GlobalEnglish Terms of Service
Last Updated: November 4, 2016
Welcome to the GlobalEnglish website (“Website”), controlled by GlobalEnglish Corporation (“GlobalEnglish,” “we,” “us” or “our”). By accessing or using the Website, whether as visitors to any of the GlobalEnglish websites or as individuals who register to use our Services as defined below, you (hereinafter referred to as “you/your”; “Company”; “Customer”; or “User” as may be applicable), signify that you have read, understand and agree to be bound by the terms of service and conditions set forth below (as amended from time to time, "Terms").
We provide the Website and/or our Services for your use subject to the following Terms. If we decide to make material changes to our Terms, we will notify you and other users of the Services by sending a notice to the email address that you have provided in connection with your Services account and/or by placing a notice within our product interface. You should periodically check the Services for such notices, provided we have not arranged for Customers to notify their individual Users of such changes. Your continued use of the Website constitutes your acknowledgement of, acceptance of, and agreement to the revised Terms. We will indicate at the top of this page the date these Terms were last revised. If you do not agree to abide by these (or any future) Terms, do not use or access (or continue to use or access) the Website or the services and the related applications and other services offered by GlobalEnglish (“Services”). For the purposes of these Terms, any reference to the Services shall include the Website.
In addition, when using our Software-as-a-Service products and Services, you are subject to additional terms applicable to such services that may be posted within those platforms from time to time as described in our Service Terms of Service. All such terms are hereby incorporated by reference into these Terms to the extent you use our Services in addition to the Website.
Use of the Services also constitutes your acceptance of the GlobalEnglish Privacy Statement, available here . By using the Services, you are consenting to the terms of the Privacy Statement and to have the data you submit to the Website (either as an individual Customer or as an employee of a Customer who is ordering the Services) being transferred to and processed in the United States, The Privacy Statement may be modified from time to time and is incorporated by reference herein as a disclosure to you.
The Services are intended solely for users who are 13 years of age or older. Any registration by, use of or access to the Services by anyone under 13 is unauthorized and in violation of these Terms. By using the Services, you represent and warrant that you are 13 years of age or older. If you are over 13 but under 18, you are required to obtain parental consent to use of the Services before doing so, and by using the Services you represent that you have obtained such consent and are permitted to enter into these Terms in order to use the Services
Compliance with Company Subscription Licenses.If a third party such as an employer, gave you your account, your use of our Services is subject to our agreement with your company (a "Company"). You may not use (or continue to use) the Services if your Company does not authorize you as an end-user on their license with GlobalEnglish. You agree to use the Services solely as permitted by your Company. You may have the opportunity to communicate with others within your Company or upload documents related to your Company through the Services, but you are not permitted to do so, and may not do so, without the authorization of your Company. You acknowledge and agree that your Registration Data and data generated in connection with your use of the Services ("User Data") may be accessible by your Company and that GlobalEnglish shall have no liability to you based upon the information shared with your Company as a consequence of your use of our Services.
Term of Subscription. Your subscription to access the Services as set forth herein is subject to the existence of a subscription with your Company and continues only for the term of that Company's license. Consequently, if your Company terminates its license with GlobalEnglish, you will lose access to the Services and to the Registration Data and User Data. GlobalEnglish has no obligation to return any User Data to you individually upon termination of your Company's license, and you have no right to use the Services if your Company has terminated its license with GlobalEnglish.
You may also enter into a subscription agreement with GlobalEnglish as an individual which may comprise of either a three (3) or six (6) month subscription or an annual or multiyear subscription plan (each, a “Subscription Plan”). You will be billed monthly or annually for the applicable Subscription Plan on or about the same day each month/year (as applicable) until such time that you cancel your Subscription Plan. For the avoidance of doubt, please note, you will not be permitted to cancel, reduce the number of seats, or downgrade the Service you have selected until the anniversary of your Subscription Plan. There will be no refunds for Subscription Plan payments.
Profiles. The Services allow you to display certain information about yourself including without limitation your Registration Data, which may include your name, language abilities, performance test results, gender and/or the name of your Company (a "Profile"). Your Profile will display to other Users certain of your Registration Data and other content about you or your Company that you upload for use in your Profile (collectively the "Profile Content"). You agree to provide accurate and current information about you or your Company in your Profile and to promptly update the Profile Content to keep it accurate and current.
