This agreement sets out the terms and conditions (“Terms and Conditions”) for use of the products and services of LanguageTribe, LLC (“LanguageTribe”). If you, as a client of LanguageTribe (“User”), agree with these Terms and Conditions in order for use of the products and services of LanguageTribe (the “LanguageTribe Products” or the “Products”), click “Agree.” If you do not agree to these Terms and Conditions, do not click “Agree” and do not use the LanguageTribe Products.
PAYMENT AND REFUND POLICIES
You agree that you will pay for all LanguageTribe Products you purchase. LanguageTribe will charge the payment method you select for any Products purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued to your personal account (“Account”). You are responsible for all payments and payment methods.
Your total price will include the price of the Products plus any applicable tax that LanguageTribe must collect on the bill-to address and the tax rate in effect at the time. All purchases are final. The prices for Products may change at any time, and LanguageTribe does not provide protection or refunds in the event of a price reduction or promotional offering.
Purchases for Products are charged immediately to your payment method. If one of the Products becomes unavailable, by technical problems or otherwise, following a transaction but prior to use, your sole remedy is a refund. Use of a Product is the initial viewing or streaming, not any subsequent viewings or streamings. Your request for refund must be made within forty-eight (48) hours of the purchase of the Product except in the instance of the Product purchase of a teacher-assisted lesson.
In a teacher-assisted lesson, the User must select a teacher. If the teacher accepts the request, then LanguageTribe will bill the User’s credit card. If the teacher selected is unable to meet the requested lesson time, the User will have the opportunity to select another teacher from those available or to reschedule with the initial teacher if possible. If that second lesson time is cancelled by a teacher, then the User can request a refund within forty-eight (48) hours of that second requested lesson time. A User can request cancellation or rescheduling of a teacher- assisted lesson one time without penalty but only twenty-four (24) hours in advance of the lesson.
ELECTRONIC AGREEMENT
Your use of the Products includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for and in accordance with such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all transactions you enter into on the LanguageTribe site, including notices of cancellation, policies, and contracts.
SPECIFIC TERMS AND CONDITIONS
This legal agreement between you and LanguageTribe governs your use of LanguageTribe Products. LanguageTribe is providing the Products only under the Terms and Conditions set forth in this agreement.
The LanguageTribe Products are available to you only in locations mutually agreed by the parties. You agree not to use or attempt to use them outside these locations. LanguageTribe may use technologies to verify your compliance. Use of the Products requires compatible devices, Internet access, and certain software (fees may apply) which you must supply.
YOUR ACCOUNT
As a registered user of the LanguageTribe Products, you must establish an Account. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur through your Account. LanguageTribe shall not be responsible for any losses arising out of the unauthorized use of your Account. In order to purchase and download LanguageTribe Products, you must enter your identification and password.
Only persons age thirteen (13) years or older can create Accounts. Accounts for persons under thirteen (13) years old can be created by a parent or legal guardian or by an approved educational institution. Children under the age of majority must review this agreement with their parent or guardian to ensure that the child and parent or legal guardian understand it.
PRIVACY CONSIDERATIONS
DISCLOSURE OF INFORMATION
LanguageTribe does not disclose nonpublic personal information about our current or former customers to anyone outside of LanguageTribe, except as permitted by law or this agreement.
CONFIDENTIALITY AND SECURITY OF INFORMATION
LanguageTribe restricts access to nonpublic personal information about you to those LanguageTribe employees who need to know such information and certain third party service providers who provide support services to us. LanguageTribe diligently maintains physical, electronic, and procedural safeguards that comply with strict standards to guard your private personal information and to assist us in preventing unauthorized access to that information.
INFORMATION THAT WE MAY COLLECT
LanguageTribe may obtain your name, address, date of birth, social security number, bank and credit card information, account information, gender, guardianship information, and information and data related to a User’s progress and performance with the Products. We may obtain information from your Account file at the time that you establish your Account, from applications and other forms you submit to us, from your communications with us, from internet websites, from consumer reporting agencies, and from third party providers of public information.
PROTECTION TECHNOLOGY
You agree that the Products include security technology that limits your use of the Products and that, whether or not the Products are limited by security technology, you shall use the Products in compliance with the applicable usage rules (“User Rules”) and Terms and Conditions, and that any other use of the Products may constitute copyright infringement. LanguageTribe reserves the right to modify the User Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such User Rules for any reason.
You agree not to access the LanguageTribe Products by any means other than through the website of LanguageTribe (the “Website”). You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the Website.
USER RULES
LanguageTribe hereby grants you permission to access and use the Products, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms and Conditions on your part:
INTELLECTUAL PROPERTY
You agree that the Products, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Products, contain proprietary information and material that is owned by LanguageTribe and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use in compliance with this agreement. No portion of the Products or Website may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works in any manner, and you shall not exploit the Products in any unauthorized way whatsoever.
All copyrights in and to the Products and related software are owned by LanguageTribe and/or its licensors, who reserve all their rights in law and equity. The use of the products or any part of the Website or Products, except for use as permitted in this agreement, is strictly prohibited and infringes on the intellectual property rights of others and may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement.
LanguageTribe is a trademark or registered trademark of LanguageTribe, LLC. in the U.S. and/or other countries. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
TERMINATION
If you fail to comply with any of the provisions of this agreement, LanguageTribe, at its sole discretion, without notice to you may: (i) terminate this agreement, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Products.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION
LanguageTribe does not guarantee, represent, or warrant that your use of the Products will be uninterrupted or error-free, and you agree that from time to time LanguageTribe may remove the Products for indefinite periods of time, or cancel the Products at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Products is at your sole risk. The Products delivered to you through the Website are (except as expressly stated by LanguageTribe) provided “as is” and “as available” for your use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement. Because some jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to you.
In no case shall LanguageTribe, its members, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of any of the Website or Products or for any other claim related in any way to your use of the Website or Products, including, but not limited to, any errors or omissions in any Products, or any loss or damage of any kind incurred as a result of the use of any Products posted, transmitted, or otherwise made available, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, LanguageTribe’s liability shall be limited to the maximum extent permitted by law.
LanguageTribe shall use reasonable efforts to protect information submitted by you in connection with the Website, but you agree that your submission of such information is at your sole risk, and LanguageTribe hereby disclaims any and all liability to you for any loss or liability relating to such information in any way.
LanguageTribe does not represent or guarantee that the Website or Products will be free from inaccuracy, loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and LanguageTribe disclaims any associated liability.
CHANGES
LanguageTribe reserves the right at any time to modify this agreement, the Products, or the Website and to impose new or additional terms or conditions on your use of the Website or Products. Such modifications and additional terms and conditions will be effective immediately and incorporated into this agreement. Your continued use of the Website or Products will be deemed acceptance of these changes.
MISCELLANEOUS
This agreement constitutes the entire agreement between you and LanguageTribe and governs your use of the Website or Products, superseding any prior agreements between you and LanguageTribe. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this agreement 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. LanguageTribe’s failure to enforce any right or provisions in this agreement will not constitute a waiver of such or any other provision. LanguageTribe will not be responsible for failures to fulfill any obligations due to causes beyond its control.
LanguageTribe reserves the right to take steps LanguageTribe believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this agreement. You agree that LanguageTribe has the right, without liability to you, to disclose any data or Account information to law enforcement authorities, government officials, and/or a third party, as LanguageTribe believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this agreement (including but not limited to LanguageTribe’s right to cooperate with any legal process relating to your use of the Website or Products, and/or a third-party claim that your use of the Website or Products is unlawful and/or infringes such third party’s rights).