Last upadated: August 1, 2020
The www.seehearspeakenglish.com website, and all of the various pages contained therein, including subdomains, as well as your use of the products and services offered therein, are maintained and operated by Mi Gata Gordita Media, defined below.
Please read these Terms of Service (“Terms”) carefully as they describe your relationship with us and govern your use of inglesconversacional.co, and the products and services offered by us.
These Terms shall also govern your use of any other website that currently exists or may exist or be created by us in the future, associated widgets, mobile applications and other distribution platforms (all of the foregoing are hereinafter referred to as the “Site”).
Feel free to print a copy of these Terms for your future reference.
We may from time to time change these Terms. Such changes will be posted here and may also be communicated to you by any written method of contact we have with you. However, these changes are effective on the date posted on our Site.
These Terms are a legal agreement between you and us and contain important information about your legal rights, remedies and obligations. By accessing, browsing or otherwise using the Site, you: (i) acknowledge that you have read, understand and agree to be bound by these Terms; (ii) agree to comply with all applicable laws, rules and regulations with respect to your use of the Site; and (iii) represent that you are an adult and have the legal capacity to enter into contracts in the jurisdiction in which you reside.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS, BROWSE OR USE OUR SITE, AND YOU MUST DISCONTINUE YOUR ACTIVITIES IMMEDIATELY.
“See Hear Hear Speak English”, the “Company”, “we”, “us”, “our” or “us” includes Curtis Penner, employees, contractors, attorneys and agents (current and former) and any related persons or entities.
Service or Services means any of the Site or other products or services provided or offered by us, including those described in these Terms, whether through a website owned, maintained or controlled by us, through a social network, a mobile application, on a cell phone or otherwise.
Content means all content and materials appearing on the Site.
Lifetime: To the extent that you are a “lifetime” customer or have been granted “lifetime access”, you are entitled to use a program for as long as the program is available from Mi Gata Gordita Media.
We require that an individual be at least eighteen (18) years of age to be a user of our Site. This Site is not directed to children under the age of 13, nor do we knowingly collect information about children under the age of 13. If you are under 13, you are not permitted to submit personal information to us. If we discover that you are under 13, we will terminate your account immediately upon notification and delete all of your content. If a parent becomes aware that one of their children has sent us personally identifiable information (“PII”), please notify us immediately at email@example.com or See Hear Speak English c/o Curtis Penner, #1001 – 460B Belmont Ave W., Kitchener, Ontario, Canada, N2M 0B3.
You may access, browse and use the Site and its content for limited purposes only. Your use is limited to your personal, non-commercial use of the Site. If you post content on our Site or submit any material (including, without limitation, comments, blog entries, Facebook posts, photos and videos) through the Site, Internet groups, social media or to any member of our staff by email, text or any other means, you are representing:
(i) that you are the owner of the material, or that you are making your publication or submission with the express consent of the owner of the material; and
ii) That you are thirteen years of age or older. In addition, when you submit, email, text or otherwise deliver or post any material, including photographs, you grant to us, and to anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide, royalty-free, irrevocable license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose whatsoever.
The foregoing grant shall include the right to exploit any proprietary rights in any such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws in any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant to us, and anyone else authorized by us, the right to identify you as the author of any of your postings or submissions by name, e-mail address or screen name, as we deem appropriate.
You acknowledge and agree that any contributions originally created by you for us, including social media posts, will be considered a “work made for hire” when the work performed falls within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Act, as amended. As such, the copyright in such work shall belong to the Company from its inception. Thus, the Company shall be deemed to be the exclusive author and owner thereof and shall have the right to exploit any and all results and benefits in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as determined by the Company. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to the Company all proprietary rights, including, without limitation, the following, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any published material which is a reproduction of prior works of yours shall be our property.
You acknowledge that the Company has the right, but not the obligation, to use and display any such publication or contribution of any kind and that the Company may elect to discontinue using and displaying any such materials (or any portion thereof), at any time and for any reason.
You may access portions of the Site without purchasing anything or creating an account. However, there is content on this Site that is only available if you create an account or make a purchase. When any of the Site Services require you to open an account or provide registration or user information, including user name and password (“User Information”), you must complete the registration process by providing us with complete, truthful and accurate information. You are responsible for maintaining the confidentiality of your user name, password and other information used to register and log in to the Site, and are fully responsible for all activities that occur under this password and user name. Please notify us immediately of any unauthorized use of your account or any other breach of security by contacting us at firstname.lastname@example.org or Conversational English, c/o Curtis Penner, #1001 – 460B Belmont Ave W., Kitchener, Ontario, Canada, N2M 0B3. In the event that you use the Site on any cellular/mobile device, you hereby acknowledge that your carrier’s normal rates and charges, such as bandwidth overage charges, will still apply. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
By using the Site, you will be subject to all rules and policies displayed. Such rules and policies are incorporated by reference into these Terms. We may also offer other content and/or services that are governed by other Terms.
