Terms and Conditions
TERMS AND CONDITIONS OF USE
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF USE (the “Agreement”), AS WELL AS OUR PRIVACY POLICY, BEFORE USING ANY WEBSITE, MOBILE APP, BLOG, ONLINE SERVICE, SOCIAL MEDIA WEBSITE OR APP CONTROLLED BY LEARN2SPEAK.LIVE (the “Services”) (IN ADDITION TO ANY TERMS AND CONDITIONS OF SUCH SOCIAL MEDIA WEBSITES AND APPS). BY ACCESSING OR USING THE SERVICES, YOU (“USER”) AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS OF USE. IF YOU DISAGREE WITH ANY OF THE FOLLOWING TERMS OR CONDITIONS, PLEASE DO NOT USE THE SERVICES
LEARN2SPEAK.LIVE (“we,” “us,” “our,” or the “Platform”) OWNS AND OPERATES THE SERVICES.
WE RESERVE THE RIGHT TO CHANGE ANY TERMS OR CONDITIONS WITHOUT NOTICE, EFFECTIVE UPON THEIR POSTING.
THE PLATFORM OR ITS SERVICE PROVIDERS, PARENTS, AFFILIATES AND BUSINESS ASSOCIATES MAY IMPOSE LIMITS ON CERTAIN FEATURES AND SERVICES OR RESTRICT YOUR ACCESS TO PARTS OR ALL OF THE SERVICES WITHOUT NOTICE OR LIABILITY; THE PLATFORM MAY ALSO TERMINATE YOUR USE OF THE SERVICES AT ANY TIME IN ITS SOLE DISCRETION.
THESE TERMS AND CONDITIONS OF USE INCLUDE AN ARBITRATION AGREEMENT, A LIMITATION OF LIABILITY, AND OTHER IMPORTANT TERMS.
1 – Ownership of Intellectual Property Rights
All text, photographs, images, illustrations, artwork, audio and video clips, design, software, graphic material, trademarks, service marks and trade names, and all intellectual property rights in and to such items (hereinafter “Content”) constitute the sole and exclusive property of the Platform or its subsidiaries, affiliates, licensors and content providers. The User is granted a personal, non-exclusive, non-assignable and non-transferable license to use the Content for non-commercial and personal, informational use only. The following acts are additionally prohibited without our prior written approval: copying of the Services or the Content or any portion, variations or derivatives thereof; reproduction, modification, creation of derivative works, display, performance, publication, distribution, dissemination, broadcast or circulation of any Content, in whole or in part (including without limitation, the display and distribution of the Content via a third-party application or Website); and disassembling, decompiling, reverse engineering or otherwise modifying the Content.
2 – Use of Services
You must be at least eighteen (18) years old to register as a User and purchase our Services. By agreeing to this Agreement during the registration and/or transaction process, you represent and certify that you are legally able to enter into any and all purchase agreements with the Platform and its partners, vendors, agents and service providers.
IF OUR PLATFORM’S SERVICES ARE PURCHASED FOR INTENDED USE BY A STUDENT WHO IS YOUNGER THAN EIGHTEEN (18) YEARS OLD, SUCH USE SHOULD ONLY OCCUR UNDER THE CONSTANT SUPERVISION OF A RESPONSIBLE ADULT.
In order to use the Platform, Users must have access to the Internet, either directly or through devices that access web-based content, and pay any fees or other costs associated with such access. In addition, Users must provide all the equipment required for such a connection to the Internet, including a computer, tablet or cell phone, and a modem, reliable wifi connection or other access devices.
If you are under eighteen (18) years old, you may use the Platform only with the involvement, supervision and consent of a parent, legal guardian, or at the direction of your School. Your School may impose additional policies regarding the use of the Platform, with which you must comply.
2.1 – Companies & Employees
If you utilize the Platform to provide the Services to employees of any kind of business entity, you represent and warrant that you are an authorized representative of the business entity with the authority to bind the business entity to this Agreement, and that you agree to this Agreement on behalf of the business entity. If you contact the Platform to take any action with respect to an account, you represent and warrant that you have all necessary authority to request such action(s) from or on behalf of the account-holder (e.g., a Manager or Executive).
