TERMS AND CONDITIONS

This agreement (the “Agreement”) represents the entire contract between you and E-Lingo with respect to the site, “E-Lingo.me” (the “Site”) and, if applicable, the fee-based services (“Services”) therein.

1. Definitions:

“Account”: Private access set up by a Member to the Site upon registration that is uniquely identified with the Member and accessed by a username and password.

“Member”: User registered with E-Lingo and actively engaged in a paid Service.

“Service”: The Self-Study Programs, Group Live Sessions and Execute One-On-One Sessions offered through E-Lingo.me

“Member”: User registered with E-Lingo and actively engaged in a paid Service.

“Visitor”: Any browsing of the E-Lingo.me website without being a “Member”.

2. Acceptance of the Terms:

Your access to and use of the tools, features and functionality of the Services is conditioned on your acceptance of this Agreement and compliance with these Terms and Conditions (“Terms”). These Terms apply to all Visitors, Members, and any others who access or use the Services.

By accessing or using the Services you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Site or utilize the Services.

If you wish to become a Member, communicate with other Members and/or make use of the Services, you must read this Agreement and indicate your acceptance during the registration process.

Before you continue, you should print or save a local copy of this Agreement for your records.

3. Modification of Terms:

E-Lingo has the right, at its sole discretion, to modify this Agreement and any policies affecting or pertaining to the Site or replacing these Terms at any time. Your continued use of the Site following notice of the Agreement modification will be considered an acceptance of the modified terms and conditions of use. Your recourse upon dissatisfaction with the modified terms of use is to cancel your registration. Furthermore, E-Lingo reserves the right to modify, suspend or discontinue the Site at any time.

4. Provision of the Services:

In providing the Services, we do not actively monitor the display, transmission and exchange of material that is accessible by means of the Services, nor do we maintain any obligation to do so except as otherwise determined by us or required by the laws of applicable jurisdictions. However, subject to the terms of our Privacy and Security Policy, we reserve the right to monitor the Services for purposes of determining that their usage is in compliance with these Terms and applicable laws. In addition, and as described elsewhere in these Terms, we maintain an absolute and unconditional right to review and remove materials accessible by or transmitted through the Services that, in our sole discretion, we believe is in violation of the law or these Terms or is unacceptable to us in our sole discretion.

Your access to and use of the Site and our Services may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of E-Lingo. E-Lingo reserves the right to suspend or discontinue the availability of the Site and/or any Service at any time at its sole discretion and without prior notice. E-Lingo may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability. Any modification or elimination of the Services will be done in our sole and absolute discretion and without an ongoing obligation or liability to you, and your use of the Site and Services do not entitle you to the continued provision or availability of the Site and Services. The Site should not be used or relied upon for storage of your content and you are directed to retain your own copies of all content posted on the Site.

5. Your rights:

E-Lingo and E-Lingo.me offer you a non-transferable, non-exclusive, limited right to access, use and display the content of this Site, provided that you comply with this Agreement and the Terms as set out in full. The materials of this Site are provided to you only for your private, non-commercial use. Certain services of this Site are available only to registered Members of E-Lingo.me and E-Lingo.

By electing to register, purchase and engage in the Services for a trial of E-Lingo.me, you agree to be bound by the Terms of this Agreement including the Privacy and Security Policy as set out below.

6. Use of the Service:

Your right to access and use E-Lingo.me and the Services is personal to you and is non- transferable by you to any other person or entity. You are only entitled to access and use E-Lingo.me for lawful purposes.

You are responsible for maintaining the secrecy of your E-Lingo.me account (the “Account”), username and password. You agree to notify E-Lingo and E-Lingo.me of any unauthorized use of your E-Lingo.me account. In order for the Site and Services to function effectively, you must also keep your registration information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Services to you will be affected.

In our sole and absolute discretion, we may terminate your registration and cancel your Account, or modify, reclaim or remove any username associated with your Account, for any reason (including for reasons related to unlawful or unauthorized usage) and we are under no obligation to retain a record of your Account or any data or information that you may have stored by means of the Account and/or the Services.

