Terms
of Use for The Spanish Institute in San Diego
Hi!
Thank you for your interest in The Spanish Institute, the service to help
people learn languages operated by The Spanish Institute (“we” or the
“Company”).
The
Company permits access to its website http://www.thespanishinstitute.org (the
“Website”) free of charge to provide information about products, services and
learning languages. By accessing any area of the Website, you agree to be
legally bound by these Terms of Use (this “Agreement”), whether or not you
complete the registration form (the “Registration”).
The
Company also offers other products and services (collectively the
“Service”). If you wish to partake in or make use of the Service, or
obtain the Service for a trade, business, professional or fraternal
organization ("Corporation”) or for someone under eighteen in your care
("Minor"), please read these Terms of Use and indicate your
acceptance of them by following the instructions on the Registration.
This
Agreement sets out the legally binding terms of use of the Website and the
Service and may be modified by the Company from time to time, such
modifications to be effective upon “Notice” (sending notice to you at the mail
address or email address you provide in the Registration, or such other mail
address or email address as you may later provide to us), and upon posting by
the Company on the Website. You may also receive a copy of this
Agreement, the Company’s Privacy Policy and/or the Registration at our Website
or by sending a request to 2745 Jefferson St. Carlsbad CA 92008.
1.
Eligibility.
You must be eighteen or over to obtain the Service for yourself, Corporation
and/or Minor (collectively “Users”). By signing the Registration, you
represent and warrant that you have the right, authority and capacity to enter
into this Agreement and to abide by all of the terms and conditions of this
Agreement.
2.
Term.
This Agreement will remain in full force and effect while you, Corporation
and/or Minor uses the Service (even if Minor turns eighteen during this
time). You may terminate the Service at any time, for any reason upon
receipt by the Company of your written or email notice of termination. The Company may terminate the Service for any reason upon issuing Notice to
you. Even after the Service is terminated, this Agreement will remain in
effect. Even after this Agreement is terminated, certain provisions will
remain in effect, including sections 6-14 of this Agreement.
3.
Refunds and Make-ups.
Classes must be cancelled by email at least 24 hours before the session takes place in order to receive a refund. There will be a processing fee of $49 for all refunds. If you are sick or unable to attend a class session, upon request and subject
to session availability you can attend another class session
within the same term as a make-up. Without notice, if you don’t
take classes in 30 days from enrollment the classes will expire. Any student that ask for a refund will Not be accepted to any of our future services and will also be denied from all of our associated Educational Schools.
4.
Education.
You represent that your purpose for using the Website
and/or the Service is a vocational or recreational in nature, or if obtained by
or through Corporation, that the Service will be offered solely for that
organization's membership.
5.
Copyright Policy.
You, Corporation (if any) and Minor (if any) (collectively “Users”) may not
post, distribute, or reproduce in any way any copyrighted material, trademarks,
or other proprietary information without obtaining the prior written consent of
the owner of such proprietary rights.
6.
Law and regulations.
Users must use the Website and/or the Service in a manner consistent with any
and all applicable laws and regulations.
7.
Privacy.
Use of the Website and/or the Service is also governed by our Privacy Policy.
8.
Disclaimers.
The Company is not responsible for the conduct of any User. Under no
circumstances will the Company be responsible for any loss or damage, including
personal injury or death, resulting from any partaking in or use of the Website
and/or the Service or any interactions between Users. The Company may
permit independent contractors to offer products or services to Users. The Company does not in any way make any representations or warranties
concerning, or guarantee the quality or reliability of, these products or
services. The Website and/or the Service are provided "AS-IS"
and the Company expressly disclaims any warranty of fitness for a particular
purpose or non-infringement. The Company cannot guarantee and does not
promise any specific results from use of the Website and/or the Service.
9.
Limitation on Liability. Except in jurisdictions where such provisions are
restricted, in no event will the Company be liable to any User or any third
person for any indirect, consequential, exemplary, incidental, special or
punitive damages, including also lost profits arising from partaking in or use
of the Website and/or the Service, even if the Company has been advised of the
possibility of such damages. Notwithstanding anything to the contrary contained
herein, the Company’s liability to any User for any cause whatsoever, and
regardless of the form of the action, will at all times be limited to the
amount paid, if any, by such User to the Company for the Website and/or the
Service.
10.
Safety and Waiver Release. The safety of you and those in your care is important to
us. The Company has general liability insurance for its operations and
disability insurance for its employees; however, please note that the Company
does not carry medical insurance for injuries sustained by Users during use of
the Service. Therefore, you should review your own health insurance
policy or policies for coverage. You understand that the Company does not
accept responsibility for, and you agree to assume the full risk of, any
injuries, damages or losses you and/or Minor (if any) may sustain as a result
of using the Service. On behalf of yourself, your spouse (if any) and
Minor (if any), you hereby waive, relinquish, fully release and discharge, and
further agree to indemnify, hold harmless and defend the Company, its owners,
subsidiaries, affiliates, officers, agents, and other partners and employees
against any and all rights, claims, causes of action and liabilities of any
sort that you, your spouse (if any) or Minor (if any) may have now or in the
future, including but not limited to, any claims for personal injuries, medical
expenses, property damage, or losses sustained by you, your spouse (if any) or
Minor (if any) arising out of, connected with, or in any way associated with
the Service.
11.
Permission to Secure Treatment. You authorize, for emergency purposes only,
any designated employee of the Company to consent to any necessary examination,
anesthetic, medical diagnosis, surgery, or treatment, and/or hospital care to
be rendered to you or to Minor (if any), and agree that you will be responsible
for payment of any and all medical services required.
12.
Use of Photographic Images. Users agree that any photography or video taken while
participating in a Company class, event or facility may be used by the Company
for promotional purposes.
13.
Disputes.
If there is any dispute about or involving the Website and/or the Service, you
agree that the dispute will be governed by the laws of the State of California without
regard to its conflict of law provisions. You agree to personal jurisdiction by
and venue in the state and federal courts of the State of California, City of San Diego.
14.
Indemnity.
You agree to indemnify and hold the Company, its owners, subsidiaries,
affiliates, officers, agents, and other partners and employees, harmless from
any loss, liability, claim, or demand, including reasonable attorney's fees,
made by any third party due to or arising out of your use (and Corporation's
use, if any, and Minor's use, if any) of the Website and/or the Service in
violation of this Agreement and/or arising from a breach of this Agreement
and/or any breach of your representations and warranties set forth above.
15.
Other.
This Agreement, accepted upon use of the Website and/or by completing the
Registration, contains the entire agreement between you and the Company
regarding the use of the Website and/or the Service. If any provision of this
Agreement is held invalid, the remainder of this Agreement shall continue in
full force and effect.
Please
contact us with any questions regarding this agreement. The Spanish
Institute is a service mark of The Spanish Institute, Inc.
I
HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.