TERMS AND CONDITIONS
The following terms (“Terms of Service”) constitute an agreement between OneDueTres Languages LLC (“Company”), and you that governs your use of this website and all of its associated services, products, content, and functionality, including the Courses as defined herein. This policy applies to the Courses and the website administered by Company (the “Website”), located at https://www.oneduetreslanguages.com/. Company, owner and operator of the Website, is a limited liability company formed under the laws of the state of Virginia, United States.
Your use of the Website or Courses constitutes your acceptance of, and agreement to, the following Terms of Service. Company reserves the right to modify, alter, amend or update its Website, policies and these Terms of Service. These Terms of Service are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Service, you must not use the Website or Courses.
Access to certain areas of the Website may be restricted. Company reserves the right to restrict areas of the Website at its sole discretion. On the Website, you may purchase language courses at various levels in English, Spanish, or Italian (the “Courses”).
In order to access the Courses and certain areas of the Website, you must register to become a member by creating a user account (“User Account”) and making payment of the relevant registration fee specified on the application page of the Website
You agree not to create more than one User Account without our express, written permission.
You agree not to create a User Account for any person or entity that is not you or that is not owned or controlled by you, without our express, written permission.
You agree not to create a User Account that uses the trademark of another or that is offensive, vulgar or obscene.
You will not seek to pass yourself off as another user or person.
You agree not to do anything which would assist a third party who is not a registered user to gain access to your User Account, any restricted area of the Website, or the Courses or to share Confidential Information (defined below) or Course Materials associated with any Courses offered by Company.
You agree that you are responsible for maintaining the protection and confidentiality of your User Account information, such as account identifiers, your password and your account activities.
You will notify us immediately at email@example.com or firstname.lastname@example.org if you become aware of any unauthorized use of your password or account identifiers by others, or if your password is lost or becomes known to any other person. Company will not be liable for any loss caused by the unauthorized use of your account; however, you may be liable to Company or other third parties for any losses incurred due to such unauthorized use.
When you create a User Account with Company, you guarantee that you are 18 years of age or older and are able to consent to these Terms of Service. Violation of this section may result in the immediate termination of your User Account and access to the Courses without refund, in Company’s sole discretion.
Company may disable your username and password at its sole discretion, refuse to register a user for the Courses, remove or edit any content contributed to the Website or Courses or cancel any User Account. Company may, without notice, refuse access to its Website or Courses, in whole or part, to any person that fails to comply with these Terms of Service.
Company reserves the right to modify methods for registration and access levels of registered users from time to time.
You may register for the Courses on the Website. The Course is hosted on Thinkific and users will be able to view the content through the link provided. On the Website, you will select the language you wish to learn and your current proficiency level. Upon signing up for a Course, and making payment of the relevant fees set forth on the Website, you will be granted access to the applicable Course. The Course will include eight (8) live webinars, the date and time of which will be provided on the Website prior to registration. Each live webinar will be available at zoom.com and last approximately two and a half hours. A recording of the live webinar will be made available to you. You will have access to Course recordings indefinitely until Company ceases to offer the Course. During the Course you will gain access to various written content, audio content, video content, information, , tasks, tips, tools, and models (“Course Materials”).
As part of the Course,, you may be given access to online or in-person forums or events offered by Company, where you can post, upload, publish display or otherwise communicate code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“Your Content”).
FEES: You must pay the fee for each Course as set forth on the Website. You will be required to select a payment plan and provide Company’s third-party payment provider with information regarding your credit card or other payment instrument. You represent and warrant to Company that such information is true and that you are authorized to use the payment instrument. Other services, products and offerings may become available to you through the Website from time to time, and all fees payable in relation to those services, products and offerings will be payable in accordance with these Terms of Service. The fees payable under this Section:
- are in American dollars unless otherwise specified;
- include VAT;
- are fixed upon confirmation of your registration for the Course, subject to payment being made at the time of purchase; and
- may otherwise change, at our discretion, without notice.
You agree to pay the full price of the Course you’ve selected on the Website at the time of registering for the Course or; you agree to pay three monthly installments in accordance with the payment plan and these Terms of Service.
You agree to pay all fees payable in connection with a service, product and offering purchased through the Website at the time of purchase.
We accept payment for online purchases by Stripe and PayPal. Payments via Stripe and PayPal are subject to Stripe’s terms and conditions and PayPal’s terms and conditions respectively. We are not responsible for any interruptions, disruptions or delays in these services or facilities. If we invoice you for any part of a Course or for any amount in connection with other services, products or offerings purchased through the Website, payment will be due and payable on or before the date specified on the invoice. Where a third party agent or entity collects or debits a fee on our behalf, you affirm that the above undertakings and representations are applicable in relation to that third party.
