Terms and Conditions
Terms
of Use
Last Updated: April, 2016
English Advantage, Inc. (“English Advantage,” “we,” or
“us”), welcomes you to its website, www.EnglishKey.com, and any and all
applications or mobile applications offered by English Advantage, Inc. (the
“Site”). Use of the Site is subject to the following Terms of Use (“Terms”),
together with the Privacy Policy.
1. Acceptance of
Terms of Use
By accessing and using the Site, you acknowledge that you
have read, understood and agree to be bound by these Terms, including the
Privacy Policy, which together form an agreement that is effective as if you
had signed it. If at any time you do not agree to these Terms, please do not
access or use the Site or any of its content. These Terms exist in English and
other translations. In the event of inconsistencies between versions, the
English version will prevail.
YOUR ACCESS TO, USE OF AND BROWSING OF THE SITE AND ITS
SERVICES AND CONTENT IS SUBJECT TO ALL TERMS CONTAINED IN THESE TERMS OF USE
AND ENGLISH ADVANTAGE’S PRIVACY POLICY AND ALL APPLICABLE LAWS AND REGULATIONS.
IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOUR PERMISSION TO ACCESS OR USE THE
SITE IS AUTOMATICALLY AND IMMEDIATELY REVOKED.
2. Changes to the
Terms of Use
These Terms may be revised or updated from time to time.
Accordingly, you should check the Terms regularly for updates. You can
determine when the Terms were last revised by referring to the “Last Revised”
legend at the top of this page. Each time you access, use or browse the Site,
you signify your acceptance of the then-current Terms. Any material changes in
these Terms take effect upon posting and apply only to your use of the Site and
information collected from you on and after Last Revised date, unless we have
other communications with you.
English Advantage may make changes to the Site, content,
products, services or features of the Site at any time. You understand and
agree that English Advantage may discontinue or restrict your use of the Site
at any time for any reason or no reason with or without notice.
3. Permitted Users of
the Site
In consideration of your use of the Site, you represent that
you are of an age to form a legally binding contract (except as provided in the
following paragraph) and you are not prohibited from receiving services under
the laws of the United States or any other applicable jurisdiction. Use of the
Site, Services or Content is void where prohibited by applicable law, and the
right to access the Site, Content or Services is revoked in such jurisdictions.
The Site is directed to persons 13 years of age or older. English
Advantage and the Site do not knowingly collect information from children under
age 13. If you are under age 13, you are not permitted to use the Site or to
submit any personally identifiable information to English Advantage on the Site
or offline. If you provide information to English Advantage through the Site,
you represent that you are 13 years of age or older. If you are between 13 and
17 years of age, when you visit, browse, use, or submit personal information to
the Site, you represent that you have the permission of a parent or guardian to
do so and who agrees to these Terms on your behalf. If you are a parent or
guardian and believe English Advantage may have inadvertently collected
personal information from your child, please notify English Advantage
immediately by sending an email to: team@EnglishKey.com detailing the basis of
your belief and your request.
4. Privacy Policy
Please review the Privacy Policy for the Site, which is
incorporated in these Terms. If you do not agree with the Privacy Policy, you
are not authorized to use the Site.
5. Site Content and
Services
On, through or in connection with the Site, we may offer
contextual lessons, quizzes, games, questions, practice exercises and similar
services designed to help users learn new languages and enhance their foreign
language proficiencies (the “Services”). We also provide content available
through the Site, including without limitation text, graphics, audio,
animation, videos, logos, icons, images, media, data, charts, maps, software
and other information and materials (the “Content”). Some of the Services and
Content are accessible without registering with us, but other Services and
Content may require registration and the payment of fees by users. The Content
and Services are the sole and exclusive property of English Advantage, its
licensors, or other content providers.
The Content and Services are made available for your
personal, noncommercial use. You agree to abide by any posted limitations relating
to use, reproduction or dissemination of any Services or Content. Any uses of
the Site, Services, or Content in any way not expressly permitted by these
Terms is prohibited, and may be actionable under United States or international
law.
