LAST UPDATED: August 25, 2015.
When you are required to open an account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify us immediately on any unauthorized use of your account, user name, or password. We shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by English Outside the Box, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
3. USE OF TEACHING MATERIAL. English Outside the Box may make certain content available to you from the Site. All content included on the Site, such as text, graphics, logos, images, audio clips, video, data, music, software, and other material provided in connection with any lesson (collectively “Teaching Material”) is owned or licensed property of English Outside the Box and is protected by copyright, trademark, patent, or other proprietary rights. The collection, arrangement, and assembly of all Teaching Material on the Site is the exclusive property of English Outside the Box and protected by U.S. and international copyright laws. English Outside the Box expressly reserves all intellectual property rights in all Teaching Material.
5. USER CONTENT. You grant English Outside the Box a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information, reviews, comments, and other communications, photos, videos, or any other content to the Site or Service, or any content or information you submit through social media and allow us to feature, and any images from your social media accounts (collectively, “User Content”), you are granting English Outside the Box, its affiliates, officers, directors, employees, consultants, agents, and representatives a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world. You will not be compensated for any User Content. Do not send us any User Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. You agree that English Outside the Box may publish or otherwise disclose your name in connection with your User Content; provided, however, English Outside the Box shall have no obligation to include such name with such User Content. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.
Third party visitors to the Site may post content that is inaccurate, misleading, or deceptive. English Outside the Box neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. English Outside the Box will not be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of English Outside the Box.
6. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
7. INAPPROPRIATE CONTENT. You agree that any User Content: (a) will be accurate; (b) will not advocate, facilitate or encourage conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; (c) will not violate any right of a third party, including copyright, trademark, privacy, or publicity rights; (d) will not cause injury to any person or entity; (e) will not advertise or otherwise solicit funds or be a solicitation for goods or services; and (f) will not contain, or provide links to, libelous, defamatory, profane, obscene, pornographic, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of “spam,” or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit. English Outside the Box assumes no liability for any User Content you submit.
8. COPYRIGHT INFRINGEMENT. English Outside the Box has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. English Outside the Box has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of English Outside the Box or of a third party, or otherwise violated any intellectual property laws or regulations. English Outside the Box’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 English Outside the Box to delete, edit, or disable the material in question, you must provide English Outside the Box 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 English Outside the Box to locate the material; (d) information reasonably sufficient to permit English Outside the Box 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 English Outside the Box’s designated agent at:
English Outside the Box
PO BOX 30002
Tucson, Arizona 85751
phone: (619) 354-9405
email: [email protected]
10. TRANSACTIONS. If you wish to purchase any product or service made available through the Site (each such purchase, a “Transaction”), English Outside the Box may ask you to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to English Outside the Box the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Descriptions are approximate and are provided for convenience only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. By placing an order, you represent that the products and services ordered will be used only in a lawful manner. English Outside the Box reserves the right, with or without prior notice, to do any one or more of the following: (a) limit the available quantity of or discontinue any product or service; (b) impose conditions on the honoring of any coupon or promotion; (c) bar any user from making or completing any or all Transaction(s); and (d) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. You remain responsible for any taxes that may be applicable to your Transactions. English Outside the Box or our agents may call or text by telephone regarding your account or your Transactions. You agree that we may make such calls or texts to a mobile telephone or other similar device.
11. LESSONS. All payments must be completed prior to lesson start time. Only PayPal can be used to purchase lessons through the Site. By purchasing English Outside the Box lessons, you accept all of these terms, conditions, limitations and requirements. Your purchase of lessons is personal to you, and you may not assign or transfer your lessons, or any of their benefits, to any third party without English Outside the Box’s authorization. If any problems arise with your English Outside the Box account or payment method connected with your lessons that English Outside the Box is unable to resolve, we will notify you through the email address associated with your account and your order will be canceled. No additional lessons will be conducted until the problem has been resolved.
14. NO WARRANTIES. ENGLISH OUTSIDE THE BOX HEREBY DISCLAIMS ALL WARRANTIES. ENGLISH OUTSIDE THE BOX IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENGLISH OUTSIDE THE BOX EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. ENGLISH OUTSIDE THE BOX DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
15. LIMITED LIABILITY. ENGLISH OUTSIDE THE BOX’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ENGLISH OUTSIDE THE BOX BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY ENGLISH OUTSIDE THE BOX. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
17. PROHIBITED USES. English Outside the Box imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by English Outside the Box in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
19. COPYRIGHT. All contents of Site or Service are: Copyright © 2015 English Outside The Box, Tucson, Arizona. All rights reserved.
22. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by English Outside the Box or by any third party.
23. ARIZONA USE ONLY. The Site is controlled and operated by English Outside the Box from its offices in the State of Arizona. English Outside the Box makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as English Outside the Box’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than Arizona.
24. NOTICE FOR CALIFORNIA RESIDENTS. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email [email protected] You may also contact us by writing to Jennifer Nascimento, English Outside the Box, PO BOX 30002 Tucson, AZ 85751, or by calling us at (619) 354-9405. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.