Upon receiving your payment of the relevant fees in full, we will send you a communication confirming your successful registration to the Course you selected. Any other communication from us acknowledging your sign up or User Account is for information purposes only and does obligate Company to provide access to any Course until full payment can be confirmed. You undertake and warrant that:
- all information that you have provided for the purpose of signing up for the Course you selected is correct and not misleading;
- you are fully entitled to use the payment card or account provided to Company’s third-party payment providers; and
- you have sufficient funds in your payment card or account to cover any fees payable in accordance with this Section.
Other than as required by law, you acknowledge that we do not provide refunds for any fees paid by you, including without limitation where you have been provided with access to the Course Materials or Website, whether or not you have accessed them.
We reserve the right to suspend or terminate your access to the Website or Course you selected if you fail to pay any part of the fees.
Accounts will be charged a late fee of ten (10%) percent per year for any past due fees. All costs associated with the collection of overdue accounts, including attorney's fees and expenses and any court fees or filing fees, will be billed to you, and you hereby agree that you are responsible for such costs, fees and expenses.
Any offers, discounts or specials on goods or services provided by Company, will be provided at our absolute discretion and may be withdrawn or revoked at any time .
You acknowledge and agree that when accessing the Website or Courses, you will not, inter alia:
- access the Courses or Website in breach of any applicable laws or regulations or these Terms of Service;
- use the Courses or Website to transmit (or permit transmission of) unsolicited emails, junk mail, spam, promotional materials or any other uninvited correspondence or form of solicitation to any third parties, including other members of the Courses or Website or for any other marketing or advertising purposes;
- attempt to alter, change, modify, adapt, translate, edit or reverse engineer any element of the Courses, Website, Course Materials or any other content contained therein;
- use or incorporate the Courses, Website, Course Materials or any other content contained therein, on any other website or other media without our prior written consent or the prior written consent of the relevant third party that owns or controls the content contained therein;
- use the Courses, Website, Course Materials or any other content contained therein, in any manner that we may, in our sole discretion, consider unlawful, fraudulent, misleading, deceitful, harmful, threatening, abusive, harassing, intimidating, tortious, defamatory, discriminatory, hateful, offensive, pornographic, indecent, obscene, vulgar, inflammatory or in any other way objectionable or inappropriate;
- use the Courses, Website, Course Materials or any other content contained therein in any manner that may, damage, disable, overburden or impair the Courses or Website;
- use the Courses, Website, Course Materials or any other content contained therein in any way that we may, in our sole discretion, consider to be an infringement of any of our rights or any rights of any third parties;
- use the Courses or Website to solicit, harvest or collect any personal information, including, but not limited to usernames and passwords from any third parties by electronic or other means,; or
- use automated scripts to collect information from or otherwise interact with the Courses or Website.
When posting, publishing, sharing or otherwise communicating Your Content or other content (including but not limited to : “assignments”; “quizzes”; “tests”; “exams”; “group discussions”) in the Course, on the Website or in online communities affiliated with the Courses or Website, you will not:
- infringe Company’s rights or the rights of any third party, including in relation to copyrights, trademarks, patents, trade secrets or any other intellectual property or proprietary rights;
- use or communicate content that is unlawful, fraudulent, misleading, deceitful, harmful, threatening, abusive, harassing, intimidating, tortious, defamatory, discriminatory, hateful, offensive, pornographic, indecent, obscene, vulgar, inflammatory or in any other way objectionable or inappropriate, in Company’s sole discretion;
- share 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 including but not limited to Trojan horses, worms, keystroke loggers, rootkits and/or other harmful code or malicious software;
- pose or create a privacy or security risk to any person;
- harass, degrade, intimidate or otherwise target an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
- use or communicate information that may identify an individual without that person’s express and informed consent;
- use or communicate information that may constitute or include information about an investment proposal or a pyramid scheme, and use or communicate information about or on behalf of any other person or entity without their express, informed consent;
- use or communicate information that misrepresents your affiliation with us or any third party;
- use or communicate information that constitutes financial, legal, medical or other professional advice;
- contact other users directly without their express consent; and
- act in any way that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Website, or Course, or which may expose Company or its users to any harm or liability of any type.
You agree to comply with these “house rules” on any other platform in the One Due Tres Languages Courses Website, and you will be respectful, professional and courteous at all times during the course of your engagement with other users on the One Due Tres Languages Courses Website.
