Effective November 7, 2020
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING, VIEWING, OR INTERACTING WITH THIS WEBSITE IN ANY WAY, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL OF THE POLICIES INCORPORATED HEREIN.
SergiSpanishSchool.com and its officers, directors, teachers, staff, and agents (the “School” or “We,” “Us,” “Our”) provides one-on-one and group video remote/virtual classes and on-demand, pre-recorded classes and related subscription-based educational services for the purposes of teaching Spanish language to children (“Students”) through the domain and subdomains of https://SergiSpanishSchool.com and related website applications (collectively, the “Website”) and third party service providers and Internet platforms We use to render the services (collectively, the “Services”).
You and/or the School may be referred to in this Agreement, individually, as a “Party” and, collectively, as the “Parties.”
You are required to register with us and create user credentials in order to arrange for a Student to receive Our Services. We will only provide Services if You are at least 18 years of age and are the parent or legal guardian of the Student for whom You are registering and You have provided Your verifiable consent for us to render the Services. You agree to provide and maintain true, accurate, current and complete information about Yourself and the Student when inquiring about our Services and during the registration process as prompted Us or as requested by Our staff.
Agreement to Engage in Electronic Transactions
The Services described herein are provided 100% remotely. As such, We rely on the use electronic transactions, including without limitation the electronic execution of agreements and payment of invoices in connection with the Services. You understand that You are not required to consent to engage in such electronic transactions; and that, if you prefer to execute such documentation manually, You will inform us of this election in writing by sending us an e-mail to [email protected] to request printable copies of all agreements and other necessary documentation. If You do not agree to engage in electronic transactions, You agree that You must provide verifiable signatures to all hard copy agreements and mail them to us, at Your sole expense, before we can consider providing any Services to You or any Student. You agree that Your execution of any documents presented to You on this Website signifies Your assent to engage in electronic transactions for all purposes and that Your electronic signature or attestation placed on any document is authentic and is binding on You.
Free Trial Classes
The School may, from time to time, offer You a free initial or trial remote one-on-one or group video class to determine the suitability of video classes for the Student (the “Free Trial”). Such Free Trial is limited to one per Student or Student household. You acknowledge that any Free Trial is offered a courtesy, and that You are not entitled to any Free Trial, and that the School may decline to offer or provide any Free Trial for any reason, including without limitation for scheduling reasons, staffing reasons, or You or the Student’s inability or failure to appear for the free trial class.
Terms of Paid Services & Initial Consent
Subject any free trial we may offer, You agree to pay the School, in advance, for all Services selected by You and scheduled by the School pursuant to the general terms below:
- Group Live Video Classes: See current fees advertised on our Website. Our fees are generally assessed on a per-Student, per-class basis unless otherwise specified, and are subject to cancellation by Us if a minimum number of Students cannot be scheduled. In such case, any fees paid by You for a class which is canceled will be refunded in full.
- One-on-One Live Video Classes: See current fees advertised on our Website. Our fees are generally assessed on a per-Student, per-class basis unless otherwise specified.
- Subscription Classes: See the current fees listed on our Website. NOTE: For Subscription Classes and any related Subscription based Services, We require a flat rate payment, per-Student, per month, which shall be paid in advance and will recurring, month to month, unless cancelled as provided in our Cancellation Policy below.
You agree and understand that the School will need to obtain verbal prior consent from You before the start of your first class with the School. This typically requires a brief acknowledgment of such consent at the start of the first class or initiation of the Service. You agree that if You or another parent or legal guardian is not present and cannot make this affirmation at the beginning of the first class, this may be treated as “Missed Class” as defined below in our Cancellation Policy.
The School will provide an electronic invoice or direct You to an electronic request for payment form setting forth the specific current rates for the specific Service(s) requested by You. You agree that if You have any questions about the rates presented to You, You agree to contact us at [email protected] before making any payment.
You acknowledge and agree that full payment, in advance, is required before any Services are provided to You or can be scheduled for or provided to the Student.
Cancellation of Group Classes and One-on-One Live Video Classes:
- If You (or any authorized third Party or the Student) requests cancellation of any scheduled live video class more than 24 hours before the start of the scheduled class, You have the option of a replacement class for the Student (to be scheduled at a mutually agreeable time) or a full refund of Your payment for the class.
- If a class is canceled by You (or any authorized third party or the Student) less than 24 hours before the start of a scheduled class, but before the time the class was scheduled to start (“Short Notice Cancellation”), the School, at its discretion, may offer a replacement class, but is not obligated to, and You agree that the School has the right to refuse to offer any replacement class for any reason and has the right retain the money paid You paid for the class, as a fair and reasonable measure of the compensation owed to Us for the time and costs incurred by Us in preparing for the class, which time and costs You agree are otherwise difficult to calculate or fix.