Special terms may apply to some products, services or
features offered on the Site, or to any events, promotions, sweepstakes,
contests, surveys, questionnaires, or other activities (collectively,
“Activities”) that may be offered on the Site or offline. Such special terms or
rules (which may include official rules and expiration dates) may be posted in
connection with the applicable Activity. By participating in any Activity you
will become subject to those terms or rules. We urge you to read the applicable
terms or rules which are linked from the particular Activity, and to review our
Privacy Policy which, as part of these Terms, governs any information you
submit in connection with such Activities. Any special terms or rules are in
addition to these Terms and, in the event of a conflict, any such terms or
rules shall prevail over these Terms.
6. Error,
Inaccuracies, and Omissions
Occasionally there may be information on our Site, in our
Content or Services that contains typographical errors, inaccuracies, or omissions
that may relate to product descriptions, pricing, promotions, offers,
availability, and other content provided on behalf of English Advantage or its
partners and affiliates. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update information if any
information is inaccurate at any time without prior notice and without
liability to English Advantage.
7. Modifications,
Suspension and Termination
English Advantage reserves the right at any time to modify,
suspend or discontinue, temporarily or permanently, the Site, Services, Content
or Activities, or any portion or portions thereof, with or without notice. You
agree that English Advantage will not be liable to you or to any third party
for any modification, suspension or discontinuance of the Site, Services,
Content or Activities for more than the pro rata amount remaining for your
Subscription.
English Advantage reserves the right, at its sole
discretion, immediately and without notice, to suspend, discontinue, or terminate
your access to the Site, Services, Content, Activities or any part thereof for
any reason or no reason at all, including without limitation any breach by you
of these Terms. You agree that English Advantage shall not be liable to you or
any third party for any such suspension, discontinuance or termination for more
than the pro rata amount remaining for your Subscription.
8. Registration and
Your Personal Information
Some areas of or benefits provided by the Site may require
you to register an account with us or create an account using third-party sign
on services (e.g., Facebook Connect) and provide us with certain information
including but not limited to your name, valid email address, mailing address,
and profile information. Your registration is subject to our review and
approval and we reserve the right not to approve, or withdraw our approval of,
once given, your registration for any reason or no reason at any time and from
time to time. In registering or using the Site, you agree to provide, maintain,
and update information that is true, accurate, current, and complete about
yourself when registering and on an ongoing basis. You acknowledge that, if any
information provided by you is untrue, inaccurate, not current, or incomplete,
or if we suspect that any information provided by you is untrue, inaccurate,
not current, or incomplete, we reserve the right to terminate your use of the
Sites or your account with or without reasons or notice to you.
When you register to open an account on a Site, you will be
required to provide a legal name, valid email address and select a password to
be used in conjunction with your account. You are responsible for maintaining
the confidentiality of your password, and are fully responsible for all uses of
your password and your account, whether by you or others. You agree to (a) log
out of your account at the end of each session, (b) keep your password
confidential and not share it with anyone else, and (c) immediately notify English
Advantage of any unauthorized use of your password or account or any other
breach of security. English Advantage is authorized to act on instructions
received through use of your password, and is not liable for any loss or damage
arising from your failure to comply with this Section. You may not:
Register or log in to the Site using an invitation code,
Member ID or e-mail address of another person with the intent to impersonate
that person;
Register or log in to the Site using a member ID or an e-mail address subject
to any rights of a person other than you without appropriate authorization; or
Have more than one user account
9. Subscriptions,
Free Trials & Payments
(a) Subscription
i. The Site may offer certain Services and/or Content from English
Advantage, third parties, or both for corresponding fees and require you to
purchase a subscription for a period of time as specified during sign-up
thereto (collectively a “Subscription”). Your Subscription, which may start
with a Free Trial (as defined below), a price promotion, or both, will
automatically continue on a Subscription-to-Subscription basis unless you
cancel your Subscription or we terminate it.
ii. English Advantage may offer special promotions with
differing conditions and limitations. Any materially different terms from those
described in the Terms of Use will be disclosed at sign-up or other
communications made available to you.