Profile Content. You are solely responsible for the Profile Content and all User Data, including without limitation messages, notes, text, information, listings, and any other content that you upload, publish or display (hereinafter, "post") on or through the Services, or transmit to or share with other Users. You may not post, transmit, or distribute User Data that you did not create or that you do not have permission to post. You understand and agree that GlobalEnglish may, but is not obligated to, review the Website and/or Services and delete or remove (without notice) any Content or User Data in its sole discretion, for any reason or no reason, including User Data that GlobalEnglish believes violates these Terms. GlobalEnglish has no backup or storage obligations regarding User Data. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Data you post or store on the Website or provide to GlobalEnglish. GlobalEnglish does not verify the accuracy or authenticity of any User Data, including any claims made by other users or your Company, and makes no representations or warranties with respect to any User Content.
License to User Data. When you post User Data or Profile Content in the Services, you grant, and you represent and warrant that you have the right to grant and do hereby grant, to GlobalEnglish an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part) and distribute such User Data and Profile Content for purposes of providing, operating and promoting the Services or operating and maintaining GlobalEnglish's business, including without limitation responding to legal requests, judicial orders and other similar governmental requests. Subject to the rights granted to us in these Terms, you retain full ownership of your User Data (but not your Profile or information contained therein as a copyrightable work, which is owned by GlobalEnglish). To the extent not covered by the foregoing, you explicitly consent to any use of data about you described in our Privacy Statement.
Fees and Payments
The fees applicable for the Service ("Fees") are available on the Website and/or in GlobalEnglish’s then-current published price list. The price stated for the Service excludes all taxes and charges, unless stated otherwise. You're responsible for any taxes and for all other charges incidental to using the Services (for example, data charges and currency exchange settlements). You will pay the Fees in the currency GlobalEnglish quoted for your account. GlobalEnglish reserves the right to change the quoted currency at any time.
You must be authorized to use the credit card that you enter when you create a billing account. You authorize us to charge you for the Service using your credit card and for any paid feature of the Service that you choose to sign up for or use while these Terms are in force. We may bill: (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription Services. Also, we may charge you up to the amount you've approved, and we'll notify you in advance of the difference for recurring subscription Services. We may bill you simultaneously for more than one of your prior billing periods. We may automatically renew your Service and charge you for any renewal term. All paid accounts are due the date the invoice is posted on your account. Except as specifically set forth in this section, all Services are prepaid for the period selected (monthly, yearly or otherwise) and are non-refundable. This includes accounts that are renewed.
You must keep all information in your billing account current. You can access and modify your billing account information through the Website. You may change your payment method at any time. If you tell us to stop using your payment method and we no longer receive payment from you for the paid Service, we may cancel that Service. Your notice to us will not affect charges we submit to your billing account before we reasonably could act on your request.
Except as prohibited by law, we may assess a late charge if you do not pay on time. You must pay these late charges when we bill you for them. The late charge will be the lesser of 1 percent of the unpaid amount each month or the maximum rate permitted by law. We may use a third party to collect past due amounts. You must pay for all reasonable costs we incur to collect any past due amounts, including reasonable attorneys' fees and other legal fees and costs. We may suspend or cancel your Service if you fail to pay in full on time.
Modifications to Website: GlobalEnglish reserves the right to modify or discontinue, temporarily or permanently, the Website (or any part thereof) or any User’s access with or without notice. YOU AGREE THAT GLOBAL ENGLISH SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE WEBSITE.
The following are examples of the kind of content and/or use that is illegal or prohibited by GlobalEnglish. GlobalEnglish reserves the right to investigate and take appropriate legal action against anyone who, in GlobalEnglish’s sole discretion, violates this provision, including without limitation, removing the offending content from the Website, suspending or terminating the account of such Users and reporting you to the law enforcement authorities. You agree to not use the Website to engage in any illegal or harmful activity, including without limitation:
Prohibited User Conduct
- posting, emailing or otherwise transmitting any content that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another‘s privacy, hateful racially, ethnically or otherwise objectionable; (ii) you do not have a right to transmit under any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) infringes any intellectual property or other proprietary rights of any party; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) contains 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; or (vii) in the sole judgment of GlobalEnglish, is objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose GlobalEnglish or its users to any harm or liability of any type;
- impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
- soliciting personal information from anyone under the age of 18;
- harvesting or collecting, through use of automated scripts or otherwise, the contents of the Website or email addresses, contact information or other private information of other Users from the Website for any purpose, including without limitation for the purposes of sending unsolicited emails or other unsolicited communications to Users or reproducing the content of the Website;
- advertising or offering to sell or buy any goods or services for any business purpose that is not specifically authorized;
- interfering with or disrupting the Website or servers or networks connected to the Website, or disobeying any requirements, procedures, policies or regulations of networks connected to the Website;
- violating any applicable local, state, national or international law, or any regulations having the force of law; furthering or promoting any criminal activity or enterprise, or providing instructional information about illegal activities; or
- obtaining or attempting to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Website.