If you are an employee, your company may impose additional policies regarding the use of the Platform, with which you must comply.
2.2 – Schools & Students
If you utilize the Platform to provide the Services to students in a School, you represent and warrant that you are an authorized representative of the School with the authority to bind the School to this Agreement, and that you agree to this Agreement on the School’s behalf. If you contact the Platform to take any action with respect to an account, you represent and warrant that you have all necessary authority to request such action(s) from or on behalf of the account-holder (e.g., a School or Parent).
The U.S. Children’s Online Privacy and Protection Act (“COPPA”) requires that online service providers obtain verifiable parental consent before collecting personal information from children under thirteen (13) years old. If you are a School providing the Services to children under thirteen (13) years old, you represent and warrant that you have the authority to provide consent on behalf of parents for the Platform to collect information from students under thirteen (13) years old before allowing such students to access our Service. We recommend that all Schools provide appropriate disclosures to students and parents regarding their use of service providers such as our Platform and that they provide a copy of our Privacy Policy to parents.
2.3 – Academic honesty
Our services are provided for the purpose of facilitating learning, and not to encourage or facilitate cheating or any other form of academic dishonesty. You shall not use the Platform to inquire about, engage in or aid or assist anyone with any form of academic dishonesty (for example, completing assignments or projects, writing papers or essays, taking (or helping to take) quizzes or examinations on someone’s behalf), or to take any action that would violate the academic or conduct policies of a school, university, academic institution or workplace.
2.4 – International Use
Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you 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.
2.5 – Additional User Conduct Guidelines
The Platform requests that the User not impede or inhibit any other User from using and enjoying the Services. Therefore, in using the Services, you agree not to: disrupt or interfere with the security of, or otherwise abuse, the Services, system resources, accounts, servers or networks connected to or accessible through the Services or affiliate linked websites/services; upload, post, or otherwise transmit through or on the Services any viruses or other harmful, disruptive or destructive files; use or attempt to use another’s account, service or system, or link to another site, without authorization from us, or create or use a false identity on the Services; or transmit through or on the Services spam, chain letters, junk mail or other types of unsolicited mass email to people or entities who have not agreed to be part of such mailings.
The Platform reserves the right to remove any content that it believes, in its sole discretion, is infringing, defamatory, illegal or offensive, or otherwise as may be permitted under the Digital Millennium Copyright Act or other applicable law. Further, any unauthorized or prohibited use may additionally subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
3 – Account registration
If you register on the Platform and use our Services, you will be required to choose a password and username, and you may be asked for additional information regarding your account, such as your email address. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify the Platform of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. Each registration is for a single user only, unless otherwise expressly provided on the registration page. You may never use another User’s account without prior authorization from the Platform. the Platform will not be liable for any loss or damage arising from your failure to comply with this Agreement.
4 – Account Termination or Suspension
If the Platform determines in its sole discretion that you are violating any of the terms of this Agreement, the Platform may: (1) notify you, and (2) use technical measures to block or restrict your access or use of the Services.
In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use. If the Platform terminates your account, or suspends or discontinues your access to the Services due to the fact that you violated this Agreement in any way, then you will not be eligible for any credit, refund, discount or other compensation.
Our Platform users may not share, give or sell their password or username to any other person or entity.
Excessive viewings or logins by any User will be construed by the Platform as fraudulent use of the Services, which will result in the immediate cancellation of their account and services without refund.
When becoming a User, you agree to take all actions possible to protect your username and password from fraudulent use.
The Platform reserves the right to cancel any Services and terminate any account it believes has been compromised, or is being used fraudulently, at its own discretion.
5 – School Accounts and Student Data
This Section 5 applies to a School’s use of the Platform’s Services.
When the Platform is used by a School for an educational purpose, the Platform may collect or have access to Student Data that is provided by the School or by a student. “Student Data” is personal information that is directly related to an identifiable student and may include “educational records” as defined by the Family Educational Rights and Privacy Act (“FERPA”).
