Terms & Conditions of Service

Terms & Conditions of Service

Introduction & Scope.

Welcome, please read the following Terms and Conditions of Service (hereinafter, the “Terms”), applicable for the website www.realenglishconversations.com (the “Site”) carefully.  This is a legal agreement which sets out the terms and conditions on which the Expat Spanish Lessons team (hereinafter referred to as “ESL”) will provide services to you or to the legal entity you represent ‘you’, ‘your’, and/or ‘yourself’.

The terms ‘us’, ‘its’, ‘ours’ and/or ‘we’, as used herein, shall refer to us, ESL and/or our affiliates, assignees, successors and/or brands.  These Terms shall supplement our Privacy Policy (the “Policy”), incorporated herein by reference.

User Agreement & Acceptance.

By accessing our Site you represent and warrant that you: (a) agree to all of the terms and conditions stated herein; and (b) have the right, power, and authority to bind your represented entity or the agency to these terms and conditions.

These Terms constitute a legally binding user agreement, along with any and all applicable laws and regulations.  Henceforth, you hereby acknowledge and covenant to abide by and comply with any applicable federal, state and local rules and regulations applicable to your use of our services.  If you do not agree with any of these Terms, you are thereby prohibited from using or accessing this Site.

The Site’s accessibility to the user is solely provided for the user’s individual benefit.  If you are using our Site in representation of a corporate third party, you hereby represent and warrant that you have the necessary power and authority in order to execute this agreement.

In order to use the functionalities and services provided, you will need to register for an account with us, thereby disclosing certain proprietary information, along with personally identifiable information.

Service Eligibility.

ESL does not knowingly provide its Services to persons under the age of eighteen (18).  Accordingly, we reserve the right to request any and all applicable proof of identification and consent proof from our users, at any moment, without prior notice, and at our sole and final discretion.

ESL does not knowingly collect any kind of information from any person under the age of thirteen (13), and will delete any related information thereto.

Account Registration and Security.

In order to use our Services, you may need to create an account with us, including all mandatory fields on our registration forms, as requested by us from time to time.  Please use a unique email and a unique password for registering and entering into our Site.  You must provide accurate and complete information.  You agree to keep secret the password chosen upon creating your account and not to communicate it to anybody.  If you lose or disclose it, you must promptly inform us.

You are solely responsible for the activity that occurs on your account and for keeping your password secure and confidential, and must notify us immediately of any breach of security or unauthorized use of your account.  You will be liable for any and all misuse of your account, including the fraudulent use by a third party, or even the disclosure of your password.  We reserve the right to request identification and compliance documents from our users, at any time and at our sole discretion.

Services Offered.

Through our platform, we provide our Services that consist, but are not limited to, an online platform that allows our user community to receive Spanish language classes, courses, tutorials, guides and tests.  We also deliver quality content, such as video streaming, written guides, supporting documentation, audio guides, and more.  We may offer additional functionalities through the Site, as indicated from time to time.  All of the aforementioned services provided by ESL via the Site will be collectively referred to as the “Services”.

The rest of our Services are offered with specific functionalities accessible through a paid account.  Each account is for one person only, due to the intimately personalized nature of our Spanish classes.

We may also offer additional subscription and payment plans, as described on our Site from time to time (e.g. Group Courses, Online Course access, or Private Courses).

Individual Online Courses. The user has access to pre-recorded video and/or audio lessons, activities and exercises that are included in each individual courses according to the course description and/or current promotional offer.

Private Lessons.  The user will have live lessons with a teacher via video call. Private lessons are lessons with one user per teacher. These lessons are personalized to the needs of each student and do not include access to Individual Online Course(s). 

Private Courses. The user will have access to the Individual Online Course(s) plus live lessons with a teacher via video call. Private lessons are with one to two users per teacher. Lesson length and the number of included lessons will depend on the Private Course purchased. 

User subscription will automatically renew until before the end of the then current subscription period (e.g. monthly or quarterly).  Your account will be charged for renewal prior to the end of the current period.

All of our materials are for personal use or our users, and if you would like to use it for a professional or commercial manner, please contact us for any type of special subscription/arrangement.

We also offer special packages for organizations that want to teach teams of various sizes.  Please be sure to contact us for specific quotes and offerings in that regard.

Payment Processing Terms.