- use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services, such as trading reviews with other Users or writing or soliciting shill reviews.
GlobalEnglish grants your Company a limited license to provide the Services for your use. The license you have to use the Services arises from your Company’s license and is non-transferable; you may not share or allow others to use your login credentials to access the Services. In some cases, this may include the ability to download and access our mobile application on your mobile device. We offer such mobile applications through both the Android Market and the iTunes Store (collectively and with the entities which maintain them, "Providers"). Your use of these mobile apps is also subject to the Providers' terms and conditions, including without limitation the Usage Rules set forth in the App Store Terms of Service. If you have downloaded any of these mobile apps from the iTunes Store, you acknowledge and agree that you have read and agree to the App Store Terms of Service. If you have downloaded them from the Android Market, you acknowledge and agree that you have read and agree to the Android Market Terms of Service. The Providers have no obligation to, and will not, provide any maintenance or support services to you in connection with your use of the Services. The Providers offer no warranty of any kind for the Services. In the event that any of the mobile apps fails to conform to any applicable warranty and you have downloaded such app from the iTunes Store, you may notify Apple and Apple will refund the purchase price (if any) of such app. These Terms apply to your use of all mobile apps as well as our other Services.
Mobile Use of Services
These Terms are entered into between you and GlobalEnglish, and neither Provider is a party to these Terms. The Providers have no responsibility for the content, layout, functionality and other aspects of the Services. Providers shall have no liability or warranty obligation to you whatsoever with respect to the Services or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty. Similarly, the Providers have no liability for any claims of a User or any third party (including a Company) related to any of the GlobalEnglish Corporation mobile apps or your use thereof, including without limitation: (i) product liability claims; (ii) any claim that such licensed application fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and (iv) any claim that any of the Services or the products infringe a third party's intellectual property rights. Providers are not responsible for any investigation, defense, settlement or discharge of any third party intellectual property claims.
Software available in connection with the Services, if any, and the transmission of applicable data, if any, is subject to United States export controls. No software may be downloaded from the Website or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using any available software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Website and any software, including as it concerns online conduct and acceptable content.
Special Notice for International Use; Export Controls
Unless otherwise expressly authorized herein or by GlobalEnglish’ express written consent, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the Services, use of the Services, or access to the Website. The Website is for your personal use and may not be used for direct commercial endeavors.
All content on the Website and otherwise available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement (the "Content"), are the proprietary property of GlobalEnglish, its users or its licensors. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms, provided that the foregoing does not apply to your own User Data. Authorized Users may access and use the Services and the Content and download or print a reasonable number of copies of portions of the Content to which the User has properly gained access solely for the User's personal use for language training purposes, provided that the User maintains all copyright or other proprietary notices on all copies of such Content. Except for your own User Data, you may not publish or otherwise distribute Content, including via the Internet or any intranet or extranet site, or incorporate the Content in any other database or compilation. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Content. Any use of the Website or the Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to use of the Services and the Content granted herein. All rights of GlobalEnglish or its licensors that are not expressly granted in these Terms are reserved to GlobalEnglish and its licensors.
Proprietary Rights in Website Content; Limited License
Service Content: You acknowledge and agree that the Website may contain content (“Website Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by GlobalEnglish, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Website or the Website Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined above) that you legally upload through the Website. In connection with your use of the Website you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Website or the Website Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Website or distributed in connection therewith (the “Software”) is the property of GlobalEnglish, our affiliates and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by GlobalEnglish.
Intellectual Property Rights
Third Party Material: Under no circumstances will GlobalEnglish be liable in any way for any content posted by third parties or at the direction of users, including but not limited to for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the Website. You acknowledge that GlobalEnglish does not pre-screen content, but that GlobalEnglish and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Website. Without limiting the foregoing, GlobalEnglish and its designees shall have the right to remove any content that violates these Terms or is deemed by GlobalEnglish, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
Downtime: The Services may be temporarily unavailable from time to time for maintenance or other reasons. GlobalEnglish shall have no responsibility for any interruption, delay in operation or transmission, theft or destruction of, unauthorized access to, or alteration of, User communications or any other content made available via the Website. Under no circumstances will GlobalEnglish be responsible for any personal injury or death resulting from the use of the Website, Services, any User Content or Third Party Content, or any use of products or services provided by Users.
