Last Updated: July, 2013
This Website and its services are for consumer educational use only. Nothing contained in this Website is or should be considered, or used as a substitute for medical advice, diagnosis, or treatment. We advise users to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions.
1. ELIGIBILITY In order to use the Website, you must be the age of majority in your jurisdiction and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms. You represent and warrant that you meet the eligibility requirements in this Section. If you are using or opening an account on the Website on behalf of a company, entity, or organization (collectively “Subscribing Organization”), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms, and agree to be bound by these Terms on behalf of such Subscribing Organization. Subject to your payment of any applicable fees as set forth by The Language Express, we will provide you with access to the applicable Paid For Service(s) in accordance with these Terms.
2. MODIFICATIONS TO TERMS The Language Express may, in its sole discretion, modify or revise any part of the Terms at any time and without notice, and by your continued use of the Website, you agree to be bound by such modifications or revisions. You are advised to periodically review the most up-to-date version of the Terms by going to http://thesocialexpress.com.
3. MODIFICATIONS TO SERVICE We reserve the right to change the URL, modify or discontinue, and restrict or block access to, the Website without notice to you.
4. USE OF THE WEBSITE – PERMISSIONS AND RESTRICTIONS A. Website Access. The Language Express grants you permission to use the Website as set forth in these Terms, provided that and for so long as (i) except as otherwise agreed to by The Language Express, you use the Website solely for your personal, private, noncommercial use; (ii) except as expressly permitted in these Terms, you do not download, reproduce, redistribute, retransmit, publish, resell, distribute, publicly display or otherwise exploit any portion of the Website in any medium without The Language Express’s prior written authorization; (iii) you do not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purposes; (iv) you do not engage in any of the prohibited uses described below; and (v) you otherwise fully comply with these Terms. The Language Expressgrants you a personal, limited, non-exclusive, non-proprietary, non-transferable, revocable license to access and use this website for your personal entertainment and education subject to these Terms. Except as expressly granted in these Terms, The Language Expressdoes not grant you any license or right, either expressly, implicitly, by estoppels, conduct of the parties, or otherwise. You will be responsible for maintaining the confidentiality of any applicable passwords assigned to you. You will immediately notify us if you become aware that a password is lost, stolen, disclosed to an unauthorized third party, or otherwise compromised. You will be responsible for any and all activities made under your account, including without limitation any fees incurred under your account. Your account is for your personal use only. You should keep your account information confidential. The Language Expressis unable to restore or reset accounts. You agree not to use another user's user name and/or password to access the Website.
B. Ownership; Proprietary Rights. As between the Parties, the Website, including the content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Website that are provided by The Language Express (“The Language Express Materials”) are owned and operated by The Language Express and/or its suppliers. The Language Express Materials do not include User Submissions (as defined below). Except as expressly authorized by The Language Express, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Website or The Language Express Materials. The Language Express reserves all rights not expressly granted in these Terms. You shall not acquire any right, title, or interest to The Language Express Materials, except for the limited rights set forth in these Terms. You agree that The Language Express shall have a royalty-free, worldwide, transferable, sublicenseable, irrevocable, perpetual license to use or incorporate into any of our products or services any suggestions, enhancement requests, recommendations or other feedback provided by you relating to the Website. Unless otherwise indicated, trademarks that appear on this Website are trademarks of The Language Express or its affiliates. All other trademarks not owned by The Language Express or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by The Language Express Inc., or its affiliates.
5. PROHIBITED CONDUCT A. Prohibited Conduct. As a condition of your use of the Website, you hereby represent and warrant that you will not use the Website for any purpose that is unlawful or prohibited (including without limitation, the prohibitions in this Section) by these Terms.
i. You agree not to access or use the Website in any way that is not in compliance with any applicable local, state, national or international law (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms.
ii. You agree not to access, tamper with, or use services or areas of the Website that you are not authorized to access, including attempting to gain unauthorized access to the Website, or any part of it, other accounts, computer systems or networks connected to the Website, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Website or any activities conducted through the Website.
iii. You agree not to alter information on or obtained from the Website.
iv. You agree not to tamper with The Language Express Materials.
v. You agree not to use any robot, spider, scraper or other automated means or interface not provided by us to access the Website without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.
vi. You agree not to frame any part of the Website, or link to the Website, or otherwise make it look like you have a relationship to us or that we have endorsed you or your content for any purpose without express written permission from The Language Express.
vii. You agree not to impersonate or misrepresent your affiliation with any person or entity.