We use payment platforms provided by globally accepted third-party payment processors.  Accordingly, the processing of payments will be subject to the fees, terms, conditions and privacy policies of such payment processors.  ESL is not responsible for any and all errors, fees and currency conversions fees by the payment processors.

Such third party payment transaction processors have enacted their own terms of use, user agreements and privacy policies, which will govern their provision of services to you in respect to the information we are required to provide to them for your purchase-related transactions.  For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

If you elect to use a direct payment gateway in order to complete your purchase, then the third-party payment processors will collect and store credit card data.  Your purchase transaction data will only be stored only as long as it results necessary to complete your transaction with us.  After such an order or transaction is complete, your purchase transaction information will be deleted. 

Disputes & Charge-backs.

You must provide us with valid and current billing information.  Except as expressly set forth herein, all payment charges are final and non-cancelable.  If we detect any chargeback or if any payment is not received by us or our payment processors for any reason, you will promptly pay us any and all amounts due to us upon notice.  Any failure or inability by us to process any payment hereunder does not relieve you from your payment obligations.

A chargeback is typically caused when a customer disputes a charge that appears on their bank or payment processing statement.  A charge-back may result in the reversal of a transaction, with the amount charged back to you.  You can be assessed charge-backs for: (i) customer disputes; (ii) unauthorized or improperly authorized transactions; (iii) transactions that do not comply with payment processor network rules or are allegedly unlawful or suspicious; or (iv) any reversals for any reason by our payment processor or the institutions handling the transaction.

When a chargeback is issued, you are immediately liable to ESL for the full amount of payment of the chargeback, plus any associated fees, fines, expenses or penalties (including those assessed by our payment processor or the financial institutions handling the transaction).  Accordingly, you hereby represent and warrant that you expressly appoint ESL as your agent, with full power to ESL over these amounts by debiting your account or setting off any amounts owed to you by us.

Refund Policy.

If you have any kind of problem with your purchases, please contact us as soon as possible. 

The No-Fail Guarantee is only valid for lessons which include Group Lessons or Private Lessons with a teacher. A full refund will be provided within 14 days when the following terms are met, which are:

• You did not attend a trial lesson prior to purchasing an Group Course or Private Course
• The refund request was made within the first 10 days of the first scheduled lesson
• Any known learning disabilities or challenges were disclosed to our support team prior to the first lesson to allow for an evaluation 7-days prior to the course start date

For Group Courses, Private Courses or any type of service that requires the direct support of teacher, due to their nature, cannot be refunded. Instead, re-enrollment into the same course which was originally purchased will be provided at no cost provided the No-Fail Guarantee terms being met, which are:

• You attended each of the scheduled group lessons and/or private lessons within 10 weeks which takes effect from the first scheduled lesson to the final scheduled lesson
• If you were not able to attend any of the scheduled lessons, you watched the pre-recorded online lesson version and completed all the activities and you scheduled a private make-up lesson within 7 days (at an additional cost) if you felt that further practice and support was needed for the missed scheduled lesson
• You completed the assignments, activities, and homework tasks provided in the Individual Online Course(s) 
• You spent 30-mins per day for a minimum of 5 days a week reviewing the assignments, lessons, and practice materials. 
• You discussed your concerns, lack of progress, or difficulties learning the content with your teacher or contacted our support team about your struggle.  

After meeting the above terms, if you are not satisfied with your ability you may request to enroll in another course at no extra cost within 7 days of completing all the scheduled lessons. In an effort to provide you with the specific support you need, we may offer a limited number of Private Lessons or transfer you to another group course, at our discretion, so you can repeat only the necessary lessons to successfully complete the course. 

User Code of Conduct.

As our user, you agree not to undertake, motivate, or facilitate the use or access of the Site or the Services in order to:

