English3 Services Terms
The SaaS products and services (“Services”) provided in connection with the website located at www.english3.com (the “Website”) are provided by English3, LLC (collectively, “us,” “we,” or “English3”). By accessing or using the Services, you (“you” or the “User”) signify that you have read, understand and agree to be bound by the terms and conditions set forth below (“Terms”). We reserve the right to change, modify, add, or delete portions of these Terms at any time. If we do this, we will post the changes to these Terms on this page and will indicate at the bottom of the Terms the date they were last revised. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms. If you do not agree to abide by these (or any future Terms), you are not authorized to use or access (or continue to use or access) the Services. In the event of any conflict between these Terms and any other terms or conditions which may posted on the Website or made available via the Services, these Terms shall control.
Services are intended solely for Users who are 13 years of age or older. Any registration by, use of or access to the Services by anyone under 13 is unauthorized and in violation of these Terms. By using the Services, you represent and warrant that you are 13 years of age or older. If you are over 13 but under 18, you are required to obtain parental consent to use of the Services before doing so, and by using the Services you represent that you have obtained such consent and are permitted to enter into these Terms in order to use the Services.
Registration Data; Account Security
Data Your Provide. In connection with registering for and using the Services you agree: (i) to provide accurate, current and complete information about you and your organization as prompted by the registration forms within the Services (“Registration Data”); (ii) to maintain the confidentiality of your password and other information related to the security of your account; (iii) to maintain and promptly update the Registration Data and any other information you provide to English3, to keep such information accurate, current and complete; and (iv) to be fully responsible for all use of your account and for any actions that take place through your account.
The current prices and payment methods that are available to you will be displayed during your payment processing. Not all payment methods are available in every country at a given time. Bank transfers and credit card payments may be used, depending on your location and local availability.
All amounts paid are non-refundable. The English3 fees do not include any VAT or other applicable taxes. You will be responsible for paying any applicable taxes and agree that we may include such taxes in your charges. Please note that you may separately incur telephone charges on your telephone bill while using the Service, depending on your location and your telephone calling plan. All accounts will remain active until user cancels his or her subscription.
Proprietary Rights in Website Content; Limited License
All content on the Website and otherwise available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, (the “Content”) are the proprietary property of English3, its Users or its licensors. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms, provided that the foregoing does not apply to your own Registration Data and data generated in connection with your use of the Services (“User Data”). Authorized Users may access and use the Services and the Content and download or print a reasonable number of copies of portions of the Content to which the User has properly gained access solely for the User’s personal use for language training purposes, provided that the User maintains all copyright or other proprietary notices on all copies of such Content. Except for your own User Data, you may not publish or otherwise distribute Content, including via the Internet or any intranet or extranet site, or incorporate the Content in any other database or compilation. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Content. Any use of the Website or the Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to use of the Services and the Content granted herein. All rights of English3 or its licensors that are not expressly granted in these Terms are reserved to English3 and its licensors.
English3 and other English3 graphics, logos, designs, page headers, button icons, scripts and service names are the trademarks, trade names or trade dress of English3 in the U.S. and other countries. You may not use English3’s trademarks, trade names or trade dress, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion or create the impression that English3 endorses any product or service. You may not reproduce or use English3’s trademarks, trade names or trade dress without the prior written permission of English3.
You agree to use the Services in compliance with these Terms. You represent and warrant that the User Data and all other content submitted to the Services through your account or otherwise posted, transmitted, or distributed by you on or through the Services will not violate or infringe upon the rights of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights) and that such content shall not contain libelous, defamatory or otherwise unlawful material. In addition, you agree not to do any of the following in connection with your use of the Services:
- use automated scripts to collect information from or otherwise interact with the Services;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
- upload, post, transmit, distribute or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” or any other prohibited form of solicitation;
- upload, post, transmit, distribute, store or otherwise make publicly available on the Website any private information of any third party, including, addresses, phone numbers, e-mail addresses, Social Security numbers and credit card numbers;
- upload, post, transmit, distribute or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- intimidate or harass another User;
- upload, post, transmit, distribute, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense;
- use or attempt to use another’s account, service or system without authorization from English3, or create a false identity on the Services;
- upload, post, transmit, distribute, store or otherwise make available content that, in the sole judgment of English3, is objectionable or which restricts or inhibits any other person from using the Website, or which may expose English3 or its Users to any harm or liability of any type; or
- use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services, such as trading reviews with other Users or writing or soliciting shill reviews.