viii. You agree not to reverse engineer any licensed software, application, tools or any other aspect of the Website or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Website, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
ix. You agree not to send to or otherwise impact the Website (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, “spyware,” “adware” or other code that could adversely impact the Website or any recipient.
x. You agree not to take any action which might impose a significant burden (as determined by us) on the Website’s infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Website.
xi. Any use by you of any of The Language Express Materials and Website other than for private, non-commercial use is strictly prohibited. You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute, or exploit, any portion of the Website, use of the Website, access to the Website, or outside content obtained through the Website, for any purpose other than for your personal, private, non-commercial purposes.
xii. You agree not to use the Website if you do not meet the eligibility requirements described in Section 1 above.
xiii. You agree not to remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Website, features that prevent or restrict the use or copying of any part of the Website, or features that enforce limitations on the use of the Website.
xiv. You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website. You agree neither to modify the Website in any manner or form, nor to use modified versions of the Website, including (without limitation) for the purpose of obtaining unauthorized access to the Website.
xv. You agree not to make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Website. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
xvi. You agree not to modify, adapt, translate, or create derivative works based upon the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
xvii. User shall not upload, post or otherwise make available on the Website any material protected by copyright, trademark, or other proprietary right, without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any material is not protected by copyright rests with user. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the Website, user automatically grants, or warrants that the owner of such material has expressly granted The Language Express the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other user to access, view, store or reproduce the material for that user's personal use. User hereby grants The Language Express the royalty-free, perpetual, irrevocable, non-exclusive right and license to edit, copy, publish and distribute any material made available on the Website by user.
7. TERMINATION OR CANCELLATION A. Our Right to Terminate. We may, at any time, in our sole discretion and for any or no reason and without notice to you, terminate your access to the Website, and your account, or block your access to the Website. You agree that your access to the Website or any account you may have or portion thereof may be terminated without prior notice, and you agree that The Language Express shall not be liable to you or any third party for any such termination. These remedies are in addition to any other remedies The Language Express may have at law or in equity.
B. Notice of Termination. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Website or by sending a communication to any address (email or otherwise) that we have for you in our records.
C. Ending Your Subscription. You may cancel your subscription to a Paid For Service at any time by contacting our Customer Services team at firstname.lastname@example.orgOr alternatively, call 877-360-0155.
If you decide to end your subscription for a Paid For Service, you will not be refunded for any remaining days left in your subscription. For example if your billing cycle is the 15th of the month and you cancel on the 20th, you will have access to your account up to the 15th of the next month.
Any cancellation of your subscription will be effective once The Language Express receives notice of it.
Your Right to Terminate. If you are dissatisfied with the Website, please let us know at email@example.com. Your input is valuable to us. Your only remedy with respect to any dissatisfaction with (i) the Website, (ii) any term of these Terms, (iii) any policy or practice of The Language Express in operating the Website, or (iv) any content or information transmitted through the Website, is to discontinue your use of any and all parts of the Website.
8. YOUR USE OF THE WEBSITE AND THIRD PARTIES A. Links and Third Party Websites. The Language Express or third parties may provide links on the Website to other sites including the content therein (“Reference Websites”). The Language Express has no control over such Reference Websites or content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability, or reliability of Reference Websites or content linked to by the Website. The Language Express provides links to you only as a convenience, and the inclusion of any link on the Website does not imply our affiliation, endorsement, or adoption of the linked site or any information therein. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON REFERENCE SITES OR AVAILABLE THROUGH REFERENCE SITES, IS SOLELY AT YOUR OWN RISK. Our terms and policies do not govern your use of any site other than the Website. You should review applicable terms and policies, including the privacy and data gathering practices, of any Reference Websites.
B. Dealings with Advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website are solely between you and such advertiser. YOU AGREE THAT THE LANGUAGE EXPRESS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE LANGUAGE EXPRESS WEBSITE.
9. INDEMNIFICATION YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE LANGUAGE EXPRESS, AND ITS PARENT, SUBSIDIARIES, AFFILIATES OR ANY RELATED ORGANIZATIONS (INCLUDING THOSE WHICH SHARE SUBSTANTIALLY COMMON OWNERSHIP), AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF ANY OF THEM (COLLECTIVELY, “INDEMNIFIED PERSONS”) FROM ANY AND ALL CLAIMS, LOSSES, OBLIGATIONS, DAMAGES, LIABILITIES, COSTS, DEBT, AND EXPENSES (INCLUDING ATTORNEY’S FEES) ARISING OUT OF YOUR USE OR MISUSE OF THE LANGUAGE EXPRESS WEBSITE OR YOUR VIOLATION OF THESE TERMS. THE LANGUAGE EXPRESS RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS. YOU AGREE NOT TO SETTLE ANY MATTER WITHOUT THE PRIOR WRITTEN CONSENT OF THE LANGUAGE EXPRESS. THE LANGUAGE EXPRESS WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING UPON BECOMING AWARE OF IT.