(b) Free Trials
i. Your Subscription may start with a Free Trial. The free
trial period of your Subscription lasts for thirty (30) days, or as otherwise
specified during sign-up (“Free Trial”). Free trials may not be combined with
any other offers unless English Advantage indicates otherwise at sign-up. You
understand that you are restricted to a one-time use of a Free Trial. Any
subsequent use of a Free Trial may result in the immediate termination of any
associated Subscription without notice. If you improperly obtain a Free Trial,
we reserve the right in our sole discretion to charge any Payment Method (as
defined below) you may have provided us for the Subscription that was obtained
improperly. English Advantage reserves the right, in its absolute discretion,
to determine your Free Trial eligibility.
(c)
Billing
i. Payment Methods. In connection with any and all
Subscriptions that you select to purchase you must provide us with a current,
valid, accepted method of payment, which may change from time to time (“Payment
Method”). All Subscription purchases are subject to the Terms of Use and any
additional terms and conditions, including any fees, imposed by your financial
services provider and/or mobile carrier, as applicable. By providing your
account information in connection with any Subscription, you hereby authorize English
Advantage to debit the total cost of said Subscription and agree to be
responsible for all associated charges. Should charges for which you are
responsible fail at the time payment is required, you will be responsible for
all costs and fees associated with any and all efforts by English Advantage, or
otherwise in connection with English Advantage’s efforts, to be paid such
amounts due, including but not limited to any attorney fees and other legal
expenses. You represent and warrant that all information you provide in
connection with the purchase of a Subscription is true, accurate and complete.
We reserve the right to offer Subscriptions for the durations and at the
corresponding costs that we determine appropriate, in our sole discretion.
ii. Billing Cycle. As indicated during sign-up, the fee for
certain Subscriptions must be paid in a single up front payment while other
Subscriptions may allow payment on an installment basis. If the Subscription
fee is paid in a single up front payment, the total
Subscription fee is due and payable to English Advantage immediately upon sale
and your Payment Method will be automatically billed at that time. If the
Subscription fee is paid on an installment basis, your Payment Method will
automatically be billed at the beginning of each installment period as
specified during sign-up.
iii. Automatic Renewal. In order to provide continuous
service, English Advantage automatically renews all Subscriptions on the date
the Subscription expires.
Such renewals will be for the same duration of the original subscription term
and will be billed at the non-discounted rate for the Subscription as of the
date of your enrollment and according to your original billing cycle method
(i.e. either as a single up front payment or an
installment basis. By enrolling in a Subscription, you agree that your
Subscription will be subject to the above described automatic renewals. You
also agree that the amount billed may be different if your original
Subscription was purchased using a promotional offer and you authorize us to
charge your Payment Method for such varying amounts and any other charges that
you may incur in connection with your use of the Subscription. Your
Subscription will remain in effect and continue to renew automatically until it
is cancelled. We will send you a renewal notice at least thirty (30) days
before your Subscription expires.
IF YOU WISH TO CANCEL YOUR AUTOMATIC SUBSCRIPTION RENEWAL,
YOU MAY DO SO BY sending an email request, along with your reason for
cancellation, to team@EnglishKey.com. English Advantage will make reasonable
efforts to process cancellation requests within two business days from the
receipt of the cancellation request.
10. Refund Policy
& Cancellation
(a) Refunds
Subscriptions are eligible for a full refund if the refund
request is received by English Advantage within (i) 30 days of your initial
payment or (ii) 30 days of your first automatic renewal payment. All refund
requests should be sent to team@EnglishKey.com and be accompanied by a reason
for the refund request.
After we have received and processed your refund request, a
refund in the amount of your initial payment or first renewal payment will be
made to the payment method used for to purchase the Subscription, except for
those payments made with bank or wire transfers, in which cases the refund
shall be made manually by a personal check. There will be no refunds for
Subscriptions regardless of user satisfaction if (i) a refund request is
received over 30 days from your initial payment, or (ii) a refund request is
received over 30 days from your first automatic renewal term.