You agree to comply with any applicable laws when using the Services. By using the Services, you represent and warrant that you (i) are not using the Services in any country that is the subject to a U.S. Government embargo and/or has been designated as a “terrorist supporting” country and (ii) are not listed on any U.S. Government list of prohibited or restricted parties.
Your communications or dealings with any other Users, including communications or dealings initiated through the Services, are solely between you and such Users, and you are solely responsible for such communications or dealings. English3 reserves the right, but has no obligation, to monitor disputes between you and any other Users on the Website. English3 is not responsible or liable in any manner for any loss or damage arising out of your communications or dealings with any other Users, including with respect to any goods or services offered by such Users or any media, document or other content posted by any User.
English3 is not responsible or liable in any manner for any User Data or Third Party Content posted on the Website or displayed in connection with the Services. Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post, transmit or distribute on the Website and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter in the Services or in connection with any User Data or Third Party Content. English3 is not responsible for the conduct, whether online or offline, of any User. The Services may be temporarily unavailable from time to time for maintenance or other reasons. English3 shall have no liability for any interruption, delay in operation or transmission, theft or destruction of, unauthorized access to, or alteration of, User communications or any other content made available via the Services. Under no circumstances will English3 be liable in any way for any personal injury or death resulting from the use of the Services, any User Content or Third Party Content, or any use of products or services provided by Users. THE SERVICES, INCLUDING ALL CONTENT THEREIN, IS PROVIDED “AS IS” AND ENGLISH3 DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE PRODUCTS, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ENGLISH3 CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. ENGLISH3 DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS IN THE SERVICES OR ON THE WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE WEBSITE OR SERVICE, OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE PRODUCTS OR FROM A PROVIDER AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
Limitation on Liability
IN NO EVENT WILL ENGLISH3 OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY OF THE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICES OR THE PROVIDERS, EVEN IF ENGLISH3 IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENGLISH3’S LIABILITY TO YOU OR ANY PART CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ENGLISH3 FOR THE SERVICES IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
English3 may terminate or suspend your account, your account or ability to use the Services, in whole or in part, without notice as specified in these Terms and in the event that (i) you fail to pay any fees due hereunder to English3 when due or (ii) you violate the Terms or violate any other rules that govern the use of the Services.
English3 may modify the Services, and all content, software and other items used or contained in the Services, at any time. References on the Services to any companies, organizations, products, or services, or other information do not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by English3.
You may ask to terminate your English3 Service account without refund by providing English3 with notice of termination through the “Contact Us” form link. Your access to and use of the Services, including any content therein, may be prevented by English3 at any time after your termination of your account.
Governing Law; Arbitration
At English3’s election and in its sole discretion, all disputes, claims, or controversies arising out of or relating to these Terms or the Website that are not resolved by mutual agreement may be resolved by binding arbitration. Unless otherwise agreed by the parties, arbitration will be held in Phoenix, Arizona, USA, before a single arbitrator mutually agreed upon by the parties. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator’s decision and award shall be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.
You agree to indemnify and hold English3 harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any User Data you post or distribute on or through the Services, your use of the Services, your interactions with other Users of the Services, or any violation of these Terms or of any law or the rights of any third party or otherwise arising out of your use of the Services.
These Terms constitute the entire agreement between you and English3 regarding the use of the Services and supersede any prior agreements between you and English3 relating to your use of the Services. The failure of English3 to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is determined to be unlawful, void or for any reason unenforceable, such determination shall not affect the validity and enforceability of any of the remaining provisions.