10. DISCLAIMER AND WARRANTIES A. Acknowledgement. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION, THE TERM THE LANGUAGE EXPRESS INCLUDES THE INDEMNIFIED PERSONS AS DEFINED IN SECTION 9.
B. This Website Does not Provide Medical Advice. THE WEBSITE IS FOR CONSUMER EDUCATIONAL USE ONLY. NOTHING CONTAINED IN THIS WEBSITE OR THE SERVICE IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. THIS WEBSITE AND THE SERVICES DO NOT CONSTITUTE THE PRACTICE OF ANY MEDICAL, NURSING OR OTHER PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS OR TREATMENT.
C. You Accept this Website “As-Is”. THE LANGUAGE EXPRESS WEBSITE, AND ANY OTHER THIRD-PARTY MEDIA, CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE LANGUAGE EXPRESS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THIS WEBSITE IS INTENDED FOR GENERAL CONSUMER UNDERSTANDING AND EDUCATION. ANY ACCESS TO THIS WEBSITE IS VOLUNTARY AND AT THE SOLE RISK OF THE USER. PRICE INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION, OPINIONS AND OTHER MATERIAL ON THE SITE OR ANY SITES WITH WHICH IT IS LINKED. THE SITE LINKS TO OR REFERENCES SITES AND INFORMATION LOCATED WORLDWIDE THROUGHOUT THE INTERNET. BECAUSE THE LANGUAGE EXPRESS HAS NO CONTROL OVER SUCH SITES AND INFORMATION, THE LANGUAGE EXPRESS MAKES NO GUARANTEE AS TO SUCH SITES AND INFORMATION, INCLUDING THE ACCURACY, CURRENCY, CONTENT OR QUALITY OF ANY SUCH SITES AND INFORMATION AND THE LANGUAGE EXPRESS ASSUMES NO RESPONSIBILITY AS TO WHETHER A LINK OR REFERENCE LOCATES UNINTENDED OR OBJECTIONABLE CONTENT. FURTHERMORE, BECAUSE SOME CONTENT ON THE INTERNET CONSISTS OF MATERIAL THAT IS ADULT-ORIENTED OR OTHERWISE OBJECTIONABLE TO SOME PEOPLE, THE RESULTS OF A LINK OR REFERENCE ON THE SITE MAY UNINTENTIONALLY GENERATE LINKS OR REFERENCES TO OBJECTIONABLE MATERIAL. THE LANGUAGE EXPRESS MAKES NO CLAIM THAT SUCH SURPRISES WILL NOT OCCUR.
D. No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE LANGUAGE EXPRESS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE LANGUAGE EXPRESS OR THROUGH THE LANGUAGE EXPRESS WEBSITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
E. Loss of Data. WE CANNOT AND DO NOT GUARANTEE OR WARRANT AGAINST ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING LOSS OF DATA. USERS OF THE WEBSITE ARE RESPONSIBLE FOR MAINTAINING A MEANS EXTERNAL TO THE LANGUAGE EXPRESS FOR THE RECONSTRUCTION OF ANY LOST DATA. WE URGE YOU TO KEEP BACKUP COPIES OF YOUR PERSONAL CONTENT OR USER SUBMISSIONS, IF ANY, THAT YOU MAINTAIN ON OR USE WITH THE WEBSITE. IF YOUR USE OF THE WEBSITE RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES.
