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Updated on 3/3/09
By using our website you understand that you are in agreement with our terms of use. Information contained herein is subject to change without notice. User understands that we may amend, modify or update our terms at any time, and may or may not notify user, therefore user should periodically review this policy. You can find our most recent revision date at the top of this notice. No Liability We are not liable to you, or any other person, or entity for: Cost, loss or liability (including loss of profit or other consequential damages) arising from our supply or failure to supply, or delay in supplying our service(s). The content, context or confidentiality of any communication when using this service is not guaranteed.
Member Conduct When posting comments, opinions, site feedback or any other form of communication with other users of the site or English in NY.com you acknowledge that we and, or, our designees shall have the right (but not the obligation) in our sole discretion to pre-screen, refuse, move or remove any Content that is found to be objectionable or otherwise violate our TOS. Additionally, 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. In this regard, you acknowledge that you may not rely on any Content or postings on the site. You acknowledge, consent and agree that English In NY.com may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of English In NY.com, its users and the public. Suspension and Termination of Service Termination by You - You may terminate your English In NY.com account at any time by unsubscribing or by submitting a termination request. Termination by English In NY.com – You understand that we may, without prior notice, immediately terminate, limit your access to, or suspend your English In NY.com account, and your access to the English In NY.com services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the English In NY.com services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with English In NY.com services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made by English In NY.com's sole discretion and that English In NY.com shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the English In NY.com services. Termination of your English In NY.com account includes any or all of the following: (a) removal of access to all or part of the offerings within the English In NY.com services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the English In NY.com services. We may from time to time without notice suspend the service or disconnect or deny access to your service: during any technical failure, modification or maintenance involved in the service provided that we will use reasonable endeavors to remedy and resume the services as soon as reasonably practical; or If you fail to comply with any provision in this agreement (including failure to pay charges due), or do, or allow to be done, anything which in our opinion may have an adverse effect of jeopardizing the operation of the service. English In NY.com may without notice to you remove, amend or alter your data upon being made aware of: any claim or allegation; any court order, judgment, determination or other finding of a court or other competent body, that the data is defamatory, illegal, offensive or in breach of a third party rights. We may end our agreement with you and cease providing Services for any reason immediately. Back-Up Files and Uptime We make every reasonable effort to protect and backup our data, and the posted or contributed content, data, or otherwise related third party content for all registered users on a regular basis, however English In NY.com does not guarantee the accuracy, or regularity of its backup services and, therefore, users are solely responsible for independent backup of their own data and content. Uptime – While it is our goal and expectation to have the site up at all times, we do not guarantee 100% uptime. English In NY.com takes no responsibility for events caused by server failure, internet failure, computer virus, hackers, and the like. In addition, we are not responsible for any damages you may incur due to the site not being available. Links The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because English In NY.com has no control over such sites and resources, you acknowledge and agree that English In NY.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that English In NY.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. Disclaimer of Warranties You expressly understand and agree that: your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. English In NY.com and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. English In NY.com and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the service will meet your requirements; (ii) the service will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the service will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations; and (v) any errors in the software will be corrected. Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. You Indemnify us Against all costs, expenses, loss, or liability that we may suffer (directly or indirectly) resulting from: i) your breach of our terms of service; ii) your use or misuse of site services; iii) the use or misuse of the site services by any person using your account; and, the submission, posting, transmission, modification or publication of defamatory, offensive or otherwise unlawful material that may adversely effect English In NY.com In addition, you agree to indemnify and hold English In NY.com, and any of our subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, damages and reasonable attorneys' fees, made by any third party. User and Third Party Contributions User and third party contributors understand that by submitting ideas, suggestions, documents, and/or proposals ("Contributions") to English in NY.com through its suggestion or feedback web pages, you acknowledge and agree that: (a) your contributions do not contain confidential or proprietary information that you do not have the right to share; (b) we are not under any obligation of confidentiality, express or implied, with respect to the contributions; and (c) we shall be entitled to use or disclose (or choose not to use or disclose) such contributions for any purpose, in any way, in any media worldwide. In addition you understand that we may have something similar to your contributions already under consideration or in development; and any contributions you provide automatically become property of English in NY.com without any obligation of English in NY.com to you including NO entitlement to any compensation or reimbursement of any kind from English in NY.com under any circumstances. Any possible compensation or reimbursement would only be through a formal agreement (contract) which would be duly signed by all parties concerned. No Re-use of our Content without Permission You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any purpose, any portion or use of, or access to, the English In NY.com Services. This includes content, advertisements, software and your user account log in information. Product or Service Purchases When you purchase a product or service from us you are charged a one time fee for that product or service. - Examples of products are, but not limited to: textbooks, learning programs created by others, and business or personal improvement programs and methodologies.
- Example of services are, but not limited to: The Quizbank, TOEFL related speaking programs, copyright or proofreading services, live classes at our school, essay review and additional services not included in this list.
Subscription Period Should you choose to purchase a service based on time duration, such as for a month, or three months, etc…you will be billed a one time fee. Upon payment for the particular service you will be entitled to receive the full use of the purchased service only during the subscription period "Subscription Period" specified in your billing form "Billing Form". When your "Subscription Period" has finished access to the service will be unavailable unless you purchase a new period. Payment Process We do not store your financial information. All charges are one time charges that you initiate. Our current billing practice does not allow for automated renewals as that would require us to keep you financial information on file. Payment Processing We utilize the service of a third party payment processor. PayPal is our current financial intermediary. All of your payment information is processed through PayPal and once your transaction has been successfully debited or charged they remit funds to us. Credits and Refunds We will issue you a time credit for any period of time that our systems were down and caused you to be unable to utilize the service you paid for, we will not give you a credit should you purchase more time then you later determine you need. For example if you purchase a 3 month plan and later determine that one month is all you need – we will not refund (or pro-rate) the difference. Time based, duration plans purchases are final. Products purchased, such as books and e-books are non-refundable, unless the third party vendor has such a guarantee. Waiver and Severability of Terms The failure of English In NY.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 the TOS remain in full force and effect. Copyright Please Click Here to see this section of our site. Privacy Policy Please Click Here to see this section of our site. Violations Please report any violations of the Terms of Service to any of our email addresses with the words TOS Violation in the subject line.
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