You agree that you will not share any of Your Content on the Website or in the Course that is not directly related to your assignments as indicated by the assignments’ instructions.
You are solely responsible for Your Content, including without limitation any photographs, profiles, messages, comments, notes, text, website links, quotes, music, images, videos, audio, listings, or other content that you post, transmit, communicate, upload, distribute, store, create, publish, make available or otherwise share through the Website or Courses..
By sharing Your Content, you automatically grant, and you represent and warrant that you have the right to grant, to us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license and right to use, distribute, copy, display, modify, translate, edit, exploit and commercialize Your Content for any purpose and in any media existing now or in the future..
Subject to the rights granted to us under these Terms of Service, you retain full ownership of all of Your Content and any intellectual property rights, or other proprietary rights associated with Your Content.
You acknowledge and agree that when you post, publish, share or otherwise communicate Your Content on the Website, in the Courses or on any public platform associated with the Website or Courses, all other members or persons with access to the Course or Website will be able to access, view and respond to Your Content.
You agree that you may be held legally responsible for Your Content. Company takes no responsibility and accepts no liability for Your Content or other content that may appear on or may be communicated via the Courses or Website. We reserve the right to, but have no obligation to:
- monitor use of the Courses and Website; and
- review, screen, monitor, remove, delete, edit, reformat, reject or modify Your Content on the Website or in the Courses, at our sole discretion.
You are solely responsible at your sole cost and expense for creating backup copies and replacing Your Content.
You waive all moral rights or other similar rights that you may be entitled to under the laws of any and all jurisdictions throughout the world in perpetuity in Your Content or any content contributed by you to the Courses or Website. To the extent that the foregoing waiver is not enforceable in any such jurisdiction, you unconditionally and irrevocably consent, for the benefit of Company and its nominated representatives, to any past, present and future use or omission in relation to Your Content or any content contributed by you to the Courses or Website that may otherwise infringe or breach such rights.
You agree that Company may record any Courses, including your appearance and participation therein (the “Recording”). You hereby grant to Company, its affiliates, agents, successors, licensees, and assigns (collectively with Company, the “Company Affiliates”) a perpetual, worldwide, irrevocable, royalty-free, fully paid-up right and license to the unlimited use and distribution of the Recording and derivatives thereof (alone or in connection with others and in and in connection with any media, now known or hereafter created). You agree you will have no right to approve any use of the Recording and that no third party has or shall have any right of approval over the use of the Recording or will be due any amounts from the use of the Recording.
You hereby release the Company Affiliates from any and all claims and demands that you may have now or at any time arising from this release or the use of the Recording under these Terms of Service, including but not limited to, claims for personal injury, invasion of privacy, libel, slander, right of publicity, additional payment or any other claim or cause of action, based upon or relating to the use of the Recording or the exercise of any of the rights referred to herein.
All intellectual property rights in and relating to the Course, Website, and Course Materials, including, but not limited to written content, visual or interactive elements, graphics, design, code, audio or video recordings, models, software, reports, copyrights, trademarks, logos, trade names, and other intellectual property rights throughout the world, are owned by Company.
Except as expressly set out in these Terms of Service, you do not have any rights, title or interest, including, but not limited to copyright, in or to any of the Courses, Website or Course Materials or any content or information shared by us or a third party via the Website or Courses. Nothing in connection with the Website or Courses should be construed as granting any right of use in relation to any intellectual property owned by us. We grant to you a non-commercial, non-exclusive, non-transferable, revocable and limited license to the Courses, Course Material, and Website solely for your personal and non-commercial use. Except for the foregoing limited license, no right, title or interest shall be transferred to you. Unless otherwise expressly authorized herein you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Website, Courses, Course Material, use of the foregoing, or access to the foregoing.
For the avoidance of doubt, you may not use, reproduce, modify or otherwise exploit any part of the Website, Course, or Course Materials or any content communicated by us in connection therewith to establish, develop, create, maintain or deliver, or assist in establishing, maintaining or delivering your own course, workshop, seminar or website. The trademarks, logos, and service marks displayed in connection with the Website and Courses, including OneDueTres Languages, are the registered or unregistered trademarks of Company. You may not use, reproduce, modify or otherwise exploit our trademarks, whether registered or unregistered, in connection with any product or service, without our express, written consent. You may not use the Course Materials, any content shared via the One Due Tres Languages Website, or our trademarks, logos, and service marks in any manner that may mislead or deceive the public or cause confusion amongst consumers.