(b) Cancellation
You may cancel your Subscription at any time by sending an
email request, along with your reason for cancellation, to team@EnglishKey.com.
English Advantage will make reasonable efforts to process cancellation requests
within two business days from the receipt of the cancellation request. Except
as otherwise provided in these Terms, you will not receive any refund for your
Subscription and certain termination fees may apply.
(c) Early Termination
Any cancellation requests received over 30 days from your
initial payment or your first automatic renewal term and before the end of your
Subscription will be considered an Early Termination. If you elect an Early Termination
for a Subscription that is paid on an installment plan, you will be charged for
(i) all payments due prior to cancellation and (ii) an eighty (80) USD early
termination fee. Any installment payments due after cancellation will not be
charged to you. If you purchase a Subscription that is paid in full there will
be no refund or credit for the unused Subscription period, however you will not
be charged an early termination fee.
11. Proficiency
Guarantee
English Advantage guarantees improved proficiency for all
Users that (i) sign up for a twelve (12) month course (ii) practice a minimum
of three (3) hours per week for each week of a 12-month course and (iii) use
all Tutoring Credits provided with the Subscription. A user that does not
experience an improved proficiency score will be granted a one
time subsequent twelve (12) month course for free. Improved proficiency
is measured by English Advantage’s proprietary exam, the “English Advantage
Proficiency Assessment.” Test scores from third party sources will not be
considered a valid measurement of proficiency improvement.
12. Tutoring and
Tutoring Credits
In connection with the Site and subject to certain
restrictions, such as a Subscription purchase, you may be able to purchase or
be may be provided with live tutoring credits (“Credits”) to schedule a class
with a live teacher. All Credits expire one year from the date of purchase and
are subject to the requirements set forth in Section 10 of these Terms. You may
cancel a scheduled class up to 24 hours before the class start time and receive
a full refund in Credits. No Credit refund will be provided for a cancellation
made less than 24 hours before the class start time. These Credits are not
transferrable in any way and are not recognized as academic credits that may be
used with any other educational provider.
13. Permitted Uses
You may use the Site, Content and Services for lawful,
non-commercial purposes only. You may not use the Site, Content or Services in
any manner that could damage, disable, overburden, or impair our servers or
networks, or interfere with any other party’s use and enjoyment of the Site,
Content, or Services. You may not attempt to gain unauthorized access to the
Site or any of the Content or Services, user accounts or computer or mobile
systems or networks, through hacking, password mining or by any other means.
Without limiting anything else contained herein, you agree that you shall not
(and you agree not to allow any third party to):
- Copy, modify, adapt, translate, or reverse engineer any
portion of the Site, its content or materials or otherwise tamper with the
Services;
- Remove notices of or citations to any copyright,
trademark or other proprietary rights contained in or on the Site or in
any content or other material available on or through the Site or the
Services;
- Use any robot, spider, website search/retrieval
application, or other automated device, process or means to access,
retrieve or index any portion of the Site or the Services;
- Reformat or frame any portion of the web pages that are
part of the Site or the Services;
- Create user accounts by automated means or under false
or fraudulent pretenses; or
- Collect or store personal data about other users in
connection with the prohibited activities described in this paragraph.
- We may take any legal action and implement any
technical remedies to prevent the violation of this provision and to
enforce the Terms of Use.
14. Postings and
Comments
The Site may contain areas for you to post messages,
feedback, listings, comments, photos, sounds, images, text, files, video, post
reviews, share your story, and submit comments and other content, and message
or communication facilities to enable you to communicate with other users,
suppliers of Services or Content, the Site, and English Advantage
(collectively, “Submissions”). You acknowledge that your submissions may become
available to others on the website and elsewhere. You agree to post only
submissions or materials that are appropriate for general audiences and are not
confidential or private. You agree that you are entirely responsible and liable
for any Submissions you post, if you create an account, you are responsible for
all content posted or transmitted through or by use of your account, you are
the sole and exclusive owner of any submissions or materials you post and that
by posting such submissions or materials, you are representing and warranting
to English Advantage and its affiliates, suppliers, vendors, merchants,
licensors, and other partners, that you either own or control the said
submissions or materials and that no other party has any claim of ownership to
any part of the said submissions or materials.
