PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOUR SUBSCRIPTION SERVICES.
General
The following terms and conditions govern your use of the Language Tree Online Internet site (“Site”) and the subscription services purchased through the Site. By using the Site or placing an order with us, you are indicating your acceptance of the following Terms and Conditions. These Terms and Conditions shall supplement any subsequent terms or conditions included with your subscription agreement(s).
Your Account
All services and subscriptions sold through our Site are for purchase by individuals who are eighteen (18) years and older only.
License and Site Access
A limited license granted by Language Tree Online allows for restricted access to our stores for personal use, which means, without express written consent from Language Tree Online, modifications and/or downloading (except for page caching) of content from our stores is prohibited. Not included in this restricted license is the collection and use of any product descriptions, prices, or listings; any derivative use of our stores, catalogs or other content; any commercial use or resale of our stores, catalogs or other content; any use of data mining, robots, or similar culling and information collection devices. No portion of our content may be copied, duplicated, reproduced, visited, sold or resold, or otherwise exploited for any commercial purpose without express written consent of Language Tree Online. Restricted, nonexclusive, and rescindable rights to create a hyperlink to the homepage of any of our Site pages is permissible so long as the link does not portray Language Tree Online, our services and subscriptions, or our affiliates in a derogatory, false, misleading or otherwise repugnant matter. No part of such link can use any logo or other proprietary graphic or trademark of Language Tree Online. Without express written consent, you may not frame or use framing techniques to enclose any content, trademark, logo, or other content of Language Tree Online and our affiliates. Any unauthorized use of our stores terminates the permission or license granted by Language Tree Online.
Payment; Order Acceptance Policy
Payment of all services purchased via the Online Store is by credit card only. Credit cards accepted are VISA and Master Card. Only credit cards with U.S. billing addresses will be accepted. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of the order or our offer to sell. We reserve the right, without prior notification, to accept or decline your order or limit the order quantity for any reason. For credit card payments, such payment is subject to the approval of the financial institution issuing the credit card and we shall not be liable in any way if such financial institution refuses to accept or honor the credit card for any reason. We may require, at our option, that any order placed over certain dollar amounts receive our pre-approval. We also may require additional verification or information before accepting any order.
Product Availability
We reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all services listed on the Site, or to cancel any order.
Cancellation Policy
Any service(s) purchased via the Language Tree Online Store cannot be canceled except for under the terms and conditions of the service agreement you enter into with Language Tree Online.
Pricing
We reserve the right to change any price at which we offer goods or services and to correct any errors in the pricing contained on the Site.
Typographical Errors
Language Tree Online does not warrant that our product/service descriptions or other content are current, reliable, accurate or complete. In the event a product/service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, we shall have the right to refuse or cancel any orders placed at the incorrectly listed price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account in the amount of the charge.
Copyright
Content generated by Language Tree Online, such as text, web pages and e-mail communications, banner advertisements, graphics, photography, logos, button icons, images, video, audio clips and software, is the property of Language Tree Online or its content suppliers, and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of Language Tree Online and is protected by U.S. and international copyright laws. All software used to present and manage our services and subscriptions is the property of Language Tree Online or its software suppliers and protected by U.S. and international copyright laws. You may use the content and software published on our Site as a shopping and information resource only. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of our content or software is strictly prohibited.
Trademarks
All trademarks, service marks, and trade names employed by Language Tree Online are proprietary to Language Tree Online or other respective owners that have granted Language Tree Online the right and license to use such trademarks, service marks, and trade names, and are protected by U.S. and international trademark laws. LANGUAGE TREE ONLINE the LANGUAGE TREE ONLINE LOGO, other logos, button icons, scripts, service names, phrases, page headers and graphics are trademarks or trade dress of Language Tree. Without express written consent, Language Tree’s Online trademarks and trade dress may not be used in connection with any product or service that is not Language Tree Online’s, in any manner that is likely to cause confusion among our customers or guests, or in any manner that disparages or discredits Language Tree Online. The use of meta tags or any other concealed text or search words exploiting the name or trademarks of Language Tree Online is expressly forbidden. To the extent you have in any manner violated or threatened to violate Language Tree’s intellectual property rights, Language Tree Online may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts. Any other trademarks that appear on our Site that aren’t owned by Language Tree are the property of their respective owners, who may or may not be associated with Language Tree.
E-mails, Content, Comments and other Communications
Language Tree encourages comments, suggestions, sending of messages, posting of stories and reviews and other communications from and amongst our guests and their friends. You guarantee and depict that any review, comment, suggestion, message and other communication you submit is accurate, solely owned or controlled by you, that it does not violate these Terms and Conditions, that you will indemnify Language Tree Online and its affiliates from all claims resulting from the use by Language Tree Online of content or communications you’ve provided. Unless otherwise noted, when you submit any content to us you grant an irrevocable, nonexclusive, perpetual, royalty-free and fully sublicensable right to modify, adapt, distribute, display, translate, create derivative works from, use, reproduce, and publish such content throughout the world in any media. By submitting such content or communications to us, you also cede the right to Language Tree Online and its affiliates and any sublicensees to identify you as the author of such content or communication. However, if any such communication is deemed illegal, defamatory, obscene, injurious, threatening, an infringement of intellectual property, or otherwise harmful to Language Tree Online, to our affiliates or any third parties, Language Tree Online reserves the right (but not the obligation) to not publish or otherwise communicate such content. Language Tree Online has the right, but not the obligation, to monitor any activity and to remove any content from its stores. Language Tree Online takes no responsibility and assumes no liability for any content posted by you or any third party.
Disclaimer; Limitation of Liability
THE MATERIALS ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES, SHALL LANGUAGE TREE BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you might have additional rights. We reserve the right to terminate accounts, refuse service, remove or edit content, or cancel orders at our sole discretion.
Other Websites
Businesses other than Language Tree Online may offer services and products on or through our stores. We may also provide links to other websites which are not owned or operated by Language Tree Online. When visiting these other websites, you should thoroughly review their policies. Language Tree is not responsible for the inspection or evaluation of these websites and we do not warrant the offerings of any of these enterprises or individuals or the content of their websites. Therefore, Language Tree Online does not assume any responsibility or liability for actions, product and content relating to these or any other enterprises or individuals.
Indemnification
You hereby agree to indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, information providers, affiliates, licensors, and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees’) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions or claims arising from your account. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Governing Law
By visiting our stores you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Language Tree Online or its affiliates.
Dispute Resolution
Any controversy or claim arising out of or relating to these Terms of Conditions shall be settled by binding arbitration in the County of Alameda, California, in accordance with the arbitration rules of the American Arbitration Association then in effect, except that the arbitrator or arbitrators shall be such persons as to which all parties to the controversy or claim shall agree or in the absence of such agreement, the arbitrator or arbitrators shall be determined in conformity with the arbitration rules of the American Arbitration Association then in effect, using to the extent possible under such rules an arbitrator or arbitrators suggested by and acceptable to the parties to the arbitration.
Severability
If any of these Terms and Conditions shall be regarded as invalid, void, or for any reason unenforceable, that terms or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.
Modification and Termination
Language Tree Online may modify or terminate these Terms and Conditions at any time and may do so immediately without notice or cause. Information collected under prior policies will be subject to the modified policies.
How to Contact Us
If you have any comments or questions, please do not hesitate to contact us via email at info@language-tree.com.