F. Website Operation and Outside Content. THE LANGUAGE EXPRESS DOES NOT WARRANT THAT THE LANGUAGE EXPRESS MATERIALS, THE LANGUAGE EXPRESS WEBSITE, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE LANGUAGE EXPRESS WEBSITE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
G. Accuracy. THE LANGUAGE EXPRESS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE LANGUAGE EXPRESS WEBSITE OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
H. Harm to your Computer. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE LANGUAGE EXPRESS WEBSITE OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
11. EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY A. Limitation of Liability. THE LANGUAGE EXPRESS ASSUMES NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON OUR WEBSITE, THE SERVICES OR OTHER CONTENT. YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THEIR USE, INCLUDING ANY RELIANCE ON THEIR ACCURACY, COMPLETENESS OR USEFULNESS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE LANGUAGE EXPRESS OR ITS AFFILIATES, OFFICERS, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, STATUTORY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY, EVEN IF THE LANGUAGE EXPRESS OR A THE LANGUAGE EXPRESS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
B. Limitation of Damages. IN NO EVENT SHALL THE LANGUAGE EXPRESS OR ITS AFFILIATES, OFFICERS, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE LANGUAGE EXPRESS WEBSITE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100 USD) OR FEES PAID BY YOU TO THE LANGUAGE EXPRESS IN THE PRECEDING TWELVE (12) MONTHS.
C. Reference Websites. THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN THE LANGUAGE EXPRESS AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE LANGUAGE EXPRESS WEBSITE OR RECEIVED BY YOU THROUGH ANY REFERENCE SITES.
D. Limitations by Applicable Law. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
E. Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT THE LANGUAGE EXPRESS HAS OFFERED ITS PRODUCTS AND SERVICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE LANGUAGE EXPRESS, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE LANGUAGE EXPRESS. YOU ACKNOWLEDGE AND AGREE THAT THE LANGUAGE EXPRESS WOULD NOT BE ABLE TO PROVIDE THE LANGUAGE EXPRESS WEBSITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
12. NOTICES AND CONTACT INFORMATION Except as otherwise provided in these Terms, The Language Express will give you any notices by posting them on the Website. Since notice of any material change to the Terms will be posted to the Website for at least 30 days in advance, we encourage you to visit the Website at least that often. You also authorize The Language Express to send notices (including notice of subpoenas or other legal process, if any) via electronic mail to either your email account that we have on record for you. You must check the Website for notices, and you will be considered to have received a notice when it is made available to you by posting on the Website or when sent by via electronic mail, whether or not received by you. Any use of the Website by you subsequent to such notice shall be deemed to constitute your, or in the case that you are a minor, your parent's or legal guardian's acceptance of such changes, modifications, additions or deletions.
13. ADDITIONAL TERMS A. No Agency; No Third Party Beneficiary. These Terms do not create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship. Except for the Indemnified Persons, there are no third party beneficiaries of these Terms. No confidential, fiduciary, contractually implied or other relationship is created between you and The Language Express other than pursuant to these Terms.
B. Severability. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full effect, provided that the allocation of risks described in these Terms is given effect to the fullest extent possible.
C. Assignment. These Terms are personal to you and you may not transfer, assign or delegate them to anyone. Any attempt by you to assign, transfer or delegate these Terms will be null and void. The Language Express has the right to transfer, assign and delegate these Terms to one or more third parties without your permission.
D. Jurisdiction; Choice of Law; Export Limitations. This Website is controlled by us from our offices in the United States of America and is directed to U.S. users. If you access the Website from locations outside the U.S., you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Website in violation of U.S. export laws and regulations or the Terms. These Terms and all performances and claims of every nature between us are governed by the laws of the State of California, U.S.A., without regard to any conflicts of laws principles that would result in the application of the law of a different jurisdiction. You and The Language Express submit to the exclusive personal jurisdiction and venue of the state and federal courts located within San Diego County, California.
E. Limitations on Actions. YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN 1 YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
F. Entire Agreement. These Terms (including terms incorporated into them) and any policies and guidelines posted to the Website comprise the entire agreement between you and The Language Express with respect to the use of the Website and supersede all contemporaneous and prior agreements between the parties regarding the subject matter contained herein, and neither party has relied on any representations made by the other that are not expressly set forth in these Terms.
G. No Waiver. The failure of any party to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or that party’s right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.
H. Survival. Sections 3, 4B, 5, and 8-14 will survive any termination of these Terms or your account whether by you or The Language Express.
I. Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
14. DIGITAL MILLENIUM COPYRIGHT ACT AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT A. Notice of Infringing Material. It is The Language Express’s policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). If you are a copyright owner or an agent thereof, and believe that any Website content infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) or consult your own legal counsel to confirm these requirements):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works from the Website;
(iii) Identification of the material that is claimed to be infringing 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 The Language Express to locate the material;
(iv) Information reasonably sufficient to permit The Language Express to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has 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
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may submit your notification of alleged copyright infringement to our Designated Copyright Agent indicated below.
B. Designated Copyright Agent. The Language Express’s Designated Copyright Agent for copyright issues relating to Website is as follows:
The Language Express, Inc
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