• Infringe these Terms, or allow, encourage or facilitate others to do so.
• Plagiarize and/or infringe on the intellectual property rights or privacy rights of any third party, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
• Collect, receive, transfer or disseminate any personally identifiable information of any person without due consent from the title holder.
• Republish, sell, rent or sub-license content or materials from the Site without our authorization.
• Reproduce, duplicate or copy material from the Site without our authorization.
• Distribute, post or otherwise make available any content that: (i) infringes on or endangers the intellectual property rights of any person (e.g. trademark, moral rights, trade secret, copyright, ancillary rights or other); (ii) enables any act that could promote or cause discrimination, racism, harm, libel, hatred or violence against any individual or group; (iii) endangers children and underage persons; (iv) is or allows illegal or fraudulent activities to take place; (v) is or may constitute a criminal or capital offense or otherwise infringes on any applicable law; and/or (vi) is or can be considered to be obscene, sexually explicit material, pornographic, threatening/defamatory, plagiarized, firearms, tobacco, alcohol, marijuana, gambling, binary options, Forex, pornographic or analogous material.
• Collect, receive, transfer or disseminate any personally identifiable information of any person without due consent from the title holder.
• Use any automated or manual process to obtain, copy, process, access and/or use our Site or Services or any part therefrom to capture unauthorized data or content, for any purpose.
• Enable, undertake, program or execute any type of system, computer program or technique in order to data-mine, retrieve, scrape, index or otherwise extract unauthorized information from ESL or any portion or data feeds therefrom. For purposes of clarification, such actions will include the use of persons, site search/retrieval applications, software ‘robots’ and ‘spiders’ and any analogous data gathering and extraction tools, regardless of the type and amount of information intended for extraction.
• Use the our Services to disseminate any type of computer viruses, worms, defects, trojan horses or other items of a destructive nature.
• Undertake any action that will or may cause an unreasonable load on ESL´s and/or its partners’ and affiliates’ technology or infrastructure, or otherwise make excessive traffic demands from ESL.
• Intercept or monitor activity via our Site or Services, without our express authorization.
• Otherwise reverse engineer, decompile or extract the proprietary code of the Site and our Services.

Content Moderation.

ESL encourages users to report violations of our Terms.  Each user is solely responsible for their activities and any content posted, transmitted or otherwise made available via our Services.

Our Services may incorporate interactive discussion forums, bulletin boards, review services or other types of public forums in which you or your users may post user generated content (e.g. reviews, messages, videos, selfies, posts and other content).

The Internet is not an anonymous means of communications, thus we cannot guarantee the confidentiality of any content that you provide to us via the Services.  Each piece of content that you post is intended for public review, and except for content expressly marked as private, most user generated content that you share with us will result in such content being made publicly available for users in our Site and other third party websites, including search engines and social media sites.  Please remember that not all content can be marked as private.

ESL has the right, but not the obligation, to monitor any user activity and ‘user generated content’ (e.g. names, photos, posts, feedback, images, comments, questions and other content) within the Site in order to determine compliance thereof, and to edit, refuse to post or remove any material or content submitted to or posted on our Services that we find to be in violation of our Terms, Policy or that is otherwise objectionable.

You acknowledge and agree that we may report any activity that we believe may violate any law to law enforcement, regulators or other relevant third parties, and that any violation of the aforementioned provisions may result in the immediate termination of your access to the ESL and our Services.

We reserve the right (but not the obligation) to monitor disputes between you and other of our users, but not with suppliers.

Account Suspension & Termination.

We reserve the right, at our sole and final discretion, to deactivate, freeze, suspend or terminate any account upon any factual or alleged breach of these Terms.  You must notify us immediately of any change in your eligibility to use our platform, or if You suspect a breach of security or unauthorized use of your account.

You acknowledge and agree that we may report any activity that we believe may violate any law to law enforcement, regulators or other relevant third parties, and that any violation of the aforementioned provisions may result in the immediate termination of your access to the Site or our Services.

User Licenses.

Limited License.  In order to access our Services, ESL grants you a limited, non-exclusive, revocable and non-transferable license to utilize and access the Services.  You are prohibited from duplicating, re-engineering, reverse engineering, modifying or otherwise using the Services, in whole or in part.  ESL does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information; and you shall have no right, either directly or indirectly, to own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve or create any new or derivative works from, or display, distribute, perform or in any way exploit any downloaded Services and computer applications, in whole or in part.

User Generated Content License.  You hereby grant ESL an unlimited, non-exclusive, sub-licensable, assignable, royalty-free, perpetual, irrevocable, for all the countries and territories through the world, right and license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes), communicate, publish, publicly perform, publicly display and distribute such any content you may upload, disseminate, deliver, create or transfer any post, original audio file, message, chat, files uploaded, data inputted, e-mails sent, or otherwise any content delivered to ESL via the Site or the Services.  You represent and warrant to ESL that you have all rights, authorizations or otherwise hold sufficient title for any and all content submitted to ESL as set forth herein.