Curtis Penner, as owner of SeeHearSpeakEnglish.com, is the exclusive owner or licensee of all Content, and all intellectual property rights related thereto, including, but not limited to, all copyrights, moral rights, trademark rights and patent rights (the “IP”). Our Content includes, but is not limited to, all features, functions, services, software, algorithms, designs, objects, documentation, know-how, code, data, artwork, graphics, animation, photographs, images, text, music, sound effects, audio and/or audio-visual elements, downloadable materials, appearance, design, layout, organization, presentation, user interface, navigation and stylistic convention of the Site.
All trademarks, trade names, copyrights, logos and service marks, whether registered or unregistered (collectively, the “Marks”) relating to or constituting our intellectual property are our exclusive property. The Site and our Services and Content are protected by copyright, trademark and other laws of the United States and other countries. Unauthorized use of any of the Marks is strictly prohibited by law. All third party trade names, trademarks, logos and service marks, if any, appearing on the Site are the property of their respective owners.
You do not acquire any ownership interest in the intellectual property or Marks by accessing, browsing or otherwise using the Site. You may not reproduce, copy, modify, distribute, transmit, display, perform, publish or otherwise exploit, through any media or medium, any of our intellectual property rights or Marks. This Site and all materials available on this Site are owned by us and/or our affiliates or licensors, and are protected by copyright, trademark and other intellectual property laws. The Site is provided solely for your personal, non-commercial use. You may not use the Site or the materials available on the Site in any manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, repost, upload, post, transmit, translate, sell, create derivative works from, exploit or distribute in any manner or by any means (including e-mail or other electronic means) any materials on the Site. However, from time to time, you may download and/or print one copy of individual pages from the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
You may establish a hypertext link to the Site so long as the link does not state or imply an endorsement of your site by us or the Site. However, you may not, without our prior written permission, frame or link in-line to any of the contents of the Site, or incorporate into another website or other service any of our materials, content or intellectual property.
We may prevent unauthorized use of the Site through technological means. You agree not to circumvent or attempt to circumvent these means. You agree that any attempted circumvention or unauthorized use by you or anyone on your behalf will result, at a minimum, in the termination of all of your rights to our products and services under these Terms.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides a remedy for copyright owners who believe that material appearing on the Internet infringes their rights under United States copyright law. If you believe in good faith that materials hosted by the Company infringe your copyright, you or your agent may send the Company a notice requesting that the material be removed or access to it blocked. Any notification by the copyright owner or a person authorized to act on its behalf that does not comply with the requirements of the DMCA will not be deemed sufficient notice and will not be deemed to confer on the Company actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send the Company a counter-notice. All notices and counter-notices must comply with the applicable legal requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. The Company’s copyright agent for the notice will be email@example.com.
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. You further agree that your use of the Site is for private, personal purposes only. You further warrant and represent that you will not engage in any activities that expose you to civil and/or criminal liability.
We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not do so:
The Company or its designated agents may remove or alter any user-created content at any time and for any reason. Message boards, chat rooms and other public forums are intended to serve as discussion centers for users and subscribers.
The information and content posted in these public forums may be provided by Company personnel, by the Company’s outside contributors or by users unrelated to the Company, some of whom may employ anonymous user names. The Company expressly disclaims all liability and endorsement and makes no representations as to the validity of any opinion, advice, information or statement made or displayed in these forums by any third party, nor are we responsible for any errors or omissions in any such postings, or for any hyperlinks included in any messages. Under no circumstances shall we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The views expressed in these forums are solely the views of the participants, and do not reflect the views of the Company or any of its subsidiaries or affiliates.
Company has no obligation to monitor the content or postings on message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same in our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our customers, sponsors, users and visitors.
Some of the content on our Site can only be viewed if you purchase or pay for a course. Details of these products and programs are available in various areas of the Site and allow you to purchase products, features or services.
You agree to pay all applicable fees and taxes incurred by you or any person using your Account. Unless otherwise indicated, all currency references are in U.S. dollars. All fees and charges are payable in accordance with the payment terms in effect at the time the fee or charge is paid. If there is a dispute regarding payment of fees or the products or Services we provide, your Account may be closed without notice and at our sole discretion.
We may, from time to time, modify, amend or supplement our fees and fee billing methods, and such changes will be effective immediately upon posting on the Pricing page, these Terms or elsewhere on the Site.
Please refer to the refund policy provided with the plan, program or content you have purchased. You understand and agree that we are only obligated to reimburse you as set forth in the applicable refund policy.
Cancellation of Recurring Charges: If you purchase a program that has monthly recurring charges, you may cancel future billing and terminate your participation in the program by contacting us at firstname.lastname@example.org. Your request will be effective for the next billing cycle.