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by E-Lingo and E-Lingo.me. By way of example, and not as a limitation, you agree not to use the Services:

1. To abuse, harass, threaten, impersonate or intimidate any person;

1. To post or transmit, or cause to be posted or transmitted, any visual content or communications that are libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;

1. For any purpose (including posting or viewing visual content) that is not permitted under the laws of the jurisdiction where you use the Services;
2. To post or transmit, or cause to be posted or transmitted, any communication designed or intended to obtain password, account, or private information from any E-Lingo.me user;
3. To create or transmit unwanted ‘spam’ to any person or any URL;
4. To post copyrighted visual content or other communications that do not belong to you or, with the exception of commenting on visual content in Blogs, where you may post such content with explicit mention of the author’s name and a link to the source of the content;
5. To post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of E-Lingo.me or the Services;
6. To attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of E-Lingo.me or the Services;
7. You agree not to use any robot, spider, scraper deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Site or any portion of the Site, for any purpose without E-Lingo’s express written permission, which may be withheld in E-Lingo’s sole discretion; use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars). Additionally, you agree that you will not: (k) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;

You agree not to advertise to, or solicit, any user to buy or sell any products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent, to promote or sell visual content of another person, or to sell or otherwise transfer your profile;

You are solely responsible for your interactions with other Users of the Site. E-Lingo and E-Lingo.me reserve the right, but have no obligation, to monitor disputes between you and other users.

Your access and use of E-Lingo.me may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of E-Lingo.me or other actions that E-Lingo, in its sole discretion, may elect to take. E-Lingo is not responsible for any loss resulting from your use any of E-Lingo’s services, software, materials, audio or video files, content, or communications.

6. Intellectual Property Rights:

All materials of E-Lingo and E-Lingo.me, including content, text, images, software, audio and video files, documentation, and the Site remain at all times the sole property of E-Lingo or its suppliers. Such aforementioned materials are protected under international copyright, trademark and other intellectual property laws. E-Lingo reserves all of its rights in E-Lingo and E-Lingo.me content. Nothing in the Terms grants you a right or license to use any trade mark, design right or copyright owned or controlled by E-Lingo or any other third party except as expressly provided in the Terms.

You may not post, distribute, sublicense, translate or reproduce in any way any copyrighted materials, trademarks or other proprietary information without the prior express written consent of E-Lingo.

7. Privacy and Security Policy:

Your personal profile

When we ask information of you, our primary interest is to provide you with more personalize service. We respect your privacy and do not sell, rent or trade your name or personal details to other organizations except as outlined in this policy.

By providing your personal information, you understand and consent to E-Lingo and E-Lingo.me using your comments. This information is displayed as part of your public profile in our community and can be seen by others. You do not have the option to opt-out from the use of your information; therefore, please take this into consideration. From time to time we may use some of our customer information in our marketing materials. However, we will never do this without contacting you first and receiving your prior written and explicit consent.

Security measures

The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during the transmission and once we receive it. When you enter sensitive information (such as a credit card number), we encrypt the transmission of that information using secure socket layer technology (SSL).

If you ever discover a fraudulent charge from E-Lingo or E-Lingo.me on your billing statement, please Contact Us and you must report it immediately to your credit card provider, in accordance with their standard procedures.

This Site may make use of forums, bulletin boards and chat rooms. Please remember that any information you disclose in these areas becomes public. You should always be cautious about the amount of personal information you give to anyone in this context.

We also insist on password verification at sign-in to protect against unauthorized access to your personal profile and course history. If you leave the computer unattended without logging out of the Site, we log you out automatically after some time has passed.

Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

Despite these security procedures and practices, as is the case with all computer networks connected to the Internet, E-Lingo cannot guarantee the security of your personal information or any other information provided over the Internet and will not be responsible for breaches of security.

No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security.

Communications from the Site

In order to communicate with you, we would, of course, need to know your email address. As an E-Lingo.me Member, you will be added to our mailing list to receive occasional emails about service updates, special offers, and promotions from E-Lingo and other companies within the E-Lingo group of companies.

You have the ability to unsubscribe from these emails at any time, by simply clicking on the unsubscribe link included at the bottom of each email we send.

We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email.

Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, please Contact Us.