In addition to your obligations stated elsewhere in these
terms, you also agree that the following actions are prohibited and a material
breach of these terms. By way of example and not limitation, you agree that you
will not:
- aggregate, copy, duplicate, publish, or make available
any content to third parties outside the website in any manner;
- defame, abuse, harass, stalk, threaten, or otherwise
violate the privacy or publicity rights of others, or impersonate anyone
else or misrepresent your identity or affiliation;
- publish, post, upload, distribute, or disseminate any
inappropriate, profane, defamatory, pornographic, offensive, infringing,
obscene, indecent, or unlawful topic, name, material, content, or
information;
- upload or download files that contain any content
protected by intellectual property laws or other laws, unless you own or
control the rights or interests or have received all necessary consents or
permissions;
- upload or transmit files that contain viruses,
mal-ware, disabling code, corrupted files, or any other similar software
or programs that may damage the operation of another’s computer;
- use the website to make available unsolicited
advertising or promotional materials, spam, pyramid schemes, chain
letters, or similar forms of unauthorized advertising or solicitation, or
hack or violate any security measures;
- falsify or delete any author attributions, legal or
other notices, or proprietary designations or labels of origin or source;
or
- engage in any other action that, in our judgment,
exposes us or any third party to potential liability or detriment of any
type.
If you post content or submit material, you grant English
Advantage and our affiliates a nonexclusive, royalty-free, perpetual,
transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate,
create derivative works from, distribute, and display any such content in any
form throughout the world in any media whether now known or hereafter
developed, alone or as part of other works. You further grant English Advantage
and its affiliates the right to use the name that you submit in connection with
such content in our sole discretion. English Advantage will not be required to
treat any Submission as confidential, and will not incur any liability as a
result of any similarities between Submission and Content and Services that may
appear in our Site or our operations. You represent and warrant that you own or
otherwise control all rights to the content that you post, that the content is
accurate, and that use of the content does not violate these terms and will not
cause injury to any person or entity. You waive the opportunity to inspect or
approve such use, and any obligation to identify you in connection with a
submission.
English Advantage may, but is under no obligation to,
monitor and edit or remove any activity or content at its sole discretion. We
take no responsibility and assume no liability for any content posted by you or
any third party. English Advantage does not necessarily endorse any opinion or
statement contained in any submission.
15. “Like” English
Advantage on Facebook
We invite you to “like” English Advantage on Facebook. On
our page, you can learn about upcoming events, see photos, and have discussions
with others who like English Advantage. When you visit our Facebook page,
please keep the following guidelines in mind:
We encourage you to participate in existing discussions and
to start new discussions with other English Advantage fans. Please be polite,
even if you disagree with things that have been posted. Personal attacks,
offensive remarks, and foul language are not appropriate.
We encourage you to contribute relevant comments to the
discussion. Postings that are off-topic or consist of spam or promotional
postings may be removed.
All postings on the English Advantage wall and in the Discussions area should
be made by actual identifiable people. Postings from obviously fake or
anonymous profiles may be deleted.
English Advantage is not liable for anything posted on the English Advantage
Facebook page by a third party. When you access our Facebook page, you do so at
your own risk.
English Advantage reserves the right to remove any user-generated content from
its Facebook page for any reason.
16. Follow English
Advantage on Twitter
We invite you to follow English Advantage on Twitter and
have a dialogue with us. We welcome your thoughts and replies on anything
related to English Advantage, and will do our best to reply to any general
comments or questions. Many of the people associated with English Advantage may
use Twitter and other social networks. Unless a particular Twitter account is
identified on this page: @English Advantage, it is not an official English
Advantage Twitter profile. We encourage you to begin or contribute to
conversations using replies. However, we will not reply to any replies that are
off-topic, contain personal attacks, or foul language. When you access any
official English Advantage Twitter profile page, you do so at your own risk. We
do not guarantee the accuracy of anything posted by any English Advantage
Twitter account. Nothing in any Twitter communication initiated by a English Advantage Twitter account constitutes a binding
representation, agreement, or endorsement on the part of English Advantage.
