

Before bringing a formal legal case, please first try contacting our support team at (email). Most disputes can be resolved that way.

We Both Agree to Arbitrate. If we can't resolve a dispute amicably, you and Etomon agree to resolve any claims relating to these terms, or any of our other terms posted on our services from time to time, through final and binding arbitration. This applies to all kinds of claims under any legal theory.

In addition, if you or Etomon brings a claim in court that should be arbitrated or any of us refuses to arbitrate a claim that should be arbitrated, the other of us can ask a court to force us to go to arbitration to resolve the claim (i.e., compel arbitration). You or Etomon may also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.

No Class Actions. We all agree that we can only bring a claim against each other on an individual basis. That means: (a) neither you nor Etomon can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action; (b) an arbitrator cannot combine more than one person's claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless we both agree to change this); (c) an arbitrator's decision or award in one person's case can only impact the person who brought the claim, not other Users, and cannot be used to decide other disputes with other users. If a court decides that this subsection on "No Class Actions" is not enforceable or valid, then the entire Section 18 (Agreement to Arbitrate and Class Action Waiver) will be null and void, but, the rest of the Terms will still apply.

The Arbitration Process. Any disputes between you and Etomon relating to the services that involve a claim of less than US$10,000 must be resolved exclusively through binding non-appearance- based arbitration. A party electing arbitration shall initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. In addition, you and Etomon agree that the following rules shall apply to the arbitration proceedings: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Any disputes between you and Etomon relating to the Services that involve a claim of less than US$10,000 must be resolved in accordance with the AAA's rules about whether the arbitration hearing has to be in-person.

Changes. Notwithstanding the provisions of the modification-related provisions above, if Etomon changes this "Agreement to Arbitrate and Class Action Waiver" section after the date you first accepted these terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing Etomon written notice of such rejection by email from the email address associated with your account to: (email) within 30 days of the date such change became effective, as indicated by the "last updated on" language above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Agreement to Arbitrate and Class Action Waiver" section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Etomon in accordance with the provisions of this "Agreement to Arbitrate and Class Action Waiver" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

Health and Wellness Courses

By purchasing, enrolling and/or participating in any health, wellness and fitness course(s), events, activities, and other programs (the “Health and Wellness Course(s)”), you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in the strenuous nature of the Health and Wellness Course(s). You acknowledge that you have voluntarily chosen to participate in a program of physical exercise. You acknowledge that Etomon and the instructor of the Health and Wellness Course strongly recommend that you consult with your physician prior to commencing any Health Course. You also acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You further acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death. At all times, you shall comply with all stated and customary terms, safety signs or signals, rules, and verbal instructions given to you. In consideration of being allowed to participate in and access the Health and Wellness Course(s), you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Health and Wellness Course(s), (2) release, indemnify, and hold harmless the Health and Wellness Course instructor, Etomon, subsidiary affiliate entities and franchisees, and each of their respective members, employees and representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in any Health and Wellness Course(s), and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of the Health and Wellness Course(s), (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in participating in the Health and Wellness Course(s), and should not be participating in any classes.

Privacy

Our complete “Privacy Policy” is addressed separately at www.etomon.com/privacy and we reserve the right to modify and will be available to check continually where you have the duty to read the updated information periodically when update notifications are sent. Classes may be recorded and stored for 6-12 monthsfor the purpose of monitoring user conduct and content. We may disclose informations to trusted partners for business purposes in the direction of Etomon’s objectives as well as affiliates, students or instructors and other independent contactors. Further, in the event of a sale or other restructuring, information may be transered in acquisiton or merger.

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