Feedback License.  You hereby grant ESL an unlimited, non-exclusive, sub-licensable, assignable, royalty-free, perpetual, irrevocable, for all the countries and territories through the world, right and license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes), communicate, publish, publicly perform, publicly display and distribute such any suggestions, feedback, recommendations, comments and know how that you provide to ESL regarding the Site and Services.

Proprietary Rights.

The trademarks, copyright, service marks, trade names and other intellectual property rights and proprietary notices displayed on the Site and the Services are the property of or otherwise are licensed to ESL and its licensors and affiliates, whether acknowledged (or not), and which are protected under intellectual property laws, including copyright laws and treaties and other jurisdictions throughout the world.

Respective title holders may or may not be affiliated with us or our affiliates, partners and advertisers.  No section hereof shall be construed as intent to grant to you any right transfer or interest in the Site or our Services, in whole or in part.

You acknowledge and agree that any and all infringing use or exploitation of copyrighted content in the Site and/or the Services may cause us, our affiliates, licensors or content providers irreparable injury, which may not be remedied solely at law, and therefore our affiliates, licensors or content providers may seek remedy for breach of these Terms, either in equity or through injunctive or other equitable relief.

Digital Millennium Copyright Act (‘DMCA’) Notice.

In compliance with the DMCA, we inform you that ESL is the Designated Copyright Agent for DMCA Takedown Notices and intellectual property rights infringement policing though the Site, which you may contact by email.

ESL takes copyright infringement matters seriously, and is ready to remove any allegedly or factually infringing content displayed on the Site upon due notice and request by the title holder.

The following procedure will apply for any content displayed through the Site that allegedly infringes the intellectual property rights of you or of any third party.  You must notify us of your claim with the subject: “Takedown Request”.  Once received, ESL will study and consider your claim and, if it believes or has reason to believe any content on the Site infringes on another’s copyright, ESL may delete it, disable or otherwise stop displaying it.

Your notification claim must be in writing and must at least contain the following information: (i) your signature and identification, or the ones the person authorized to act on behalf of you or the title holder; (ii) a clear and concise description of the content of which its copyright has allegedly been infringed; (iii) contact information (e.g. address and email); and (iv) a statement, under penalty of perjury, indicating that you have a good faith belief that the information provided in your claim is true and accurate.

DMCA Counter Claim Notice.

Given our business model, our affiliates, advertisers, partners and third party syndicated content providers may be adversely affected due to a DMCA Takedown Notice.  Accordingly, upon receipt of any such notice, we will try to contact the content owner or webmaster of the affected site to uphold their right to a DMCA Counter Claim Notice.

To file a Counter Claim Notice, please contact our Designated Agent indicated above, in writing, and with a Counter Claim Notice containing the following information, at a minimum: (i) express identification of the content that we may have or have removed from our Site and section or domain it was displayed; (ii) contact information, such as your address and your email address; (iii) a signature and identification of the title holder and/or the person authorized to act; and (iv) a statement indicating that you swear, under penalty of perjury, that you have a good faith belief that the information provided in the Counter Claim Notice is true and accurate.

Third-party Websites and Content.

From time to time, our Site and Services may contain hyperlinks to other websites.  These links are for your personal convenience and to provide you with further information which may be of interest to you.  The provision of such links does not imply any endorsement of such third-party websites (or their products and services).  Please review the applicable terms and policies of such websites, including their privacy and data collection practices.

We may place ads and promotions from third-party sources in the Site.  Accordingly, your participation or undertakings in promotions of third-parties other than ESL, and any terms, conditions, warranties or representations associated with such undertakings, are solely between you and such third-party.  ESL is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.

No Endorsement.

The images, texts, posts, information, photographs and other content and media displayed on or through the Site and our Services are not necessarily available and any results therefrom – which we cannot ultimately control – are out of our ultimate and complete scope.  Some or all of the images shown in the Site are licensed and/or purchased stock photos, and are only shown for illustration purposes.  Some or all of the content displayed in the Site is undertaken by external third parties, and does not reflect ESL´s opinions, nor do ESL, its affiliates, subsidiaries, officers, employees and agents guarantee its actual veracity or make any endorsement thereof.

You acknowledge and agree that ESL shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Services or Site.  Each registered user is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.