- If You or the Student does not appear for the start of and misses the entire scheduled class (“Missed Class”), or You (or any other parent or legal guardian) cannot appear to give Your consent (if this is the Student’s first class with the School), no refund or replacement class will be provided, and You agree and acknowledge that the School’s retention of Your payment is a fair and reasonable measure of the compensation owed to Us for the time and costs incurred by Us in preparing for the class, which time and costs You agree are otherwise difficult to calculate or fix.
- If the Student appears after the start time of an ongoing Group Class but before it concludes, the Student is entitled to participate in the remainder of the Group Class; however, no refund or replacement for the portion of the class period missed is available, and You agree and acknowledge that the School’s retention of Your payment in such case is a fair and reasonable measure of the compensation owed to Us for the time and costs incurred by Us in preparing for the class, which time and costs You agree are otherwise difficult to calculate or fix.
- If the Student appears after the start time of a One-on-One Class, You agree this shall be treated for all purposes as a Missed Class as described above.
Cancellation of Subscription Classes:
- You shall be billed each month, in advance, for the upcoming month.
- You agree that the fee for the Service shall be re-drawn and reoccur, month to month, each month, unless a Notice of Cancellation is received as provided in the paragraph below.
- You agree and understand that the Subscription Classes may be cancelled by You by sending Notice of Cancellation via email to [email protected] at any time; however, because the Subscription Class fees are paid in advance for the upcoming month, You agree and understand that such cancellation will take effect starting with the following month, and that no partial month’s refund (either pro-rata or otherwise) is available. By way of example, if rYou initiated Service on October 1st and a Notice of Cancellation sent by You is received on October 10th, cancellation of the Service will become effective and You will no longer have access to the Service after midnight October 31st.
Cancellations by the School
If the School cancels any Services which have been paid for by You without cause, the School will either reschedule the classes at a time that is mutually agreeable for You and the School or we will provide a full refund to You, at Your election. You agree that cancellation by Us for cause shall be treated for all purposes as a Missed Class as described above.
You are prohibited from leasing, selling, copying, sublicensing, transferring, or assigning any information, intellectual property, goods, images, text, content, video, audio, logos, information, or any aspect of Our Services or the Website without Our prior written permission, which We have the right to refuse at Our sole discretion.
You are prohibited from using the Website or Services for any illegal purpose.
You are prohibited from gaining unauthorized access to the School’s data or the data of other users or Students or any other person.
You are prohibited from altering, modifying, adapting, reverse engineering, decompiling, disassembling, or hacking the School’s intellectual property.
You are prohibited from altering or modifying another website, or setting up any online account on any website, to falsely imply that it is associated with the School’s website or staff or Students.
You are prohibited from using or exporting the School’s information, products, or services in violation of U.S. export laws and regulations.
You are prohibited from violating anyone else’s legal rights (for example, privacy rights) or any laws (for example, copyright laws) in Your jurisdiction.
You are prohibited from using the Website or the School’s services to transmit content that is or could be characterized as unlawful, threatening, harassing, racist, abusive, libelous, pornographic, vulgar, defamatory, obscene, indecent, or otherwise inappropriate, including any messages constituting or encouraging criminal conduct.
You are prohibited from breaching, or attempting to breach, the Website’s security systems.
You are prohibited from failing to ensure that all users of the Website are at least 18 years of age or older.
Intellectual Property Rights and Conditions of Use
Unless otherwise permitted and consented to by Us in writing, You agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.
You acknowledge and agree that the Services may contain content or features that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws (“Intellectual Property”). Except as expressly authorized by the School, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services, in whole or in part. For the sake of clarity, you acknowledge and agree that live or prerecorded video classes, audio recordings, images, articles, logos, songs, stories, and any materials provided in connection with these or any Subscription Class Services constitutes such Intellectual Property.
Any use of the Services other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of the School, and You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, or sell, assign, sublicense, or otherwise transfer any right in any such matter. Any rights not expressly granted herein are expressly reserved by the School.
Dispute Resolution and Agreement to Arbitrate
Any and all claims, disputes or controversies arising between Us, You, and Student related to this Agreement, the Website, or the Services shall be resolved pursuant to the terms of this Agreement and subject to the terms below.
To the fullest extent permitted by law, this Agreement applies to all claims, disputes or controversies, of any kind or nature whatsoever, between the School, You, the Student, or any third party purporting or action on behalf of You or the Student, whether the claims are raised by the School, You, or the Student, or any third party purporting or action on behalf of You or the Student, including but not limited to those arising out of or related to any Services, this Agreement, the Website, and the payment or nonpayment of any of the Services (collectively, the “Claims”).
