Terms and Conditions
Terms and Conditions agreement between the User and Spanish for You, Inc.
Welcome to spanish-for-you.com website (the “Site”)! The Site is comprised of various web pages operated by Spanish for You, Inc. (the “Company”) and is provided to you under the terms, conditions, and notices contained in the Site (the “Terms”). Your use of the Site constitutes your acceptance and agreement to all of the Site’s Terms. Please read these terms carefully.
Content of Site
The Site is an E-Commerce site and is used to sell Spanish curriculum for children grades 3-8 for home or class use. The Site is also used to provide practice ideas for learning Spanish, teaching ideas, as well as provide some free downloadable resources containing PDF and/or MP3 files. The products sold on the Site for home use are in packages consisting of PDF and MP3 downloads and a physical book. The products sold for class use are sold in teacher packages consisting of PDF and MP3 downloads and a physical book and as needed, physical books for students, which are sold separately from the teacher packages. There are also physical books available for sale as supplemental, extra, or replacement items. Fully downloadable products in PDF and/or MP3 format, are available for sale and include Holiday Lessons, Learning Songs, and Downloadable Supplemental Resources.
Your visiting the Site constitutes “electronic communications”. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures and other communications that the Company provides you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
“Opt-Out/Opt-In” of Special Notices and/or Subscriber List:
The Company may periodically send communications in relation to products you have purchased from the Site. These communications may include product updates or customer service follow up to see how your use of the product is going. If you do not wish to receive such communications, you can “opt-out” by clicking “Unsubscribe” in the footer of the next e-mail communication.
The Company also offers you the option to “opt-in” to the Company’s subscriber list to receive a monthly newsletter and occasional special offers or announcements. After you subscribe (e.g., ‘opt-in’), you are able to unsubscribe (e.g., ‘opt-out’) at any time by clicking “Unsubscribe” in the footer of any of the electronic communications.
If you use this Site, you are responsible for maintaining the confidentiality of your account and password, for restricting access to your computer, and for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge the Company is not responsible for any third party access to your account including access that results from theft or misappropriation of your account. The Company and its affiliates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Use of Passwords and Downloads
Only you may use your password and download links. You may not disclose download links to anyone else. You agree that you will be solely responsible for any use of your Account and download links. For the Company’s download products, you agree that with respect to any content you download you are provided with 5 attempts or 120 hours to download the product. You are not authorized to share or otherwise transfer your download links or the downloaded content with anyone. You may not record or copy content from the Site that is streamed to your computer. To the extent technologically possible, the Company’s intent is to prevent unauthorized use or copying of the Site’s content. Thus Content streamed or downloaded to you from the Site may include files or other code that would cause your computer to notify the Company any time you make, or attempt to make, a copy of the streamed or download content and further, may prevent you from making such unauthorized copies. In addition, such included files or other code may prevent you from distributing (by e-mail, peer-to-peer network file sharing or otherwise) any of the streamed or download content you receive from the Company. You warrant that you will not attempt to nor will you, circumvent any copy management protections encoded into the Company’s content.
Children Under Thirteen
The Company does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use this Site only with permission of a parent or guardian.
There is a 30-Day Money Back Guarantee on all home use products and teacher packages as well as unused and in resalable condition physical items. If you are not satisfied with your purchase, please contact the Company at firstname.lastname@example.org. You will be provided with instructions on how to return the products or other physical items received in your purchase. Upon receipt of your returned products, we will provide you with a full refund based on your purchase price of the returned product. Fully downloadable products are not refundable.
Links to Third Party Sites/Third Party Services
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of the Company and therefore, the Company is not responsible for the contents of any Linked Site, including without limitation any link(s) contained in a Linked Site, or any changes or updates to a Linked Site. These Linked Sites are provided to you only as a convenience, and the inclusion of any Linked Site does not imply endorsement by, or any association of the Linked Site with, the Company.
Certain services made available via the Site may be delivered by third party sites and organizations. By using any product, service or functionality originating from the Site, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of the Site’s users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes to either the content or such notices and legends.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. The Site’s content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any of the Site’s content, and in particular you will not delete or alter any proprietary rights, legends or notices in any content. You will use the Site’s content solely for your personal use or for use with a class you teach, and will make no other use of the content without the express written permission of the Company and, if appropriate, the copyright owner of the specific content. You agree that you do not acquire any ownership rights in any content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms or by law.
The content and products on this Site are created by and for the Company and are subject to United States Copyright Law and other laws and regulations protecting intellectual and proprietary rights. The reproduction, processing, distribution and any kind of exploitation outside the limits of copyright laws require the written consent of the Company. Free downloads, products for purchase, and any content from this Site are for private, non-commercial use only.
The Site is controlled, operated and administered by the Company from our offices within the United States. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the Site’s content in any country or in any manner prohibited by any applicable laws, restrictions or regulations of your location.
You agree to indemnify, defend and hold harmless the Company and its officers, directors, employees, agents, affiliates and other representatives for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of, or inability to use, the Site or services offered through the Site, any user postings made by you, your violation of any Terms, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in the assertion of any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms then such dispute may be resolved by a final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by you and the Company, in a location mutually agreed upon by you and the Company. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree arbitration of all disputes and claims in regards to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms, is a reasonable approach to resolve such disputes. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, MATERIALS, CONTENT AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION IN THESE TERMS AND/OR RELATIVE TO THE SITE. IN ADDITION, THE COMPANY AND/OR ITS EMPLOYEES, AGENTS, SUPPLIERS OR OTHER REPRESENTATIVES MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
THE COMPANY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, MATERIALS, CONTENT, AND SERVICES CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, MATERIALS, CONTENT AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, MATERIALS, CONTENT AND SERVICES INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE, THE PROVISION OF OR FAILURE TO PROVIDE ACCESS TO THE SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, MATERIALS, CONTENT, AND SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS , YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
The Company reserves the right, in its sole discretion, to terminate your access to the Site and the related materials, content and/or services at any time, without notice. To the maximum extent permitted by law, these Terms are governed by the laws of the State of Illinois and you hereby consent to the exclusive jurisdiction and venue of courts in Illinois in all disputes arising out of or relating to the use of the Site which are brought in court. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms or use of the Site. The Company’s performance under these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of the Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by the Company with respect to your use of the Site. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
Unless otherwise specified , these Terms constitute the entire agreement between you and the Company with respect to the Site and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between your and the Company with respect to the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in an arbitration, judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be written in English.
Changes to Terms
The Company reserves the right, in its sole discretion and without prior notice, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of any updates.
The Company welcomes your questions or comments regarding the Terms. Please contact us at:
Spanish for You, Inc.
PO Box 1444
Batavia, Illinois 60510
Email Address: email@example.com
Telephone number: 844-772-6968
Effective as of December 29, 2020