The School or the student, and not the Platform, owns and controls the Student Data. You authorize the Platform to access, collect, transmit, modify, display and store Student Data to provide the Service and as described in this Agreement and in our Privacy Policy.
5.1 – Compliance with Laws
In the U.S., the Platform may collect and process Student Data as a School Official with a legitimate educational interest pursuant to the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232(g). Individually and collectively, we and our School Users agree to uphold our obligations under FERPA, COPPA, the Protection of Pupil Rights Amendment (“PPRA”), applicable State laws relating to student data privacy, and with all other laws and regulations governing the protection of Student Data.
5.2 – Use of Student Data
By submitting, providing us access to, or causing us to receive Student Data, you agree that the Platform may use the Student Data for the purposes of (i) providing the Services, (ii) improving and developing our Service, (iii) enforcing our rights under these Terms, and (iv) as permitted with the School’s or the User’s consent.
5.3 – Use of De-Identified or Anonymized Student Data
You agree that both before and after the term of the Agreement, the Platform may collect, analyze, use, and retain data derived from Student Data as well as data about users’ access and use of the Services, for the purpose of operating, analyzing, improving or marketing the Services, developing new products or services, conducting research or other purposes, provided that the Platform may not share or publicly disclose information that is derived from Student Data unless such data is de-identified and/or anonymized such that it cannot reasonably identify a specific individual.
5.4 – Use of Personal Information for Marketing
You agree that the Platform may provide customized content, advertising, and commercial messaging to school, teacher or district administrative users and other non-student users from time to time, provided that such advertisements shall not be based on Student Data. For emphasis, and without limitation, the Platform shall never use Student Data to engage in targeted advertising.
5.5 – Disclosure of Student Data and Third-Party Service Providers
You acknowledge and agree that the Platform may provide access to Student Data to our employees and service providers which have a legitimate need to access such information to provide their services to us. We and our employees, affiliates, service providers, or agents involved in the handling, transmittal, and processing of Student Data will be required to maintain the confidentiality of such data. The Platform shall not share Student Data with third parties other than as described in this Agreement and in the Platform Privacy Policy, or with consent of the School or parent.
5.6 – Student Data Access and Deletion Requests
You may request that we delete Student Data in our possession at any time by providing such a request in writing, and we shall comply with such request within thirty (30) days, except that the Platform shall not be required to delete Student Data that has been moved to a personal account on the Services or as otherwise prohibited by law. A parent or student over the age of eighteen (18) seeking to access, modify, correct, or delete personal information in a student account that is connected to a School account will be instructed to contact the School to discuss data deletion or modification. The Platform is not required to delete data that has been derived from Student Data if such data is de-identified and/or anonymized such that it cannot reasonably identify a specific individual.
5.7 – Data Security and Breach Notification
We have implemented administrative, physical and technical safeguards designed to secure the personal information in the Platform’s possession and control from unauthorized access, disclosure and use. If an unauthorized party gains access to or has been disclosed Student Data (a “Security Event”), that we have collected or received through the Service under this Agreement, we will promptly notify the School.If, due to a Security Event which is caused by the acts or omissions of the Platform or its agents, a notification to an individual, organization or government agency is required under applicable privacy laws, the School shall be responsible for the timing, content, and method of any such legally-required notice and compliance with such laws and the Platform shall indemnify the School for reasonable costs related to legally-required notifications. With respect to any Security Event which is not caused by the acts or omissions of the Platform or its agents, the Platform shall reasonably cooperate with School’s investigation of the Security Event, as School requests, at School’s reasonable expense, but the Platform shall not indemnify a School for costs associated with the Security Event. the Platform shall be responsible for the timing, content, cost and method of notice and compliance with such laws as they relate to users that are not associated with a School account.
5.8 – State Specific Terms
The following additional terms may apply depending on the state a School is located:
5.8.1 – Connecticut
This Section 5.8.1 applies to the use of the Services by Schools located in the State of Connecticut. The purpose of this Section 5.8.1 is to document compliance with applicable Connecticut state laws that may apply to the use of the Services by Schools in Connecticut, such as Conn. Gen. Stat. Ann. § 10-234aa-dd. This Section 5.8.1 incorporates by reference the definitions set forth in Conn. Gen. Stat. Ann. § 10-234aa.
