WEBSITE TERMS AND CONDITIONS OF USE
The following terms and conditions govern all use of the websites OneMonthSpanish.com and OneMonthFrench.com and all content, services, features, activities and products available at or through the websites, including, but not limited to, the One Month Spanish Conversational Spanish course, One Month French Conversational Course, mobile sites and applications (collectively, the “Services”). The Services are owned and operated by One Month Lingo (“One Month Lingo”, “us” or “we”). We ask you to review these terms and conditions, which, together with One Month Lingo’s Privacy Policy, which is are incorporated by reference herein in their entirety, constitute a legally binding agreement between you and One Month Lingo’s that conditions your use of the Services (this “Agreement”). By using or accessing the Services, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access or use the Services. The Services are available only to individuals who are at least 13 years old.
License to use website
Unless otherwise stated, One Month Lingo and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website; or
- redistribute material from this website (except for content specifically and expressly made available for redistribution).
Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without One Month Lingo’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without One Month Lingo’s express written consent.
Restricted Access
Access to certain areas of this website is restricted. One Month Lingo reserves the right to restrict access to areas of this website, or indeed this entire website, at our discretion.
If you receive a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
One Month Lingo may disable your user ID and password in our sole discretion without notice or explanation.
Premium Accounts
Premium Accounts are available as either subscription, single payment purchases, or multi-payment purchases. Billing type, prices and term are defined in each offer and are summarized prior to the end of the order process. By submitting Your credit card or other payment information You authorize One Month Lingo to charge Your credit card in the amount indicated for the value of the service or services in accordance with the terms of each offer.
Premium Accounts: Term & Cancellation
Premium Accounts with a recurring subscription are concluded for the time specified in the individual order. After each subscription term, the contract renews automatically according to the term agreed upon (e.g. 1, 3, 6 or 12 months), unless the User cancels the service before the end of the term. The full invoice amount of each renewal term will be charged on the first day of the renewal.
Premium accounts with a subscription term may be terminated by the user by:
(a) Submitting a cancellation through the “My Account” area of the website at least 24 hours prior to the end of the current term, or
(b) By email notice to hola@onemonthspanish at least five (5) days prior to the end of the current term.
If You provide such notice less than five (5) days noticed before the first day of the next term, Your credit card may still be charged.
The user is not entitled to any refund of any fees charged prior to cancellation, except in accordance with section “Money Back Guarantee” below.
One Month Lingo has the right to cancel Premium Accounts at any time without giving reasons with the termination taking effect at the end of the respective term.
Money-back Guarantee
Customers who purchase products or services which include a “30-Day Money Back Guarantee” or “30-Day Satisfaction Guarantee” are entitled to a full refund upon request, provided that such request is received by us within 30 days of the initial purchase. For purposes of this paragraph, the date of initial purchase refers to the date upon which the customer first submitted their credit card or other payment details.
User content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to One Month Lingo a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to One Month Lingo the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or One Month Lingo or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
One Month Lingo reserves the right to edit or remove any material submitted to this website, or stored on One Month Lingo’s servers, or hosted or published upon this website.
Notwithstanding One Month Lingo’s rights under these terms and conditions in relation to user content, One Month Lingo does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
Operation of the Services
One Month Lingo reserves complete and sole discretion with respect to the operation of the Services. One Month Lingo may, among other things: (A) make available to third parties information relating to the Services and their users, subject to the Privacy Policy; and (B) withdraw, suspend or discontinue any functionality or feature of the Services. You acknowledge and agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which One Month Lingo may undertake from time to time; or (iii) causes beyond the control of One Month Lingo or which are not reasonably foreseeable by One Month Lingo.
No warranties
This website is provided “as is” without any representations or warranties, express or implied. One Month Lingo makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, One Month Lingo does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
- Nothing on this website constitutes, or is meant to constitute, advice of any kind.
Limitations of liability
One Month Lingo will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if One Month Lingo has been expressly advised of the potential loss.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit One Month Lingo’s liability in respect of any:
- death or personal injury caused by One Month Lingo’s negligence;
- fraud or fraudulent misrepresentation on the part of One Month Lingo; or
- matter which it would be illegal or unlawful for One Month Lingo to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
Other parties
You agree that the limitations of warranties and liability set out in this website disclaimer will protect One Month Lingo’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as One Month Lingo.
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Indemnity
You hereby indemnify One Month Lingo and undertake to keep One Month Lingo indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by One Month Lingo to a third party in settlement of a claim or dispute on the advice of One Month Lingo’s legal advisers) incurred or suffered by One Month Lingo arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to One Month Lingo’s other rights under these terms and conditions, if you breach these terms and conditions in any way, One Month Lingo may take such action as One Month Lingo deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Variation
One Month Lingo may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
One Month Lingo may transfer, sub-contract or otherwise deal with One Month Lingo’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire agreement
These terms and conditions constitute the entire agreement between you and One Month Lingo in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the law of the State of California, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Alameda County, California.
Credit This terms and conditions document was created, in part, using a template available at http://www.freenetlaw.com.