Terms and Conditions

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING WWW.AMERILINGUA.COM WEBSITE (THE “WEBSITE”) AND ITS SERVICES (THE “SERVICE(S)”). BY USING OR ACCESSING THE WEBSITE AND THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE PRIVACY POLICY ON THE SITE, AND ANY ADDITIONAL TERMS OR FUTURE MODIFICATIONS AS DESCRIBED HEREIN. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE THE WEBSITE AND THE SERVICES. YOU SHOULD PRINT A COPY OF THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY FOR FUTURE REFERENCE.

The Website is operated by Manhattan Academy LLC (“AmeriLingua”/“Operator“ /we”/”us”/”our”).
 

Your Account and Security
 

You must register with the Website to use the Service. When You register, You will be asked to create an account (Your "Account"). You agree to provide AmeriLingua with accurate and complete information when You create Your Account ("Account Information"). You also agree to update Your Account Information promptly should Your information change.

When You create Your Account, You will be asked to choose a username and password, you will be also asked to choose the subscription type and provide your credit or debit card information.

You will use the username and password to access the Services and any data associated with your Account or that You store with AmeriLingua (Your "Data").

We want your account to be as safe as possible. You are solely responsible for protecting the privacy and security of Your username and password, including not giving your username and password to any third party. You are responsible for any activity using Your account, whether You authorized that activity or not. If You lose Your username or password, You may not be able to access Your Account or any of Your Data.

If AmeriLingua determines that there has been a breach of Your Account security, to protect You and your Data, AmeriLingua reserves the right to suspend Your account and require You to create a new username and password. AmeriLingua is not liable for any loss or damage arising from any access to, or sharing and use of Your Account. You agree that You will immediately notify AmeriLingua at [email protected] if Your account is accessed or used without Your authorization, or if You have reason to believe that Your account, username or password has been compromised.
 

Permission to Use the Service
 

You may use the Service only if: (1) you have reached the age of majority where you live; and (2) you can form legally binding contracts under applicable law. You may not use the Service if you live in a jurisdiction where use of the Service or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Service is lawful, and you must comply with all applicable laws.
 

Privacy Policy
 

We will use your personal information in accordance with our Privacy Policy.
 

Subscription Purchase and Payments
 

All prices appearing on AmeriLingua are quoted in US dollars or Polish zlotys. Your properly completed and delivered electronic order form constitutes your offer to purchase the products or services referenced in your order. Your order will be deemed to be accepted only if and when we send an order acceptance confirmation email and you confirm it by clicking on the activation link. Your activation of the Service constitutes our acceptance of your order and forms a legally binding contract between you and the Operator.

AmeriLingua accepts payments via Visa, Mastercard, Paypal, Google Pay, and Apple Pay. Please be sure to provide correct credit card information when you process your registration and order. Incorrect information may cause a delay in processing your order. The total price of your order will be charged to your method of payment when we have sent the Acceptance Confirmation to you. When you submit your electronic order form, you agree to pay in full for all products and services purchased through the Service, and you agree that the Operator may charge your credit card or payment account for any product or service purchased. Purchases will include applicable sales tax based on where the product or service is available and the sales tax rate(s) in effect at the time your order invoices.

If you opt to use our 14-trial period to check the Service, you will be able to cancel it without any cost whatsoever within that 14-day trial period by going to the subscription section of your account and pressing the cancellation button. Subscriptions are subject to automatic billing. Subscriptions may be cancelled at any time in the subscription section of your account. Both, quarterly and annual subscriptions are subject to auto renewal. We are unable to offer refunds for the current billing period as the payment covers the full duration. If for any reason you are not completely satisfied with the product or service you have purchased, please contact us at [email protected].

The Operator reserves the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products and services advertised or made available on the Service, the prices, fees, charges and specifications of such products and services, any promotional offers and any other part of the Service without any notice or liability to you or any other person; (c) reject, correct, cancel or terminate any order, including accepted orders for any reason; and (d) limit quantities available for sale.

The Operator strives to provide current and accurate information on the Service. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. The Operator cannot guarantee that products and services on the Service will be available when ordered or thereafter. The Operator does not warrant that the Service, including, without limitation, product descriptions or photographs, is accurate or complete.

We rely on the information you provide through the Service, including Registration Data, payment information (credit card numbers and expiration dates), and transaction-related information, which must be true, accurate, current and complete. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, we or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your Registration Data and payment information.