18. Proprietary
Rights
You acknowledge and agree that, as between English Advantage
and you, all right, title, and interest in and to the Site, Services, and the
Content, including without limitation any patents, copyrights, trademarks,
brands, trade secrets, inventions, know-how, and all other intellectual property
rights, are owned exclusively by English Advantage or its affiliates,
suppliers, vendors, merchants, licensors, or Activities partners or sponsors,
and are protected by United States intellectual property and other applicable
laws. You do not have and cannot claim any intellectual property rights or
ownership, in whole or in part, to any of the Site, Content, or Services,
whether modified or unmodified.
COPYRIGHT
The Site and all Services and Content, including any and all
copyrights therein, is the property of English Advantage or its affiliates,
suppliers, vendors, merchants, licensors, or other partners and is protected by
United States and international copyright laws. You agree not to copy, modify,
distribute, transmit, display, republish, sell, resell, or exploit, or create
derivative works from, for any purpose, any portion of the Site, Services or
the Content other than as expressly authorized by English Advantage in writing.
TRADEMARKS
The trademarks, service marks, logos, trade names, and trade
dress (collectively, “Marks”) used on the Site are proprietary to English
Advantage or its affiliates, suppliers, vendors, merchants, licensors, or other
partners. Third party trademarks referenced in the Site do not constitute or
imply affiliation with, endorsement of, or recommendation of English Advantage
by the respective trademark owners, or by English Advantage of the respective
trademark owners. Without limitation, the Marks include ENGLISH ADVANTAGE
trademarks registered in the United States Patent and Trademark Office and
owned by English Advantage.
PATENTS
One or more patents may apply to the Site, Services, Content
and to the products, features, and services accessible via the Site
(collectively, “Patents”). Such Patents are the property of English Advantage
or its affiliates, suppliers, vendors, merchants, licensors, or other partners.
19. Notice and
Procedures for Making Claims of Copyright or Intellectual Property Infringement
English Advantage in its sole discretion may disable and/or
terminate use by users who infringe the intellectual property rights of others.
If you believe that your work has been copied in a way that constitutes
copyright infringement, or that your intellectual property rights have been
otherwise violated, please provide to English Advantage a notice containing the
following information:
an electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you
claim has been infringed;
a description of where the material that you claim is infringing is located on
the website (providing URL(s) in the body of an email is the best way to help
us locate content quickly);
your name, address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information
in your notice is accurate and that you are the copyright or other intellectual
property right owner or authorized to act on the copyright or intellectual
property right owner’s behalf.
For notice of claims of copyright or other intellectual
property right infringement, English Advantage can be reached by sending a
claim to:
Attn: Copyright Agent
English Advantage, Inc.
7 Daffodil Drive,
Nashua, NH 03062
USA
20. Links to Other
Websites
The Site may contain advertisements, postings and links to
websites operated by other parties. The Site provides these advertisements,
postings and links as a convenience, and your use of other websites is at your
own risk. The advertisements, postings and linked sites are not under the
control of English Advantage, which is not responsible for their content or
privacy practices. Such advertisements, postings, links, or references to other
parties’ products or services do not imply English Advantage’s endorsement of
information, material, products or services of any other party or any other
website, or by any other party of English Advantage. English Advantage
disclaims all liability with regard to your access to and use of such
information, material, products or services or transactions with such linked
websites or other parties. You acknowledge and agree that English Advantage is
not responsible or liable, directly or indirectly, for any damage, loss or
other claim caused or alleged to be caused by or in connection with, access to,
use of or reliance on any content available on or through any other site or
resource.