If you open an account on our Platform to provide services to students in a School located in the State of Connecticut, you represent and warrant that you are authorized to do so on behalf of the local or regional board of education with authority over the School and that you are authorized to communicate with the Platform on behalf of the local or regional board of education.
The Platform and you shall comply with all applicable sections of Conn. Gen. Stat. Ann. § 10-234aa-dd. The following terms shall apply as required by Conn. Gen. Stat. Ann. § 10-234bb. To the extent that any such required terms conflict with other terms in this Agreement, the terms of this Section 5.8.1 shall apply.
Student information, student records and student-generated content are not the property of or under the control of the Platform.
The local or regional board of education may request the deletion of any student information, student records or student-generated content in the possession of the Platform by sending a request to admin@learn2speak.live. As permitted by Conn. Gen. Stat. Ann. § 10-234bb(2), the Platform is not required to delete information prohibited from deletion or required to be retained under state or federal law or stored as a copy as part of a disaster recovery storage system and that is (i) inaccessible to the public, and (ii) unable to be used in the normal course of business by the contractor. The Platform will, however, comply with requests for deletion of student information, student records, or student-generated content that is restored from such disaster recovery storage systems.
The Platform will not use student information, student records and student-generated content for any purposes other than those authorized pursuant to this Agreement.
A student, parent or legal guardian of a student may review personally identifiable information contained in student information, student records or student-generated content and correct erroneous information, if any, in such student record by contacting their School. The Platform will respond to such requests in accordance with instructions sent by an authorized School representative to admin@learn2speak.live.
The Platform will take actions designed to ensure the security and confidentiality of student information, student records and student-generated content.
The Platform will promptly notify the local or regional board of education in accordance with the provisions of section 10-234dd when there has been an unauthorized release, disclosure or acquisition of student information, student records or student-generated content.
Student information, student records or student-generated content shall not be retained or available to the contractor upon expiration of this Agreement. This restriction shall not apply to the extent that a student, parent or legal guardian of a student independently establishes or maintains an electronic account with the Platform for the purpose of storing their student-generated content.
The Platform and the local or regional board of education shall ensure compliance with the Family Educational Rights and Privacy Act of 1974, 20 USC 1232g, as amended from time to time.
The laws of the state of Connecticut shall govern the rights and duties of the Platform and the local or regional board of education.
If any provision of this Section 5.8.1 is held invalid by a court of competent jurisdiction, the invalidity does not affect other provisions or applications of the contract which can be given effect without the invalid provision or application.
5.8.2 New York
This Section 5.8.2 applies to the use of the Platform services by Schools located in the State of New York. The purpose of this Section 5.8.2 is to document compliance with New York state laws that may apply to the use of the services by Schools in New York, such as New York State Education Law Section 2-d (Ed Law 2-d) and Part 121 of Title 8 of the Codes, Rules and Regulations of the State of New York (8 CRR-NY § 121). This Section 5.8.2 incorporates by reference the definitions set forth in Ed Law 2-d § 3 and 8 CRR-NY § 121.1.
If you open an account on our Platform to provide services to students in a School located in the State of New York, you represent and warrant that you are authorized to do so on behalf of the educational agency with authority over the School and that you are authorized to communicate with the Platform on behalf of the educational agency.
The Platform and you shall comply with all applicable sections of Ed Law 2-d and 8 CRR-NY § 121. The following terms shall apply as required by Ed Law 2-d § 5(b)(3) and 8 CRR-NY § 121.3, 121.6. To the extent that any such required terms conflict with other terms in this Agreement, the terms of this Section 5.8.2 shall apply.
8 CRR-NY § 121.6(a)(1): outline how the third-party contractor will implement all State, Federal, and local data security and privacy contract requirements over the life of the contract, consistent with the educational agency’s data security and privacy policy – the Platform has implemented policies and procedures consistent with the New York State Education Department Data Privacy and Security Policy v1.0 (available here). It is the School’s responsibility to provide the Platform with its data security and privacy policy if different from the New York State Education Department Data Privacy and Security Policy. The Platform will review its policies and procedures against data security and privacy policies provided to it by educational agencies. In the event that the Platform policies and practices are not consistent with the educational agencies’ policies, the Platform will take commercially reasonable efforts to achieve consistency.
