Terms and Conditions

Terms of Service

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.

Legal agreement

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.

Our allowing you to access our Site is conditioned on your agreement to all of the Terms, including your compliance with our policies, including our Privacy Policy, as well as our agreement to arbitrate individual disputes, rather than using class actions or jury trials.

The Site may not be used in any manner not expressly permitted by these Terms and our related Privacy Policy found here.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS, BROWSE OR USE OUR SITE, AND YOU MUST DISCONTINUE YOUR ACTIVITIES IMMEDIATELY.

BY ACCESSING THE SITE, YOU AGREE TO THESE TERMS, OUR PRIVACY POLICY AND/OR ANY PART THEREOF, AS UPDATED OR REVISED FROM TIME TO TIME.

Definitions

“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.

You must be 18 years of age to use our site.

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 curtis@seehearspeakenglish.com or See Hear Speak English c/o Curtis Penner, #1001 – 460B Belmont Ave W., Kitchener, Ontario, Canada, N2M 0B3.

You understand and agree that your use of the site is restricted.

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 curtis@inglesconversacional.co 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.

We respect your privacy

To access certain features of the Site, we may ask you to provide certain demographic information, such as your gender, year of birth, zip code and country. In addition, if you choose to register for a particular feature of the Site, such as chat rooms, web logs or bulletin boards, you may be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

We respect your privacy. Our Privacy Policy, located here, forms a part of these Terms and explains how we collect, use and protect your personal information. By agreeing to these Terms, you consent to our collection and use of your personal information as described in our Privacy Policy.

We own our intellectual property

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 curtis@seehearspeakenglish.com.

Por favor, utilice nuestro sitio de forma responsable

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:

  • Restrict or inhibit any other user from using and enjoying the Site.
  • Use the Site to impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity.
  • Interfere with or disrupt any server or network used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
  • Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
  • Obtain unauthorized access to the Site, or any account, computer system or network connected to this Site, by hacking, password mining or other unlawful means.
  • Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
  • Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmission that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
  • Use the Site to post or transmit any information, software or other material that violates or infringes the rights of any third party, including material that constitutes an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary rights, or derivative works with respect thereto, without first obtaining the permission of the owner or rights holder.
  • Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
  • Use the Site to post, transmit or otherwise exploit any information, software or other material for commercial purposes, or that contains advertising.
  • Use the Site to advertise or solicit anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
  • Collect for marketing purposes any e-mail addresses or other personal information that has been posted by other users of the Site.
  • The Company may host message boards, chat rooms and other private/public forums on its Sites and other platforms. Any user who fails to comply with the terms and conditions of this Agreement may be banned and may be denied continued access to message boards, groups, chats or other forums in the future.

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.

To the extent that you pay for content, please read this

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 curtis@seehearspeakenglish.com. Your request will be effective for the next billing cycle.

Third-party websites

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.

When you link to these websites, you are subject to their terms and conditions of use and privacy policies, and you should review them carefully before accessing these websites. We do not endorse these websites and our Terms and Privacy Policy does not apply to them.

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.

Credit card processing

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.

Geographic Scope of the Site

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.

Our liability is limited

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.

Complaint procedure

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 curtis@seehearspeakenglish.com, or SEE HEAR SPEAK ENGLISH, c/o Curtis Penner, #1001 – 460B Belmont Ave W., Kitchener, Ontario, Canada, N2M 0B3.

Statute of limitations

You and we agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to our Site, or our Content and/or Services, Terms and/or Privacy Policy must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Assignment

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.

Modifications

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.

Termination

You may stop using our Site at any time without informing us. We may, without notice to you, change the Site and any of our Content and/or Services, cease providing them or any of their features to you or to users generally, or create usage limits for our Site. We may permanently or temporarily terminate or suspend your access to our Site without notice and without liability for any or no reason, including if, in our sole determination, you violate any provision of these Terms. In particular, we may immediately terminate or suspend any Account that has been flagged for repeated infringement of any Trademark or violation of any other law or our Terms and/or Privacy Policy.

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.

Indemnification

You agree to defend, indemnify and hold us and our employees, contractors, agents, professional advisors, members, officers and directors harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, without limitation, actual attorneys’ fees and costs) arising out of: (i) your use of and access to the Site, including any data or Content transmitted, sent, viewed or received by you; (ii) your violation of any provision of these Terms and/or our Privacy Policy, including your breach of any of the representations and/or warranties contained in these Terms; (iii) your violation of any third party rights, including any privacy rights or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damage arising as a result of any Content of yours or any that is submitted through your Account; and/or (vi) access to and use of the Site and any of the Services and/or Site Content by any other party with your unique username, password or other appropriate security code.

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.

Released parts

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.

Governing Laws

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.

Dispute resolution

Any dispute, claim or controversy arising out of or relating to the Site, our Privacy Policy and these Terms, as well as any claim relating to the interpretation or validity of this Agreement, including but not limited to the determination of the scope or applicability of this agreement to arbitration, shall be submitted to and determined by final and binding arbitration in Kitchener, Ontario, before an arbitrator. The arbitration shall be administered by JAMS in accordance with its arbitration rules. These rules are available at https://www.jamsadr.com/adr-rules-procedures.

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.

Alternative jurisdiction

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.

Disclaimer

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.

Divisibility

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.

Full agreement

These Terms shall be deemed to include all other notices, policies, disclaimers and other terms and conditions contained on the Site, including our Privacy Policy; however, these Terms shall prevail in the event of a conflict with any of these other documents. We reserve all rights not expressly granted in these Terms.

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.

Electronic record keeping

A printed version of these Terms, our Privacy Policy and of any notice given in electronic form shall be admissible in any and all judicial, arbitration or administrative proceedings based upon or relating to these Terms to the same extent as other business documents and records originally generated and maintained in printed form.

Miscellaneous

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.

These Terms and your use of the Site, including your submission of Content on or to the Site, do not create, and shall not be construed as creating, any relationship, partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship in any manner and/or of any kind between the parties hereto. Use of the Site is intended for your personal enjoyment and benefit, and the provision of the Site to you (subject to your compliance with these Terms and our Privacy Policy) constitutes the sole and sufficient consideration you are entitled to receive for any Content or other contributions you have made to us and our products and Services.

Questions?

You may contact us regarding any questions about the Site or these Terms at curtis@seehearspeakenglish.com or See Hear Speak English, c/o Curtis Penner, #1001 – 460B Belmont Ave W., Kitchener, Ontario, Canada, N2M 0B3.

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