The Site may contain links to third party websites. If you click on these links, you will leave our Site.
These third parties and their websites are not under our control. We are not responsible for their content or operation. By providing links to these websites, we do not approve, warrant or endorse, or otherwise make any representations about them or their owners or operators, and we assume no liability related to them. You should exercise your own judgment in evaluating and using these websites.
You expressly release us from any liability arising from your use of any third party websites, services or content. You specifically agree that we are not liable for any loss or damage of any kind resulting from or arising out of your dealings with such third party websites and/or their providers.
Payments for our Services are processed by a third party, using the third party’s secure software. That third party is responsible for processing credit card payments and storing credit card information for the Site.
You expressly release us from any and all liability arising from the processing and storage of your credit card information by the credit card processor.
We manage, control and operate the Site from Kitchener, Ontario, Canada. The Site is accessible worldwide. However, some of its features or functions may not be available or appropriate for use outside of Canada and/or may not be available to all persons or in all geographic locations. We make no representation that the Site or our Content and/or Services are appropriate or authorized for use in all countries, states, provinces, counties, localities or any other jurisdiction.
Your access to and use of the Site may not be legal in your jurisdiction. If you choose to access, browse or use the Site, you do so on your own initiative and at your own risk, and you are responsible for compliance with all applicable laws if, and to the extent that, such laws and restrictions apply. We reserve the right to limit, in our sole discretion, the provision of any feature or function of the Site to any person and/or geographic area. Any offer of any feature or function made on the Site is void where prohibited.
AS A USER, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITE IS TO CANCEL YOUR ACCOUNT AND DISCONTINUE ALL USE OF THE SITE.
THEREFORE, EXCEPT AS SET FORTH BELOW, UNDER NO CIRCUMSTANCES, INCLUDING ANY BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ARISING UNDER ANY OTHER LEGAL OR EQUITABLE THEORY WITH SEEHEARSPEAKENGLISH.COM, ITS SUBSIDIARIES OR PARENT OR AFFILIATED COMPANIES, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE (INCLUDING WITHOUT LIMITATION THE USE OF OR RELIANCE ON INFORMATION AVAILABLE ON OR AT THE SITE OR OTHERWISE RELIED UPON OR USED BY US IN THE DELIVERY OF THE SITE, AND/OR ANY INTERRUPTION, ERROR, DEFECT, MISTAKE, OMISSION, DELETION OF FILES, DELAY IN OPERATION OR TRANSMISSION, NON-DELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, AND/OR ANY OTHER FAILURE OF PERFORMANCE), OR FOR ANY CONTENT, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED OR ACCESSED THROUGH THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER.
THIS SITE IS UNDER CONTINUOUS DEVELOPMENT AND THE COMPANY MAKES NO WARRANTIES OF ANY KIND, IMPLIED OR EXPRESSED, AS TO ITS ACCURACY, COMPLETENESS OR FITNESS FOR ANY PURPOSE.
IN NO EVENT SHALL MI GATA GORDITA MEDIA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE, THE AMOUNT PAID BY YOU TO US FOR YOUR USE OF THE SITE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING YOUR CLAIM.
Some jurisdictions do not allow disclaimers of implied warranties, so the above disclaimers may not apply to you.
Some states or jurisdictions do not allow the exclusion or limitation of consequential or incidental damages and, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
If any particular type of damage cannot be waived or can be waived under the law, the remainder of the waiver shall remain valid and shall continue to waive any other form of damage that may be waived under the law.
If you believe that your rights, or the rights of a third party, are being violated in any way by any content accessible on or through the Site, including copyright, please contact us at email@example.com, or SEE HEAR SPEAK ENGLISH, c/o Curtis Penner, #1001 – 460B Belmont Ave W., Kitchener, Ontario, Canada, N2M 0B3.
You agree that we may assign any of our rights, and/or transfer, subcontract or delegate any of our obligations, under these Terms. You may not transfer or assign your rights and obligations under these Terms to any third party without our prior written consent.
We reserve the right to modify these Terms and/or any other guidelines or policies affecting the Site at any time, and such revisions will be effective upon the earlier of (i) posting the revisions on the Site, or (ii) distributing the revisions by email. For this reason, please visit this page regularly and check the “Last Updated” date at the top of these Terms to ensure that you are familiar with the most recent version of these Terms. Your continued use of the Site after the effective date of any revisions means that you accept those revisions. You will have no claim, complaint or claim against us for the implementation of such changes or for failures related to such changes.
Upon termination of your access to or ability to use our Site, including, without limitation, the suspension of your Account, your right to use or access any Services and/or Content will immediately cease. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, dispute resolution (arbitration) provisions and class waiver provisions. Termination of your access to and use of our Site will not relieve you of any obligations arising or accruing prior to such termination or limit any liability you may have to us or any third party.