Protection of children’s information

We are committed to protecting the privacy of children. This and all of our websites are general audience sites and not designed or intended to attract children. We do not knowingly collect or solicit personal information from any person we actually know is under the age of 18 without the knowledge and consent of a parent or guardian, nor do we send them requests for personal information, unless we first receive acknowledgement that registration into a program is permitted.

Membership and registration for a subscription

E-Lingo and E-Lingo.me offer English courses online at competitive prices. You may enjoy a free trial lesson, or to take one of the courses or become a user of our Services; you need to become a Member of E-Lingo. During registration we collect information such as your name and email address. We also ask for demographic information (such as age and gender) in order for you to create a profile. You may also be asked to supply us with credit card information, so that you can pay for the services you request. This information is encrypted on a secure server. As a member, you will be added to our mailing list to receive occasional emails about service information, special offers, and promotions from E-Lingo and other companies within the E-Lingo group of companies.

Access to personal information

If your personally identifiable information changes, or if you no longer desire our service, you may correct, amend or delete your personal information by making the change on your Account page or by Contacting Us by telephone or postal mail at the contact information listed below. We will respond to your request to access your personal information within 30 days.

We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Changing or removing profile information

Editing your profile. You may change your profile at any time by updating your information on your Account page and your changes will be updated immediately.

Removal of an unauthorized profile. If you wish to request the removal of an unauthorized profile, you may do so by contacting our Customer Service team.

Who we share your information with

 We share your personal information with other companies within the E-Lingo group of companies so that these companies can market their products or services to you. The only information we share with other companies within the E-Lingo group of companies is your name, age group, email address, and country. If you do not want us to share your personal information with these companies, please Contact Us.

We may provide your personal information to companies that provide services to help us with our business activities such as processing your payment or offering customer service. These companies are authorized to use your personal information only as necessary to provide these services to us.

We may also disclose your personal information as required by law, such as to comply with a subpoena, or similar legal process when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request. If E-Lingo is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information, to any other third party with your prior consent to do so.

Cookies

“Cookies”

“Cookies” are small pieces of information that we store on your computer’s browser or hard drive. We and our partners use cookies to remember personal information when you visit our website. For example, if you choose the view our site in French we will store that information in your cookie so we can show you our site in French the next time you visit. We also use them to store your login ID to make it easier for you to login to our site. Most browsers allow you the option of preventing cookies from being stored on your computer, though doing so will cause you to lose many of the benefits of E-Lingo and E-Lingo.me.

We use both session ID cookies and persistent cookies. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time.

We use the service of a third-party tracing utility company to track the behavior of visitors to our site. However, we do not have access to or control over their cookies. The information we collect through our third-party tracking utility company is completely anonymous and is used to improve our services and marketing efforts.

As is true of most websites, we gather some information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring and exit pages, operating system, date/time stamp, and clickstream data. We use this information to understand and analyze trends, to administer the site, to learn about user behavior on the site, and to gather demographic information about our user base as a whole.

Web beacons

 We employ a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), that help us better manage content on our site by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. We do not tie the information gathered by clear gifs to our customers’ personally identifiable information.

We use clear gifs in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns.

In some of our email messages, we use a “click-through URL” linked to content on the E-Lingo.me website. When customers click one of these URLs, they pass through a separate web server before arriving at the destination page on our website. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked in this way, you should not click text or graphic links in the email messages.

Quizzes and contests

We may provide you the opportunity to participate in quizzes or contests on our Site. If you participate, we will request certain personally identifiable information from you. Participation in these quizzes and contests is completely voluntary and you therefore have a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and email address), and demographic information (such as zip code).

We may use this information to personalize our communications to you and to suggest more relevant products and services.

Links to other websites

This site contains links to other sites. Please be aware that E-Lingo is not responsible for the privacy practices of other such sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any website that collects personally identifiable information. This privacy statement applies only to information collected by the E-Lingo.me website.

Testimonials

We post customer testimonials on our website which may contain personally identifiable information. We do obtain the customer’s consent via email prior to posting the testimonial to post their name along with their testimonial. If you wish to request to have your testimonial removed, you must Contact Us.