If we make content available for sharing or embedding on third party sites, the following terms will apply:
- such content may not be used for commercial purposes except with our prior written consent, and content may only be shared or embedded in accordance with the functionality made available through the Website;
- no rights whatsoever in any content are granted to you by virtue of our sharing and embedding functions, and we reserve all rights in relation to the content, including the right to delete or remove or to require users to delete or remove shared or embedded content for any reason in our absolute discretion;
- notwithstanding the terms of this Section, we will not necessarily notify you of the decision to delete or remove shared or embedded content;
- you must display sufficient contact information in order to allow us to make contact or request such removal;
- if a request is made for you to remove shared or embedded content from your website, platform or application, you must comply promptly, but in any case, within one business day of the request being made; and
- we do not make any warranty, representation or guarantee as to the availability or any quality of service of embedding functionality and may disable the functionality without notice.
To the extent that we have a right to seek a legal remedy in connection with this Section or otherwise under the Terms of Service, you agree that we will have a right to injunctive relief.
THIRD PARTIES The Website or Courses may contain links to third-party websites that are not governed or controlled by Company. You represent and warrant that you have read and agree to be bound by all applicable Terms of Service and policies for any third-party website that relates to your use of the Website or Courses. Company assumes no control or liability over the content of any third-party sites. You expressly hold harmless Company from any and all liability related to your use of a third-party website.
Your engagement with third parties discovered or linked via the Website or Courses is entirely at your own risk. We do not accept any responsibility for any communications or transactions between you and such third parties.
AFFILIATE MARKETING AND FTC DISCLOSURE
From time to time, Company may engage in affiliate marketing. This means that if you use an affiliate link to make a purchase, Company will receive a commission on that purchase. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC.
From time to time, the Website or Courses may post sponsored content from an advertiser. This means that an advertiser, which may be a brand, agency, or influencer network, will contract with Company to create content featuring certain messages or product placement. Pursuant to the FTC's requirements, all such advertisements on the Website or Courses are clearly and conspicuously disclosed.
Even though compensation (cash, free product, services) is received for in exchange for this sponsored content placement, Company gives its honest opinion, findings, believes, or experiences in such content. All views expressed on the Website or Courses are those of the content creator. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider, or party in question.
REPRESENTATIONS AND WARRANTIES:
You warrant and represent that:
- you have full authority to enter into these Terms of Service;
- you are at least 18 years of age or older;
- your Content does not breach these Terms of Service;
- you have the right to use Your Content and grant us a license in relation to Your Content in accordance with these Terms of Service;
- you will not make any statement within or outside of the Website or Courses, that brings the Company, Website, Courses or our instructors, clients, affiliates, employees, contractors or assigns into public disrepute or otherwise disparages them;
- you are not otherwise involved in and have not contributed to, directly or indirectly, any conduct, activity, statements accusation or claims that are prohibited by these Terms of Services;
- to the extent that you have any rights to seek a remedy in the event of a breach of these Terms of Service by us, your sole remedy will be an action at law for damages and you will in no event have a right to injunctive relief; and
- you consider the terms and conditions of these Terms of Service to be reasonable and appropriate in light of each party’s interests.
We warrant and represent that:
- we have full authority to enter into these Terms of Service;
SUSPENSION OR TERMINATION:
The Courses and Website are provided on an "as is" and "as available" basis without any representations or warranties, expressed or implied. Company makes no representations or warranties in relation to the Website, Courses, or the information and materials provided therein.
Company makes no warranty the Website or Courses will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website or Courses. Company is not responsible to you for the loss of any content or material uploaded or transmitted through the Website or Courses.
You acknowledge and agree that the information offered by us in the Courses and Website:
- is offered for general information purposes;
- is curated by us at our entire discretion from time to time;
- does not purport to offer specialized tax, accounting, legal or therapeutic advice; and
- is not a certified course and has no affiliation with or endorsement from any accredited university, college, school, or community college.
You acknowledge that you are responsible for your own success, and you understand and agree that:
- any testimonials or statements provided by us, our directors, employees or assigns, published in the Course Materials or communicated on the Website must not to be taken as a guarantee that you will achieve the same or similar results;
- you did not sign up to any Courses in reliance on any illustration, information, testimonial or statement provided by us, our directors, employees or assigns; and
You access the Courses and Website at your own risk.
To the extent permitted by law we exclude all warranties relating to your access to and use of the Courses or Website that are not expressly set out in these Terms of Service. All Courses and Course Materials are provided as education and general information only and should not be taken or relied upon as professional advice.