8 CRR-NY § 121.6(a)(2): specify the administrative, operational and technical safeguards and practices it has in place to protect personally identifiable information that it will receive under the contract –
The Platform employs reasonable organizational and technical safeguards to prevent unauthorized access, use, alteration, or disclosure of personally identifiable information stored on systems under the Platform’s control. Please also see the Platform’s Privacy Policy. School administrators may also request a copy of the Platform’s Security Policies and Procedures.
8 CRR-NY § 121.6(a)(3): demonstrate that it complies with the requirements of section 121.3(c) of this Part –
The Parent Bill of Rights, along with any other supplemental documentation relating specifically to your School, is included in this contract unless the Platform and your School or District have entered into a separate signed written agreement regarding that subject matter. If your School does not have a Parent Bill of Rights, the New York State Parent Bill of Rights (available here) is applicable and is included in this contract.
8 CRR-NY § 121.3(c)(1) the exclusive purposes for which the student data or teacher or principal data will be used by the third-party contractor, as defined in the contract – to provide the Platform’s services as set forth in this Agreement. Student data and teacher or principal data will not be used for any other purpose.
8 CRR-NY § 121.3(c)(2) how the third-party contractor will ensure that the subcontractors, or other authorized persons or entities to whom the third-party contractor will disclose the student data or teacher or principal data, if any, will abide by all applicable data protection and security requirements, including but not limited to those outlined in applicable State and Federal laws and regulations (e.g., FERPA; Education Law section 2-d) – subcontractors and other authorized persons or entities will be provided such information pursuant to contractual obligations to maintain the confidentiality of such data in a manner consistent with this Agreement.
8 CRR-NY § 121.3(c)(3) the duration of the contract, including the contract’s expiration date and a description of what will happen to the student data or teacher or principal data upon expiration of the contract or other written agreement (e.g., whether, when and in what format it will be returned to the educational agency, and/or whether, when and how the data will be destroyed) – this Agreement will be in effect for a School so long as that School has an active subscription to the Platform’s Services. Upon expiration or termination of a School’s subscriptions without renewal, the Platform will delete student data and teacher or principal data in accordance with the terms of any applicable written agreement with the School, written requests from authorized School administrators, and our standard data retention schedule. Authorized School administrators may contact the Platform at admin@learn2speak.live to request additional information about our standard data retention schedule and available options for customizing the Platform’s standard data retention schedule to meet individual School requirements.
8 CRR-NY § 121.3(c)(4) if and how a parent, student, eligible student, teacher or principal may challenge the accuracy of the student data or teacher or principal data that is collected – Parents, students, eligible students, and teachers or principals may contact their School to exercise this right. The Platform will cooperate with the School to effectuate such requests at the School’s direction.
8 CRR-NY § 121.3(c)(5) where the student data or teacher or principal data will be stored, described in such a manner as to protect data security, and the security protections taken to ensure such data will be protected and data security and privacy risks mitigated – student data and teacher or principal data for Schools located in New York will be stored in the United States. Such data will be stored in a manner consistent with the NIST Cybersecurity Framework to mitigate against data security and privacy risks.
8 CRR-NY § 121.3(c)(6) address how the data will be protected using encryption while in motion and at rest – the Platform will utilize a technology or methodology specified or permitted by the Secretary of the United States Department of Health and Human Services in guidance issued under section 13402(H)(2) of Public Law 111-5.
8 CRR-NY § 121.6(a)(4) specify how officers or employees of the third-party contractor and its assignees who have access to student data, or teacher or principal data receive or will receive training on the Federal and State laws governing confidentiality of such data prior to receiving access – the Platform periodically provides training to its staff regarding data security and privacy obligations with respect to such data.