By terminating your Account or deleting any particular Service or Content, you acknowledge and agree that: (a) caching, copies or references to the Content may not be immediately deleted; and (b) such deleted Content may persist in backup copies (unavailable to others) for reasonable periods of time. You agree to release and indemnify us from all claims relating to the retention of the deleted Content.
You hereby agree that we shall have the sole right and obligation to control the legal defense against such claims, demands or suits, including the right to select counsel of our choice and to compromise or settle such claims, demands or suits.
To the fullest extent permitted by law, you release us and any of our trustees, members, directors, officers, shareholders, employees, representatives, consultants, attorneys, agents, suppliers, distributors, licensors and/or licensees from any and all liability, responsibility, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the following: (i) disputes between users, including between you and other users; (ii) third party sites and services, including Content found on such sites and services; (iii) disputes relating to any use of or action taken with your Account; and (iv) claims relating to unauthorized access to any data communications or Content stored in or related to your Account, including unauthorized use or alteration of such communications or your Content.
In addition, it waives any and all benefits and rights to which it would otherwise be entitled under the provisions of any federal or state common law statute or principle of any state of the United States, or any political entity or national, provincial or local law or regulation that may govern this release, which statute, regulation, law or principle.
You agree that the laws of Canada and, more specifically, the laws of the Province of Ontario, without regard to any principles of conflicts of laws, will govern these Terms, your use of the Site and all matters relating to your access to and/or use of the Site, including all disputes between you and us. You further agree that: (i) the Site shall be deemed to be based exclusively in Florida; and (ii) the Site shall be a passive site that shall not give rise to personal jurisdiction over us, whether specific or general, in any jurisdiction other than Ontario.
You and we waive our respective rights, if any, to bring any claim that is subject to this arbitration provision as a class action or otherwise in representative form. In the event that this provision is held unenforceable and the matter is allowed to proceed in arbitration as a class or representative action, then the entirety of this arbitration agreement (including all subparts) shall be void and of no further effect, and either party may proceed to pursue the action in court. Notwithstanding the foregoing binding arbitration procedure, either party may bring an individual action in small claims court (provided that the claim otherwise qualifies for such program) as an alternative to the arbitration procedure.
You may opt out (opt out) of the final and binding arbitration proceeding and class action waiver specified in these Terms and Conditions by doing the following: Within 15 days of your first access to the Site, you must send us a letter to: See Hear Speak English, c/o Curtis Penner, #1001 – 460B Belmont Ave W., Kitchener, Ontario, Canada, N2M 0B3 specifying (1) your name, (2) your IP address(es), (3) your email address, (4) your mailing address, and (5) your request to be excluded from the final binding arbitration provision and class action waiver specified in these Terms. You need not send the letter by certified mail, return receipt requested, or overnight courier, but it is recommended that you do so. Your opt-out request will only be effective and enforceable if you can demonstrate that the request was postmarked within the applicable 15-day period.
If any court of competent jurisdiction finds these arbitration provisions and/or class action waiver to be invalid or unenforceable, you consent to the exclusive jurisdiction of the federal and provincial courts located in Kitchener, Ontario, and related courts, in any related action or proceeding. In addition, you irrevocably submit to the exclusive jurisdiction and venue of the provincial and federal courts located in Kitchener, Ontario and related courts in any related action or proceeding and agree not to raise any claim that Kitchener, Ontario is an inconvenient forum.
Our failure to enforce any right or provision of these Terms shall not be deemed a waiver or relinquishment of such rights or provisions. Any waiver of any right or provision of these Terms must be in writing.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including the warranty disclaimers and liability limitations set forth elsewhere herein, then the invalid or unenforceable provision(s) will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms will continue in full force and effect.
These Terms constitute the entire agreement between you and us and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to your use of the Site and all matters relating to your access to and/or use of the Site, our Services and our Content.
Neither party, nor any of their respective counsel, shall be deemed to be the drafter of this agreement for the purpose of interpreting any provision hereof in any judicial or other proceeding that may arise between the parties. These terms and the rights, benefits and obligations contained herein are fully assignable by us and shall be binding upon and inure to the benefit of our successors and assigns.
Except as otherwise expressly provided in these Terms and Conditions, there shall be no third party beneficiaries of this agreement.
The headings in these Terms are for convenience only and have no legal or contractual effect.
We may terminate these Terms for any reason or no reason at any time by notifying you by notice on the Site or by any other method of communication provided elsewhere herein. Such termination will be without prejudice to our rights, remedies, claims or defenses hereunder. “Include”, “Include”, “Including”, “including”, “includes” and “including” mean herein including without limitation.
You may contact us regarding any questions about the Site or these Terms at firstname.lastname@example.org or See Hear Speak English, c/o Curtis Penner, #1001 – 460B Belmont Ave W., Kitchener, Ontario, Canada, N2M 0B3.
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