The Service uses Braintree (a PayPal service) encryption technology to protect credit card information and payment account information from access by unauthorized third parties. However, the Operator cannot guarantee that the encryption technology will operate as intended or that a third party will not be able to access such information. BY SENDING ANY SENSITIVE INFORMATION OVER THE INTERNET IN CONNECTION WITH YOUR USE OF THE SERVICE, YOU AGREE THAT THE OPERATOR WILL NOT HAVE ANY LIABILITY IF THE APPLICABLE ENCRYPTION TECHNOLOGY FAILS TO PROTECT YOUR INFORMATION.

AmeriLingua may allow for discounts and promotions on certain items or in certain circumstances. By participating in our discount or promotions programs, you confirm your agreement and acceptance of these Terms and Condition and any additional terms and conditions applicable to such discount or promotion.
 

Objective of the Website
 

AmeriLingua allows its Users to gain access to ESL (English as a second language) teaching and learning content as well as content management within the Website.
 

Intellectual Property
 

This Website and its content are protected by copyright, author rights and/or other intellectual property rights which are the property of the Operator.

All reproductions (e.g. “framing” technique), representations, publications, insertion (e.g. “in line linking” technique) by whatever means, use and/or total or partial modification, for public or commercial use, of all or part of elements or pages of this website by a third party will be liable to constitute infringement of intellectual property rights and are not permitted without prior written and express authorization from the Operator.

We do not allow any content on the site that is protected by copyright or that is owned by another author.

If you are a copyright owner or an agent thereof, and you believe that any content hosted on our websites infringes on your copyright(s), please follow our process for submitting a takedown request to [email protected] com and include the following information:

1. A statement confirming your name, the name of the relevant organization that owns this content, and that you are a representative of this organization.
2. A statement confirming that the material is copyrighted by the organization or other complainants.
3. The URLs/link(s) to the content on the Website you wish to have removed.
 

Publicity
 

For users who have purchased the ESL School annual subscription plan, AmeriLingua allows to add your name and / or logo to our PDF materials. You can opt in by emailing the request along with your logo to [email protected] anytime. The integration process can take up to 7 business days before the PDF files are ready to be downloaded with the logo.
 

Links to Other Sites & Resources
 

While the Service may contain links to external sites or resources, the Operator is not responsible for the content of any of the linked external sites or resources. The Operator provides these links as a convenience. You agree that the Operator shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, products or services available on or through any such external sites or resources. The Service may contain the opinions, advice, statements and views of other users. Given the interactive nature of the Service, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users. Any opinions, advice, statements and views expressed or made available by third parties, including registered users and users, are those of the respective author(s) or distributor(s) and not of the Operator.
 

Maintenance, Upgrades and Bug Fixes
 

There may be time when the Website undergoes planned maintenance, bug fix, upgrade, or update. These activities may cause planned downtime, which shall not count as lack of availability, and shall not be counted against the general availability level of the Service.
 

Changes to the Service & Terms
 

AmeriLingua may permanently or temporarily stop providing, or may modify the Services, any feature included in the Services, or the availability of the Services on any particular device, at any time and without notice to You. AmeriLingua may immediately terminate any Account should a third party make an intellectual property infringement claim relating to the Services. While not obligated to do so, AmeriLingua will try to communicate any such actions to You by either sending You an e-mail or by posting relevant information to the Website. If the Services or these Terms are modified, Your continued use of the Services will constitute Your acceptance of the Service modifications and Your Agreement to be bound by the modified Terms. The current Terms will always be posted on our website. To stay informed of any changes, please review the most current version of these Terms at Fhttps://www.amerilingua.com/rules. Your license to use the Services depends upon Your Agreement to be bound by these Terms and any modification to these Terms. If You do not agree to be bound by these Terms, You may not use the Services.
 

Indemnification
 

You agree to defend, indemnify, and hold AmeriLingua, its suppliers, resellers, partners and their respective affiliates harmless from and against any claims, liabilities, damages, losses and expenses, including reasonable attorney fees and costs, in connection with:

  • Your use of the Service
  • Your violation of these Terms and Conditions
  • Your violation of any third party right, including any intellectual property rights
  • Your violation of the law of any relevant jurisdiction
  • Any claim that use of Your data caused damage to a third party

This indemnity obligation will survive the termination or expiration of Your account and these Terms.
 

Governing Law
 

These terms and the use of the Services will be governed by the Laws of Poland. All claims arising out of or relating to these terms or the services must be litigated exclusively in the federal or provincial courts of Poland, and both parties consent to venue and personal jurisdiction there.

These Terms constitute the entire and exclusive Agreement between You and the Operator with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. The Operator’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but the Operator may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

 

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