Notwithstanding any other provision herein, the Parties agree that any action of any kind commenced based on, arising from, or relating to this Agreement, the Services, or any Claim(s) shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The Parties shall attempt to agree on the selection of an arbitrator but, if they cannot agree, shall submit the matter to the a Superior Court within the City of Los Angeles to appoint the arbitrator.
The arbitration shall be held in the State of California, City Los Angeles and shall be based on California law, without regard for any conflicts of law. The arbitrator shall limit discovery to the amount necessary, taking into consideration the Parties’ desire to minimize the cost of litigation. The arbitrator shall, at the conclusion of the arbitration make a determination as to which Party is the “prevailing party” and shall award the prevailing party its costs and reasonable attorneys’ fees incurred as a result of and during the course of the arbitration. If a Party is self-represented and is determined to be the prevailing party, the self-represented Party shall receive an award of attorneys’ fees based on the reasonable value of the self-represented Party’s time spent litigating the matter. THE PARTIES AGREE AND DESIRE TO ARBITRATE ANY AND ALL CLAIMS AND KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVE THEIR RIGHT TO A COURT AND A JURY TRIAL.
If any provision of this Agreement is held to be invalid or unenforceable, in whole or in part, the remaining provisions of this Agreement shall continue to be valid and are required to be complied with to the fullest extent permitted by law in order to permit the maximum enforceability of this Agreement.
Indemnity and Release
You agree to release, indemnify and hold Us and Our affiliates and officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to Your use of the Website or Services. You also agree to waive, if a California resident, California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If You are a resident of another jurisdiction, You agree to waive any comparable or analogous statute or doctrine to the fullest extent of the law.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICES PROVIDED ARE ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SCHOOL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE SCHOOL MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SCHOOL WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE SCHOOL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES.
IN NO EVENT WILL THE SCHOOL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO THE SCHOOL IN THE LAST SIX (6) MONTHS, OR, IF GREATER, THE SUM OF ONE HUNDRED DOLLARS ($100).
TO THE EXENT YOUR JURISDICTION DOES NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
IF ANY PORTION OF THESE LIMITATIONS OR THIS AGREEMENT IS HELD TO BE INVALID UNDER THE LAWS OF YOUR STATE, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS, AND YOU AGREE THAT ANY COURT OR TRIBUNAL HAS THE AUTHORITY TO REFORM THIS AGREEMENT, AS NECESSARY, TO CARRY OUT THE EFFECT OF THE REMAINING PORTIONS.
Term, Termination, and Survival
This Agreement is created between You and the School at the moment You begin interacting with the Website or Services. If You are a Website user or visitor, who has not scheduled any video class or Service for which payment is required or requested, then this Agreement terminates when You leave and are no longer availing Yourself of the Website or Services. If You have requested Services for which payment is required or requested, then this Agreement remains in effect and cannot be cancelled until You have complied with all the requirements of this Agreement, including the agreement to pay for the Services. Any failure to pay for Services resulting in a balance on Your account will accrue interest at the rate of 10% or the maximum legal rate allowed by law, if lower.
The terms of this Agreement and any invoices or registrations submitted as referenced in this Agreement or necessary to receive the Services constitute the entire agreement between You and the School and govern Your use of the Services, and supersede any prior agreements or written or oral representations between you and the School with respect to the Services or this Agreement. You also may be subject to additional terms and conditions that may apply when You use affiliate or third-party services, third party content or third-party software.
With respect to any disputes or Claim(s) for which the requirement to arbitrate set forth above is deemed by a court with appropriate jurisdiction to be unenforceable for any reason, You and the School agree to submit to the personal and exclusive jurisdiction of the state and federal courts of California, specifically the Los Angeles Superior Court, Stanley Mosk Courthouse, or the United States District Court for the Central District of California State of California, Western Division Courthouse in City of Los Angeles , to resolve any such dispute or Claim(s).
Limitations of Actions
You agree that regardless of any statute or law to the contrary, any disputes or Claim(s) of any kind must be filed and commenced in a manner provided in this Agreement and within one (1) year after such Claim or cause of action arose or be forever barred. You acknowledge and agree that a printed version of this Agreement and of any notice given to You in electronic form shall be admissible in any judicial or administrative or other proceeding, and shall be afforded the same effect shall be subject to the same conditions as other business documents and records generated and maintained in printed form. You are prohibited from assigning any rights, obligations, duties, or provisions in or related to the Agreement to any person or entity without the prior written consent of the School.
The section titles in this Agreement are for convenience only and have no inherent legal or contractual effect. Notices to you may be made email or regular mail. The Website or Services may also provide notices to You of changes this Agreement or any other matters by displaying notices or links to notices.
If You have any questions about this Agreement or would like to discuss any of its terms, please contact Us at 200 S BARRINGTON AVE # 49827, LOS ANGELES, CA 90049-9998 or by e-mailing Us at: [email protected].