Refer a Friend

If you decide to refer a friend to our Site as part of E-Lingo.me contests or other promotions, we ask you for the friend’s email address and give you the option of sending them a personal message. E-Lingo will then send a one-time, automatically generated email message inviting your friend to visit our site. E-Lingo stores the email address in your personal file solely for the purpose of crediting you if your friend becomes a member. Your friend may contact us to request that we move this information from our database.

We also utilize an import contacts feature to help you keep in touch with your contacts and other members. We make it easy for you to invite people from your email address books to join you on our Site. At your request we will search your email address book to help you import your contacts to our site. When we do this, we do not store any of your contacts’ information on our servers. We may send an email on your behalf to your contacts, but we do not keep their email address or any other information until they register for our site themselves.

The E-Lingo privacy policy is subject to change. If we decide to change the way we collect, use or share information, we will take commercially reasonable steps to notify members by way of an email that explains the changes and gives them the choice as to whether or not we may use their information in the new manner. If you have any questions about this policy statement or about any of E-Lingo other policies and practices, please contact us here or at E-Lingo.

8. Fees and payments:

You will be required to register and create an account with E-lingo.me and E-lingo in order to access certain features of the Site and Services. Information gathered through the registration process and information related to your account will be subject to these Terms as well as to our “Privacy and Security Policy”. You represent and warrant that you will not create an Account for anyone other than yourself without permission, that all information provided by you when creating an Account is true, accurate and complete, and that you will maintain, at all times, true, accurate and complete information related to your Account.

Certain materials and functionalities of E-lingo.me are available only through the purchase of a Service through E-lingo.me. Pursuant to this Agreement you are responsible for any charges associated with connecting to the Site. E-lingo reserves the right to change the program and course fees in effect or institute new fees at any time, upon reasonable notice posted on the Site and emailed to current registrants.

By purchasing a Service from E-Lingo, you agree to be bound to the following terms:

Billing Policies:

E-lingo fees are exclusive of any applicable VAT or taxes, interest or installment fees charged by the credit card company, or other fees associated with connecting to the Internet.

E-lingo guarantees that every credit card transaction you make at E-lingo is 100% secure. If at any time you wish to check on the status of the programs purchased, please login and visit your Account page.

You can always find current program prices posted on the E-Lingo.me website.

There are no refunds for any programs.

If you have paid for a Self-Study program, these sessions may be accessed on your own schedule at any time.

If you have paid for a Group Live Session program, these classes are pre-scheduled and

if for any reason you are unable to participate in a class, you will receive a recorded session for the class missed.

If you have paid for an Executive One-on-One program, any re-scheduling of a class must be done 48 hours in advance or be forfeited. Please Contact Us to assist you in re-scheduling your class if necessary.

Cancellations can be made at any time. Please allow 24 – 48 hours for a cancellation to take effect and the account terminated. Please consider cancellation carefully as there are no refunds offered for classes not taken.

1. Free Trial

A free trial of one class is available only to first-time users. We cannot offer a free trial unless you sign up with a credit card, but you can still try us risk-free.

To activate your free trial, you must provide us with valid billing information for use after your trial period. As soon as we receive your order for a free class, you will receive a code that will permit immediate access to the school.

We cannot offer a free trial if you choose not to pay with a credit card.

1. Credit Card payments

All payments are processed by credit card.

9. Indemnification:

You agree to indemnify, defend and hold harmless E-lingo and E-lingo.me and its affiliates, partners, suppliers, and employees from any and all liability, claims, costs, or damages arising from your use of the Site or Service or your breach of this Agreement and any of the Terms set out herein.

10. Miscellaneous:

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

You agree that if E-lingo does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which E-Lingo has the benefit of under any applicable law), this will not be taken to be a formal waiver of E-Lingo’s rights and that those rights or remedies will still be available to E-Lingo.

All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.

This Agreement represents the entire understanding and agreement between you and E-Lingo regarding the subject matter of the same and supersedes all other previous agreements.

If you have any questions about this policy statement, or about any of E-Lingo’s other policies and practices, please contact our customer support.

E-Lingo.me and related services are, if not otherwise specifically mentioned, supplied by:

E-Lingo

122-A E. Foothill Blvd., #151

Arcadia, CA 91106

Email: [email protected]