User Content Posted on the Site or in the Services: In addition to the license grant to User Content set forth above, you acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website (“Submissions”), provided by you to GlobalEnglish are non-confidential and GlobalEnglish shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. In addition, information posted, disclosed or shared on or through any of GlobalEnglish’s community based Services or products by you shall be excluded from the definition of confidential information, as that term is generally defined.
You acknowledge and agree that GlobalEnglish may preserve and store User Content for any period of time and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of GlobalEnglish, its users and the public. You understand that the technical processing and transmission of the Website, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
“GlobalEnglish” and other GlobalEnglish graphics, logos, designs, page headers, button icons, scripts and product and Service names (whether or not they appear at any given time on the Website) are the trademarks, trade names or trade dress of GlobalEnglish in the U.S. and other countries. You may not use GlobalEnglish’s trademarks, trade names and/or trade dress, including as part of trademarks and/or as part of domain names, in connection with any product, program, display or service in any manner that is likely to cause confusion or create the impression that GlobalEnglish endorses any product or service. You may not reproduce or use GlobalEnglish’s trademarks, trade names and/or trade dress without the prior written permission of GlobalEnglish.
Product and Service names and logos used and displayed via the Website, other than the trademarks of GlobalEnglish described above, may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to GlobalEnglish. Nothing in these Terms or on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of trademarks displayed on the Website without our prior written permission in each instance. All goodwill generated from the use of GlobalEnglish trademarks will inure to our exclusive benefit.
GlobalEnglish respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify GlobalEnglish of your infringement claim in accordance with the procedure below.
GlobalEnglish will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to GlobalEnglish’s Copyright Agent at email@example.com (Subject line: “DMCA Takedown Request”). You may also contact us by mail or facsimile at:
Attn: Copyright Complaints/Legal Department
2000 Sierra Point Parkway, Suite 300
Brisbane, CA 94005 USA
Fax: (650) 246-6019
To be effective, the notification must be in writing and contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Website; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner‘s behalf.
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent: (i) your electronic or physical signature; (ii) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (iii) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (iv) your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court located within Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, GlobalEnglish will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
In accordance with the DMCA and other applicable law, GlobalEnglish has adopted a policy of terminating, in appropriate circumstances and at GlobalEnglish's sole discretion, users who are deemed to be repeat infringers. GlobalEnglish may also at its sole discretion limit access to the Website and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Repeat Infringer Policy
The Servicesmay contain (or you may encounter through your use of the Website) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Website or any Third Party Content posted on or available through the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to or permitting the use of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by GlobalEnglish. If you decide to leave the Website and access the Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern your use of such Third Party Sites. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website or relating to any applications you use or install from that site.
Third Party Websites and Content
GLOBALENGLISH IS NOT RESPONSIBLE FOR COOKIES, WEB BEACONS, CLEAR GIFS, OR OTHER CODE YOU OR OTHER PARTIES PLACE ON YOUR COMPUTER IN ANY WAY, INCLUDING ANY ASSOCIATION OF WEBSITE CONTENT WITH SUCH CODE. For example, if you access a Third Party Site through a link on the Website, your browser or other cookies on your computer may cause a referrer header to be sent to that site indicating some of your browsing history or the URL from which your visit originated. GlobalEnglish shall have no liability to you in connection with any such transmission, whether or not that transmission contains information associated with or originating from GlobalEnglish.
You agree to release, indemnify and hold GlobalEnglish and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Website, Services, any User Content, your connection to the Website or Services, your violation of these Terms or your violation of any rights of anotheror of any law or otherwise arising out of your use of the Services. Your indemnity obligations include without limitation claims against GlobalEnglish that any User Content infringes a third party’s intellectual property rights.
Indemnity and Release
GlobalEnglish is not responsible or liable in any manner for any User Data or Third Party Content posted on the Website or displayed in connection with the Services. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or distribute on the Website and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter in the Services or in connection with any User Data or Third Party Content. GlobalEnglish is not responsible for the conduct, whether online or offline, of any User.