User Support.

You can always contact our team with questions about our Services, and we will strive to answer them and work together in order to resolve any such doubts.

If you have any questions or complaints regarding the Site or our Services, please contact us by email as indicated on our contact web page.  We will undertake commercially reasonable efforts in order to answer as quickly as possible.  You must provide us with full details of your service query so that we can clearly asses your concerns.

Changes to the Services.

ESL reserves the right to modify, amend, suspend, terminate, upgrade, update or otherwise modify these Terms, the Site and the Services, at any time and without notice.  Any changes will be displayed on the Site, and we may also notify you by email.  As a general rule, we will try to not diminish the functionalities available to your Service tier, and in the case of increased or newly available functionalities, we will inform you before their activation, including the timeframe to accept new payment terms.

Please refer to the last effective date where changes were last undertaken by us.  Your use of our Services after the effective date of any update – either by an account registration or simple use – thereby indicates your acceptance thereof.

Service Level Agreement.

For technical inquiries, please contact our tech support team.  Notwithstanding the foregoing, some of the Services and functionalities of the Site are offered by third party platforms such as WordPress, Systeme.io, or Siteground.  Accordingly, any and all functionalities of the Site are subject to their terms and conditions and Service Level Agreements, available online for your reference.

User Privacy.

By disclosing any data and personally identifying information to us, you agree to our Policy, including the collection, process, storage and disclosure of such personally identifiable information, including to our affiliates, partners and clients.  We will ask for your express consent, including for inclusion into our newsletters, updates, and follow ups.  For more information, please read our Policy.

Confidentiality.

Neither party shall disclose any Confidential Information to any third party except to its employees, attorneys, tax or accounting professionals who have a legitimate need to know and who have agreed to be bound by the provisions of a confidentiality agreement at least as stringent as the ones herein.  Each party shall further protect the Confidential Information to the same extent as it protects its own information of a similar type.

For the purposes herein stated, “Confidential Information” shall be defined as the digital, verbal and/or written disclosures, documents or communications, stored in either written, graphic, digital, optical electromagnetic form or in software as a service systems, commonly known as “the cloud”, e-mails, optical disks, memory cards or removable drives or any other means that can retain information.

Confidential Information shall not include, information that: (i) is in the public domain at the time of disclosure; (ii) becomes publicly available through no fault of the ESLipient party and without breach of these Terms, (iii) is already in the lawful possession of a party without restriction prior to disclosure; (iv) becomes rightfully known to a party without restriction from a source other than the disclosing party; or that (v) is required to be disclosed by virtue of an order of a competent court or a legal requirement; shall not be deemed Confidential Information.

User Representations and Warranties.

You hereby represent, warrant and covenant that: (i) your use of our Site and Services, and all your uploaded and used data shall be at all times compliant with these Terms and all local, state, federal and international laws and regulations applicable to you and your organization; (ii) you have obtained all necessary rights, releases and permissions to provide any data to ESL and its affiliates, licensors and agents; and to grant the rights granted to ESL in these Terms, including without limitation any intellectual property rights or rights of publicity, privacy and any use, collection and disclosure authorized.

Term, Termination.

The term hereof shall begin on the date that comes first among: (i) first access to the Site; (ii) your first access or execution of our Services; or (iii) ESL begins providing its Services to you.

The term hereof will automatically end on the earlier date of either your: (i) account deactivation, suspension, freezing or deletion; (ii) access termination or revocation for our Services; (iii) ESL´s termination of these Terms, at its sole and final discretion; (iv) the termination date indicated by ESL to you from time to time; or (v) ESL´s decision to make the Site or the Services no longer available for use, at its sole and final discretion.

Termination for cause by ESL.

These Terms, along with any and all licenses granted hereof may or will automatically terminate if you breach any of the terms and conditions contained herein.  Upon termination for breach, your rights to use our Site, our Services and any information provided or generated thereby shall cease and you shall not be entitled to any compensation, credit, remedy or refund of any nature.  In this case, please contact our support department in order to initiate the process of receiving a backup copy of your user data, if any, subject to the terms and conditions of our providers, such as Amazon Web Services.

Disclaimer of Warranty.