21. User
Representations and Warranty
You represent and warrant that (i) your use of the Site will
be in strict accordance with the Term of Use and with all applicable laws and
regulations (including without limitation any local laws or regulations in your
country, state, city, or other governmental area, regarding online conduct and
acceptable content, and including all applicable laws regarding the
transmission of technical data exported from the country in which you reside)
and (ii) your use of the Site will not infringe or misappropriate the
intellectual property rights of any third party.
22. User Indemnity of
English Advantage
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ENGLISH
ADVANTAGE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES,
AFFILIATES, PARTNERS, LICENSORS, LICENSEES, SERVICE PROVIDERS, SUPPLIERS,
VENDORS, ACTIVITIES PARTNERS OR SPONSORS, MERCHANTS, ADVERTISERS, AND OTHERS
ACTING IN CONCERT WITH THEM, FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, OR
DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, MADE BY YOU OR
ON YOUR BEHALF OR BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR USE OF
OR RELIANCE ON THE SITE, SERVICES, OR ANY CONTENT, PRODUCTS, BRANDS, OR
ACTIVITY, YOUR DEALINGS IN CONNECTION WITH THE SITES OR ENGLISH ADVANTAGE, OR
YOUR SUBMISSION(S) OR ANY MATERIALS YOU SUBMIT OR TRANSMIT TO THE SITES OR ENGLISH
ADVANTAGE; (B) YOUR VIOLATION OF THESE TERMS, ANY APPLICABLE LAWS, OR THE
RIGHTS OF ENGLISH ADVANTAGE OR ANY THIRD PARTY; (C) ANY ACTIVITY RELATED TO
YOUR ACCOUNT OR PASSWORD, IF ANY; OR (D) your use of or reliance on any user
SUBMISSIONS.
23. Disclaimer of
Warranties and Limitation of Liability
WE PROVIDE THE SITE, CONTENT AND SERVICES “AS IS,” “WITH ALL
FAULTS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ENGLISH ADVANTAGE MAKES NO
WARRANTY AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE SITE OR ANY
SERVICES OR CONTENT AVAILABLE THROUGH THE SITE. WE DO NOT GUARANTEE THAT THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES OR CONTENT WILL
BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS.
ENGLISH ADVANTAGE MAKES NO REPRESENTATIONS OR WARRANTIES
THAT USE OF THE SITES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT LOSS OF DATA
WILL NOT OCCUR. ENGLISH ADVANTAGE MAKES NO WARRANTIES ABOUT THE INFORMATION
SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE BY OR THROUGH THE SITE OR ANY
SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. YOU ARE
RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY SERVICES OR
CONTENT YOU MAY OBTAIN FROM THE SITES IS FREE OF VIRUSES OR OTHER HARMFUL CODE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENGLISH ADVANTAGE
DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES OR
DAMAGES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR
SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF
THE SITE, SERVICES, OR THE CONTENT, EVEN IF ENGLISH ADVANTAGE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL ENGLISH
ADVANTAGE’S LIABILITY EXCEED TOTAL FEES PAID TO ENGLISH ADVANTAGE IN CONNECTION
WITH THE SITE, CONTENT OR SERVICES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH
RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “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.”