Disclaimer and Warranties
The Services may be temporarily unavailable from time to time for maintenance or other reasons. GlobalEnglish shall have no liability for any interruption, delay in operation or transmission, theft or destruction of, unauthorized access to, or alteration of, User communications or any other content made available via the Services. Under no circumstances will GlobalEnglish be liable in any way for any personal injury or death resulting from the use of the Services, any User Content or Third Party Content, or any use of products or services provided by Users.
THE SERVICES, INCLUDING ALL CONTENT THEREIN, IS PROVIDED "AS IS" AND GLOBALENGLISH DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. GLOBALENGLISH CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. GLOBALENGLISH DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS IN THE SERVICES OR ON THE WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE WEBSITE OR SERVICE, OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SERVICES OR FROM A PROVIDER AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
IN NO EVENT WILL GLOBALENGLISH OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM: (I) YOUR USE OF OR INABILITY TO USE THE SERVICES, OR ANY OF THE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE WEBSITE, SERVICES OR THE PROVIDERS, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA BY ANY PARTY; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT SHALL GLOBALENGLISH’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU OR COMPANY HAVE PAID GLOBALENGLISH IN THE LAST TWELVE (12) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100), EVEN IF GLOBALENGLISH IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
Limitation of Liability
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR WITH THESE TERMS OF WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE.
At GlobalEnglish’s election and in its sole discretion, all disputes, claims, or controversies arising out of or relating to these Terms or the Website that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before JAMS, or its successor. Unless otherwise agreed by the parties, arbitration will be held in San Francisco, California before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by JAMS, and will be conducted in accordance with the rules and regulations promulgated by JAMS unless specifically modified in these Terms. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator’s decision and award shall be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.
GlobalEnglish may terminate or suspend your Company's account, your account or ability to use the Services, in whole or in part, without notice as specified in these Terms and in the event that (i) your Company fails to pay any fees due hereunder to GlobalEnglish when due, or (ii) you or your Company violate the Terms or violate any other rules that govern the use of the Services.
GlobalEnglish may modify the Services, and all content, software and other items used or contained in the Services, at any time. References on the Services to any companies, organizations, products, or services, or other information do not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by GlobalEnglish.
You may ask to terminate your GlobalEnglish Service account by providing GlobalEnglish with notice of termination through the "Contact Us" form link at https://support.globalenglish.com/. Your access to and use of the Services, including any content therein, may be prevented by GlobalEnglish at any time after your termination of your account. Your Company may be required to give permission before GlobalEnglish terminates your account.
Your communications or dealings with any other Users, including communications or dealings initiated through the Services, are solely between you and such Users, and you are solely responsible for such communications or dealings. GlobalEnglish reserves the right, but has no obligation, to monitor disputes between you and any other Users on the Website. GlobalEnglish is not responsible or liable in any manner for any loss or damage arising out of your communications or dealings with any other Users, including with respect to any goods or services offered by such Users or any media, document or other content posted by any User.
You agree to comply with any applicable laws when using the Services. By using the Services, you represent and warrant that you (i) are not using the Services in any country which is the subject to a U.S. Government embargo and/or has been designated as a "terrorist supporting" country and (ii) are not listed on any U.S. Government list of prohibited or restricted parties.
These Terms constitute the entire agreement between you and GlobalEnglish regarding the use of the Services and supersede any prior agreements between you and GlobalEnglish relating to your use of the Services. Notwithstanding the foregoing, if your Company has an existing Agreement with GlobalEnglish for the purchase of any Services, these Terms are not intended to alter the terms or conditions of such agreement your Company may have with GlobalEnglish, its subsidiaries or affiliates, and to the extent of any conflict, the terms of such Agreement will prevail. The failure of GlobalEnglish to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is determined to be unlawful, void or for any reason unenforceable, such determination shall not affect the validity and enforceability of any of the remaining provisions. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms shall be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and GlobalEnglish agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California. The failure of GlobalEnglish to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in these Terms are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Website may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on the Service.
Under California Civil Code Section 1789.3, users of the Website from California are entitled to the following specific consumer rights notice:
Notice for California Users
- Business functions like marketing and finance .The provider of the Website and associated services is GlobalEnglish Corporation, located at 2000 Sierra Point Parkway, Suite 300, Brisbane, CA 94005, USA.
- As of the date of these terms, no direct charges are imposed upon the consumer by the Website.
- If you have a complaint with the services provided on the Website or wish to request further information, please contact us at the physical address above with a description of your request. We cannot guarantee a response in any particular time period. If you remain unsatisfied, contact The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Last updated Febraury 9, 2015, v3