8 CRR-NY § 121.6(a)(5) specify if the third-party contractor will utilize sub-contractors and how it will manage those relationships and contracts to ensure personally identifiable information is protected – while the Platform does not sub-contract portions of any particular contract with a customer, the Platform may utilize vendors in the course of providing the Platform’s Services. Such vendors will only be provided personally identifiable information to the extent necessary for them to provide their contracted-for services and will be subject to obligations of confidentiality and security consistent with this Section 5.8.2.
8 CRR-NY § 121.6(a)(6) specify how the third-party contractor will manage data security and privacy incidents that implicate personally identifiable information including specifying any plans to identify breaches and unauthorized disclosures, and to promptly notify the educational agency – the Platform will manage and respond to Security Events as set forth in this Agreement and our Privacy Policy. As required by Ed Law 2-d, the Platform will notify the school of a Security Event in the most expedient way possible and without unreasonable delay.
8 CRR-NY § 121.6(a)(7) describe whether, how and when data will be returned to the educational agency, transitioned to a successor contractor, at the educational agency’s option and direction, deleted or destroyed by the third-party contractor when the contract is terminated or expires – upon expiration or termination of a School’s subscriptions without renewal, the Platform will delete student data and teacher or principal data in accordance with the terms of any applicable written agreement with the School, written requests from authorized School administrators, and our standard data retention schedule. Authorized School administrators may contact the Platform at admin@learn2speak.live to request additional information about our standard data retention schedule and available options for customizing the Platform’s standard data retention schedule to meet individual School requirements.
6 – Billing Policy
The Platform offers:
– online individual sessions (“Sessions“), that need to be purchased and scheduled by our users, before they can attend their Sessions. Users are able to schedule their Sessions based on the availability displayed on the Platform. The availability displayed varies in real-time.
– online group classes (“Classes“), that need to be purchased and booked by our users, before they can attend their Classes. Users are able to book their Classes based on the schedule displayed on the Platform.
– online courses (“Online Courses“) and other downloadable contents (“Content”), which are one-time purchases of educational digital products intended to instruct a person related to a specific area of study or on a particular topic, that can be accessed for a limited period of time.
As part of our Online Courses,the Platform may provide course materials that users may download from the Services (“Course Materials“).
Such Course Materials may only be used for your own personal, non-commercial use. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any Course Materials, nor may you modify or create derivative works related to such Course Materials.
The Platform reserves the right to cancel, interrupt, or reschedule any Session, Class, Online Course or Content.
Subject to your payment of any applicable fees and your compliance with all of the other terms the Platform specifies for the Services, the Platform grants you a non-exclusive, non-transferable, limited right and license, so long as the Sessions, Classes and/or Contents, Online Courses are available on the Services, to access, view, use, and display such Sessions, Classes and/or Contents, Online Courses for non-commercial, private use.
Users are not entitled to a partial refund in the event that they have not completed their Online Courses, unless advertised and sold otherwise by the Platform.
Online Courses and Contents are non-refundable, unless advertised and sold otherwise by the Platform.
If a User is terminated due to a violation of this Agreement, the Platform shall not reimburse the User for the remainder of any Online Courses
6. 1 – Cancelation & Refund Policy
Unless advertised otherwise during the purchase process, Sessions and Classes are eligible for a refund, provided they are canceled with, at least, a twenty-four (24) hour written notice.
You may cancel your Sessions and Classes, with a written notice received by the Platform at least twenty-four (24) hours prior to the initial start date/time of your next scheduled Session or Class.
You may request a cancellation from our Platform’s Contact Page.
6.2 – Rescheduling Policy
Unless advertised otherwise during the purchase process, Sessions and Classes can be rescheduled, provided they are rescheduled with, at least, a twenty-four (24) hour written notice.
You may reschedule your Sessions and Classes, with a written notice received by the Platform at least twenty-four (24) hours prior to the initial start date/time of your next scheduled Session or Class.
You may request to reschedule a Session or Class from our Platform’s Contact Page.
Additional cancellation, rescheduling or refund Conditions may apply on certain offers and products sold by the Platform.