We take no responsibility and accept no liability for any content that is posted on or otherwise communicated to you via the Courses and Website by any other user, member or third party. The information posted or otherwise communicated by from third parties, including other users, , including advice and opinions, is the responsibility of those third parties w and do not necessarily reflect the views of us, our directors, employees or assigns. Posts from third parties may contain information that is incorrect or dangerous.
LIMITATION OF LIABILITY AND INDEMINITY:
NOTWITHSTANDING ANYTHING IN THESE TERMS OF SERVICE AND TO THE MAXIMUM EXTENT POSSIBLE AT LAW, WE EXCLUDE ALL LIABILITY:
- WHATSOEVER IN RELATION TO YOUR USE OF ANY OF THECOURSES, THE COURSE MATERIALS, THE WEBSITE OR ANY BREACH OF THESE TERMS OF SERVICE;
- ARISING FROM ANY DEFECT, FAILURE TO CORRECT DEFECTS, CORRUPTION, ATTACK, VIRUS, TROJAN HORSE, INTERFERENCE, OMISSION, DELAY IN OPERATION OR TRANSMISSION, FAILURE OF PERFORMANCE, DELETION, HACKING OR OTHER SECURITY OR TECHNICAL INTRUSION IN CONNECTION WITH WEBSITE OR COURSES;
- WHATSOEVER IN RELATION TO YOUR RELIANCE ON THE ACCURACY, SUITABILITY, COMPLETENESS, PROFESSIONAL SOUNDNESS OR CURRENCY OF INFORMATION, PRODUCTS OR SERVICES PROVIDED BY US AND IN PARTICULAR, IN RELATION TO THE COURSE MATERIALS; AND
- ARISING FROM UNLAWFUL THIRD PARTY CONDUCT, THEFT, UNAUTHORIZED ACCESS, DESTRUCTION, ALTERATION OR UNAUTHORISED ACCESS TO YOUR CONTENT, THE USE OF CREDIT CARD OR OTHER FINANCIAL INFORMATION, FAILURE OR DELAY IN COMPLETING A TRANSACTION, OR OTHER LOSS OR DAMAGE ARISING FROM ANY TRANSACTION MADE OR ATTEMPTED IN CONNECTION WITH THE COURSES OR WEBSITE.
To the extent that our liability for breach of any implied warranty or term cannot be excluded by law, our liability will be limited, at our option, to:
- in relation to services, the re-supply of the service or the payment of the costs of having the service re-supplied; or
- in relation to goods, the replacement of the goods, supply of equivalent goods, repair of the goods, payment of the cost of having the goods replaced or payment of the cost of having the goods repaired.
In no event will we be liable to you for any indirect, incidental, special or consequential losses or damage, including, but not limited to financial loss, loss of profits, revenue, goodwill, data, opportunity of whatever nature, or the cost of procurement of substitute products or services, howsoever arising in connection with your access to or reliance upon the Course, Course Materials or Website.
Notwithstanding anything in these Terms of Service, you agree to indemnify Company and its affiliates and their officers, employees, directors and agents and hold us harmless against any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising from your use of the Courses or Website or your breach of these Terms of Service or any warranty included herein.
These Terms of Service constitute the entire agreement between you and us regarding your registration and use of the Website and Courses. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. The headings and section titles in these Terms of Service are for convenience only and have no legal or contractual effect. You may not assign, transfer or otherwise sublicense your rights under these Terms of Service. These Terms of Service shall operate to the fullest extent permissible at law. If any provision or provisions of these Terms of Service are determined to be unlawful, void or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and shall not be deemed to affect the validity or enforceability of any remaining provisions.
These Terms of Service shall be governed by and interpreted in accordance with the laws of Virginia, United States, without reference to its conflict of laws principles and the parties hereby agree and submit to the exclusive jurisdiction of the courts sitting in or nearest to Virginia Beach, Virginia.
All notices for any communications relating these Terms of Service should be sent to or email@example.com or firstname.lastname@example.org for email or OneDueTres Languages LLC, 4445 Corporation Ln, STE 445 Virginia Beach, VA 23462 for snail mail.
If you send Company an email, register to use the Website or provide your email to Company in any other way, you consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from Company satisfy any requirement for written notice.
In particular, if you have a copyright infringement notification that you wish to make us aware of, you will need to identify the materials that you believe infringe your copyright, identify the protected copyright work, identify how the protected copyright work has been or is being infringed and include your contact information.
The Website does not knowingly collect any personally identifiable information from children under the age of 16. If a parent or guardian believes that the Website has personally identifiable information of a child under the age of 16 in its database, please contact us immediately at email@example.com or firstname.lastname@example.org and we will use our best efforts to promptly remove such information from our records.
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