To the fullest extent permissible under applicable law, the Site and the Services are provided to you “as is”, with “all faults” and “as available”, without warranty of any kind.  ESL, and its affiliates, clients, agents, officers, licensors and/or distributors, do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom, usage of trade, course of dealing or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, non-infringement, non-interference with use and/or enjoyment.

In no event shall ESL, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use, inaccessibility or malfunction of the Site or the Services, including but not limited to, loss of revenue, profits, business, loss of use or lack of availability of computer resources; whatsoever arising out of or related thereto, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not ESL, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages.

Limitation of Liability.

If a user suffers loss or damage as a result of ESL´s negligence or failure to comply with these Terms, any claim by such user against us will be limited in respect of any one incident, or series of connected incidents, to the fees paid by such user in the previous three (3) months or the amount of direct loss or damage suffered by user, whichever is less.

These Terms provide you with specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction.  Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Indemnification.

You shall indemnify, hold harmless, and defend ESL, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representatives, and the officers, directors and employees of each (jointly, the “ESL´s Indemnitees”) from and against any and all third party liabilities, claims, causes of action, suits, losses, damages, fines, judgments, settlements and expenses (including any and all reasonable outside attorneys’ fees and court costs) which may be suffered, made or incurred by any of such ESL´s Indemnitees arising out of or relating to: (i) any breach of any warranties, representations and/or covenants made by you hereunder (to the extent not arising substantially from any breach hereof by ESL); and/or (ii) any third party claim arising out of or in relation to ESL or use thereof in combination with your business platform, including without limitation, any claim that ESL violates, infringes, or misappropriates any proprietary or intellectual property right of any third party, including without limitation, any privacy right of any person, or violates any applicable law.

Dispute Resolution.

Applicable Law.  You agree to submit to the applicable laws in the State of Jalisco, Mexico, which will govern these Terms and any claim, without regard to conflict of law provisions.

Forum.  For the application of this arbitration agreement, and of other matters appertaining these Terms, the parties hereto agree to submit to the personal jurisdiction of the courts located in the City of Puerto Vallarta, State of Jalisco, Mexico.

If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorney’s fees, court costs, and disbursements in doing so.

General Terms.

Assignment.  These Terms will inure to the benefit of any successors of the parties.  We may assign any rights or obligations hereunder to any current or future affiliated company and to any successor in interest.  Any rights not expressly granted herein are thereby reserved.  These terms will inure to the benefit of any successors of the parties.  We reserve the right, at any time, to transfer some or all of ESL’s assets in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.

Force Majeure.  ESL is not liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond ESL’ reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure, from acts of nature, forces or causes beyond our control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurESLtions, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

Headings. The titles of paragraphs in these Terms are shown only for ease of reference and will not affect any interpretation therefrom.

Entire Agreement.  These Terms set forth the entire agreement between the parties hereof and may not be altered or amended except in writing signed by each both parties.

Equitable remedies:  You hereby acknowledge and agree that if these Terms are not specifically enforced, ESL will be irreparably damaged, and therefore you agree that ESL shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of these Terms, in addition to any other available remedies.

Language.  These Terms may be translated into other languages, but English shall be and remain the official language of this agreement and in any conflict between the English language version and any other version, the English language version shall control.

Newsletters.  The Site may allow you to subscribe to our newsletter service, which may be provided by us or through an authorized third party.  Through our newsletters, you may receive information according to your subscriber preferences.  As our subscriber, you will receive a conspicuous communication indicating any subscription and you will be able to select the amount and type of emails received by you.  If you wish to unsubscribe, you will find ‘unsubscribe’ and similar links on our communications.

No Embargo.  You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S.A., Canada, European Union or other government’s embargo, or that has been designated as a “terrorist supporting” country; and (ii) you are not listed on any government list of prohibited or restricted parties or activities.

Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms will remain in full force and effect. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.

No Relationship.  You and ESL are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

No Waiver.  Failure by ESL to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.

Governing Language.

From time to time, our Terms may be translated into other languages for your convenience.  The English version of each of these documents shall be the version that prevails and governs your use of our Services.  Upon the case of any conflict between the English version and any translated version, the English version will prevail.

Contact.

If you have any questions or comments about us, our Site, our Terms and/or these Terms, please contact us at:

expatspanishlessons.com

Calle Juan Acevedo 

Puerto Vallarta, Jalisco

Mexico 48327

contact [at] expatspanishlessons.com

Last effective update is June 24, 2023.