7 – Disclaimers
USER EXPRESSLY AGREES THAT USE OF THE SERVICES IS AT USER’S SOLE RISK. NEITHER THE PLATFORM, NOR ITS PARENTS, AFFILIATES, EMPLOYEES, STAFF, AGENTS, SERVICE PROVIDERS, THIRD-PARTY INFORMATION PROVIDERS, LICENSORS OR THE LIKE, WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY, SECURITY OR CONTENT OF ANY INFORMATION OR SERVICE CONTAINED IN OR PROVIDED THROUGH THE SERVICES.
THE SERVICES, ALL CONTENT AND INFORMATION PROVIDED THEREIN, AND ALL DOWNLOADABLE SOFTWARE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, AND ALL SUCH WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED AND EXPRESSLY NEGATED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY THE PLATFORM, ANY OF ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS OR ANY SERVICE PROVIDERS, THIRD-PARTY INFORMATION PROVIDERS, LICENSORS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE. USER HEREBY ACKNOWLEDGES THAT THE PLATFORM IS NOT RESPONSIBLE FOR ANY INTERCEPTED INFORMATION SENT VIA THE INTERNET, AND USER RELEASES THE PLATFORM FROM ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE USE OF INTERCEPTED INFORMATION IN ANY UNAUTHORIZED MANNER. WE MAY CHANGE OR DISCONTINUE ANY OR ALL OF THE SERVICES AT ANY TIME WITHOUT NOTICE OR LIABILITY TO YOU.
8 – Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL THE PLATFORM, ITS PARENTS, AFFILIATES, EMPLOYEES, STAFF, AGENTS OR ANY THIRD-PARTY INFORMATION PROVIDER, SERVICE PROVIDER, LICENSOR, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, LOST PROFIT, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES THAT RESULT FROM OR ARE RELATED TO THE USE OF OR INABILITY TO USE THE SERVICES; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT OR DESTRUCTION.
This Applies to Apps and Social Media Accounts, Too
All of these Terms and Conditions of Use apply to our apps and social media accounts, too. Use of our apps and social media accounts is also at your own risk. They are provided as a service to our users without charge, and we disclaim any and all responsibility for them. We do not screen our users, so please use good judgment and common sense in deciding whom to meet or trust with your personal information. We do not provide contact details to other users through any of our apps or social media accounts and instead route all messages through us. If at any time you wish to stop receiving messages from another user through one of our apps or social media accounts, you can just “block” them. You can also report threats, abuse or any other inappropriate conduct by emailing us at admin@learn2speak.live
9 – Arbitration Agreement and Class Action Waiver
You and the Platform agree that any dispute between us (including disputes against any agent, employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other) relating to: (1) the Services; (2) any transaction or relationship between us resulting from your use of the Services; (3) the purchase, order, installation, or use of the Services; or (4) communications between us (including claims relating to advertisements and disclosures, emails sent by the Platform or the Platform’s collection or use of information), will be resolved exclusively and finally by binding arbitration and the arbitration decision may be enforced and judgment entered thereon in any court of competent jurisdiction. You and the Platform further agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, and not by any state law concerning arbitration. You and the Platform further agree that any determination regarding the applicability, enforceability, or validity of this arbitration agreement will be made by the arbitrator, not by any court.
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING, BUT NOT LIMITED TO, YOUR RIGHT TO A JURY TRIAL.
In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal, however; an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association (“AAA“), and conducted under AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules“) then in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 788-7879. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum.
Any arbitration shall be conducted only on an individual basis, and any claim shall not be arbitrated as a class action, in a purported representative capacity, or brought as a private attorney general. The arbitrator shall have no authority to: (1) consolidate more than one person’s claims against the Platform; (2) preside over any kind of representative or class proceeding against Platform; or (3) award any kind of class-wide relief. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties’ agreement to arbitrate shall be null and void.
YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST US IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS REPRESENTATIVE, OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
If you do not agree to this arbitration agreement and class action waiver, you must notify us in writing and not use the Services.
10 – Indemnification
The User agrees to indemnify, defend and hold harmless, the Platform its parents, affiliates, employees, staff, agents, third-party information providers, service providers, licensors and the like and their respective officers, directors, employees, agents, licensors, representatives, and third-party providers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions of Use by the User. The Platform reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by User, in which event User will fully cooperate with us in asserting any available defenses.