24. Notice Required
by California Law
Pursuant to California Civil Code Section 1789.3, California
residents are entitled to the following specific consumer rights notice:
The name, address and telephone number of the provider of this service is: English
Advantage, Inc. 7 Daffodil Drive, Nashua, 03062 USA. Complaints regarding the
service or requests to receive further information regarding use of this
service may be sent to the above address or to team@EnglishKey.com
The Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs may be contacted in writing at 1625
North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at
(916) 574-7950 or (800) 952-5210
25. Choice of Law and
Dispute Resolution
You agree that any dispute between you and English Advantage
arising out of or relating to these Terms of Use, the Privacy Policy, the Site,
Services or Content will be decided only by arbitration, individually, and not
on a class-wide basis. You knowingly waive any right to participate in any form
of “class,” “joint”, or “representative” litigation (including in any “private
attorney general capacity”) against English Advantage. The laws of the State of
Delaware, U.S.A., without regard to choice of law principles, shall apply to
any dispute between us, except as to matters relating to arbitration, which
shall be governed by the Federal Arbitration Act. The arbitration tribunal shall
consist of one (1) arbitrator. The decision or award of the arbitrator shall be
final, and judgment upon such decision or award may be entered in any competent
court or application may be made to any competent court for judicial acceptance
of such decision or award and an order of enforcement. The arbitrator shall
have the authority to impose equitable and injunctive relief, as well as to
award monetary relief, as the arbitrator deems appropriate. Any arbitration
will be administered by the American Arbitration Association, using its
Commercial Arbitration Rules, and will take place in the State, City and County
of Delaware, USA, and must be commenced within six (6) months after the dispute
arises or any claim arising from the dispute shall be barred.
26. Control of Site
The Site is controlled within the United States of America
and is directed to individuals residing in the United States. Those who choose
to access the Site from locations outside of the United States do so on their
own initiative, and are responsible for compliance with local laws if and to
the extent local laws are applicable. English Advantage does not represent that
the Site, Services or Content is appropriate outside the United States of
America. English Advantage reserves the right to limit the availability of the
Site for any person, geographic area, or jurisdiction at any time in its sole
discretion.
27. Termination
We may terminate and/or suspend your registration
immediately, without notice, if there has been a violation of the Terms of Use
or other policies and terms posted on the Site or in connection with the
Services by you or by someone using your Credentials, as determined in our sole
discretion, and English Advantage shall not be liable to you or any third party
for any such termination. In the event we so terminate your account, we will
not render, you are not entitled to, and you hereby waive any and all right to
receive a refund of any fees paid to English Advantage or any portions thereof.
Further, you agree not to attempt to use the Site and/or the Services or
Content after any such deletion, deactivation or termination. You may terminate
your English Advantage account at any time by contacting the address at the end
of these Terms of Use; provided however, that voluntary termination shall in no
way relieve you of your responsibility to remit payment for all fees associated
with your purchased Services or Content or entitle you to a refund of any
payments remitted to English Advantage.
28. Miscellaneous
The Terms of Use and any supplemental terms, policies, rules
and guidelines posted on the Site or in connection with the Content or
Services, including the Privacy Policy constitute the entire agreement between
you and us and supersede all previous written or oral agreements. If any part
of the Terms and any supplemental terms, policies, rules and guidelines posted
on the Site or in connection with the Content or Services, including the
Privacy Policy is held invalid or unenforceable, that portion shall be
construed in a manner consistent with applicable law to reflect, as nearly as
possible, the original intentions of the parties, and the remaining portions
shall remain in full force and effect. The failure of English Advantage to
exercise or enforce any right or provision of the Terms and any supplemental
terms, policies, rules and guidelines posted on the Site or in connection with
the Content or Services, including the Privacy Policy shall not constitute a
waiver of such right or provision. You may not assign or transfer your rights
or obligations under the Terms and any supplemental terms, policies, rules and
guidelines posted on the Site or in connection with the Content or Services,
including the Privacy Policy without the prior written consent of English
Advantage, and any assignment or transfer in violation of this provision shall
be null and void. English Advantage reserves the right to seek all remedies
available at law and in equity for violations of these Terms and any
supplemental terms, policies, rules and guidelines posted on the Site or in
connection with the Content or Services, including the Privacy Policy set forth
on the Site, including without limitation the right to block access from a
particular internet address. The relationship between you and English Advantage
is one of independent contractors. Neither you nor English Advantage will
represent that you or it has any authority to assume or create any obligation,
express or implied, on behalf of the other party or represent the other party
as agent, employee or in any other capacity, except as specifically provided
herein.
29. Questions?
If there are any questions regarding these Terms, you may
contact us using the information below.
English Advantage, Inc.
7 Daffodil Drive,
Nashua, NH 03062
USA
Copyright © 2024 English Advantage, Inc. All rights reserved