11 – Third-Party Links and Sites
The Services may contain links to other Internet sites, resources and/or sponsors of the Services. We do not verify, warrant, endorse, or take responsibility for the availability, accuracy, completeness or quality of the content contained in these outside sites or resources. Providing links to outside sites does not constitute our approval of the content, policies or practices of those other sites. Be sure to review the terms of use and privacy policies posted on the outside sites or resources after utilizing them.
In order to identify third-party sites or resources, the Services may make use of third-party trademarks, images or branding. Usage of these items does not imply endorsement or certification by the third party. Logos and trademarks displayed within the Services are the property of their respective owners and are used in accordance with existing agreements between us and the third party or by usage guidelines and policies set forth by the third party.
12 – Opt Out of Receiving Further Web Based Marketing
You can choose to be removed from our web-generated marketing lists at any time. Each unsolicited commercial email includes instructions for opting out of further email marketing communications. In addition, you can opt out of our marketing email by sending an email with “remove” in the subject line to admin@learn2speak.live.
13 – Privacy Policy
The Platform respects your privacy and permits you to control certain aspects of the treatment of your personal information as set forth in the Platform’s Privacy Policy. A complete statement of the current privacy policy can be found in the Platform’s Privacy Policy. The Privacy Policy is expressly incorporated into this Agreement by this reference.
14 – Infringement Policy
The Platform reserves the right in its sole discretion to immediately suspend and/or terminate access to the Services by any user who is alleged to have infringed on the intellectual property rights of the Platform or of a third party, or otherwise violated any intellectual property laws or regulations. The Platform’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want the Platform to delete, edit, or disable the material in question, you must provide the Platform with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed 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 the Platform to locate the material; (d) information reasonably sufficient to permit the Platform to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to the Platform by email with a return receipt acknowledgement.
15 – Exclusions and Limitations
Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of this Agreement remain in full force and effect.
16 – Changes to the Terms and Conditions of Use or Privacy Policies
If there are updates to the terms of our Privacy Policy or these Terms and Conditions of Use, we will post those changes and update the revision date on the applicable document so Users will always know what information we collect online, how we use it, and what choices the User has. We will not apply changes to how personally identifiable information is used or disclosed to information already collected absent consent, except as permitted by applicable law.
17 – Additional Dispositions
These Terms and Conditions of Use are not intended to alter the terms or conditions of any other agreement you may have with the Platform or its affiliates, parents, service providers or business associates to the extent that those agreements govern issues other than your use of the Services. Should any provision in these Terms and Conditions of Use be found invalid or unenforceable for any reason, that provision shall be deemed severable from the terms and shall not affect validity or enforceability of the remaining provisions. These Terms and Conditions of Use may not be altered by action, inaction or course of dealing between the parties. These Terms and Conditions of Use may only be altered by (a) prior written mutual agreement between us and a User; or (b) the Platform posting revisions to these Terms and Conditions of Use. Failure by the Platform to object to a User’s behavior, conduct or action does not constitute a consent, ratification or waiver of objection. If you have signed an agreement with us (e.g., a sales agreement), and if there is a conflict between these Terms and Conditions of Use and that agreement, then the terms and conditions of the sales agreement shall control.
18 – Governing Law and Jurisdiction
These Terms and Conditions of Use shall be governed by, and construed and enforced in accordance with, the laws of the State of Georgia and the federal laws of the United States of America. Users agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within the State of Georgia for any disputes arising from or related to the Services or these Terms and Conditions of Use.
Any claim or dispute between you and the Platform that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Atlanta, Georgia.
You agree that: (a) the Services shall be deemed solely based in Georgia; and (b) the Service shall be deemed a passive website or service that does not give rise to personal jurisdiction over the Platform, either specific or general, in jurisdictions other than Georgia.
Questions
If you have any questions or concerns about our Terms and Conditions of Use, please contact us at: admin@learn2speak.live
These Terms and Conditions of Use were last updated on April 2, 2024.
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