Ahora Ingles Terms and Conditions of Use

[ Last updated on August 22, 2016]

Ahora Ingles ( “Ahora Ingles”, “we”, “us” and terms of similar meaning) provide the Services, including access to the Site and the Content subject to these terms and conductions of use (these “Terms”). An updated copy of these Terms will be available on www.ahoraingles.com (the “Site”).

Please read through these Terms carefully before using the Services. By accessing or using the Services you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Services.

1.Definitions

We refer to the services provided through the Site as the “Services”.

All users of the Service are referred to as “Users”.

Content on the Site, including all text, information, data, logos, marks, designs, graphics, pictures, video files, sound files, other files, and their selection and arrangement, is called “Content”.

2.Ahora Ingles Services

Ahora Ingles is a website that permits Users to purchase, view and study English lessons online through the Site to aid in their practice or development of conversational English language skills.

The Services are not intended to be used by children. You must be at least eighteen (18) years of age to use the Services.

Spanish translations in the English lessons available through the Site have been created with English standards through an English-based keyboard that lacks the ability to output Spanish characters. As such, Spanish translations are provided for reference purposes only. Ahora Ingles shall not be liable for any User’s reliance on the Spanish translations provided through the lessons available on the Site.

3.Privacy Policy

Please refer to Ahora Ingles privacy policy by clicking here (the “Privacy Policy”) for information on how
Ahora Ingles collects, uses and discloses personally identifiable information from Users. By using the Services you agree to our use, collection and disclosure of personally identifiable information in accordance with the Privacy Policy.

4.Fees, Charges, Taxes

Fees for purchasing Study Units and other charges for the use of the Services or Services are described on the Site. They may change from time to time. If we change them, we will give you at least thirty (30) days’ notice. If they do change, your continued use of the Services and/or subsequent purchases of Study Units after the change indicates your agreement with the new fees and charges after the effective date of the change. Any change to fees and other charges will be not be applicable to the billing period in which the change occurs.

You are responsible for all taxes applicable to the fees and charges in any applicable jurisdiction.

5.Registration Data; Account Security

To use certain features of the Services (including the purchasing of study units), you must register for an account through the Services (“User Account”). Upon registering a User Account, you agree to (a) provide accurate, current and complete information as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to the Site, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to the Services. You are responsible for all activity on your User Account.

6.Ownership, Copyright and Trademarks

The Services, the Site, all Content and any other software used to create and operate the Services is the property of Ahora Ingles or its licensors, and is protected by Canadian and international copyright laws, and all rights to Services, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners.

7.License to Use Ahora Ingles and License Restrictions

Ahora Ingles grants to you a revocable, non-exclusive, non-sublicensable license to access the Services and to view the Content available to you through the Services (“License”).

Other than as expressly permitted in these Terms, the Content and the License are subject to the following restrictions and account terms:

(a) The Services we provide through the Site are for your use only. You may not resell, lease or provide them in any other way to anyone else, except as permitted through the Site.

(b) You may not make or distribute copies of the Site.

(c) You may not alter, merge or translate the Site, or decompile, reverse engineer, disassemble, or otherwise reduce the Site to a human-perceivable form.

(d) You may not modify or create derivative works based on the Site or the Content.

(e) You may not remove or modify any copyright, trademark or other proprietary notices that have been placed in the Content.

(f) You may not otherwise use the Site or the Content other than for its intended purpose.

(g) Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, this Agreement and your User Account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws.

(h) Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The licenses in this Section are revocable by Ahora Ingles at any time.

(i) Your use of the Services and Content must not infringe or violate the rights of any other party, breach any contract or legal duty to any other parties or violate any applicable law.

8. Warranty Disclaimer

THE SITE, THE CONTENT AND THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS”
BASIS WITHOUT WARRANTIES FROM AHORA INGLES OF ANY KIND, EITHER EXPRESS
OR IMPLIED. AHORA INGLES EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. AHORA INGLES DOES NOT REPRESENT OR WARRANT THAT THE
SITE OR CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE,
AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SITE, THE CONTENT OR ANY PORTION THEREOF.

WHILE AHORA INGLES ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE SAFE, AHORA INGLES DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9. Limitation of Liability; Indemnity

You waive and shall not assert any claims or allegations of any nature whatsoever against Ahora Ingles, its affiliates or subsidiaries, their contractors, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of the Services or the Content, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of Content, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Services and Content. You use the Site and Content at your own risk.

Without limitation of the foregoing, neither Ahora Ingles nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Services or the Content, including without limitation any damages caused by or resulting from your reliance on the Content or other information obtained from Ahora Ingles or any other Released Party or accessible via the Site, or that result from mistakes, errors, omissions, interruptions, deletion of User Content (if any) or other data, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to the Services, any User, or any other Released Party’s records, programs or services.

In no event shall the aggregate liability of Ahora Ingles, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Services exceed any amount paid by you for access to the Services during the three months prior to the date of any claim, if any.

You shall defend, indemnify and hold harmless Ahora Ingles and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Services and from the use of the Services by any person to whom you give access to your account.

10. Communications

Notices that we give you may be provided in any of the following ways. First, we may email you at the contact information you provide in your Registration Data. Second, we may post a notice to you in the account area of your User Account on the Site. Third, we may post the notice elsewhere on the Site. When we post notices on the Site, we post them in the area of the Site suitable to the notice. It is your responsibility to periodically review the Site for notices.

11. Applicable Law and Venue

The Site and Services are controlled by Ahora Ingles and operated by it from its offices in Toronto, Ontario. You and Ahora Ingles both benefit from establishing a predictable legal environment in regard to the Services. Therefore, you and Ahora Ingles explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Services will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) arising out of or relating to (a) these Terms; (b) the Services or Content; (c) oral or written statements relating to these Terms or to the Services; or (d) the relationships that result from these Terms or the Services or Content (collectively, a “Claim”) will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against Ahora Ingles related to any Claim and, where applicable, you also agree to opt out of any class proceedings against Ahora Ingles. If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data. Arbitration will be conducted by one arbitrator in the City of Toronto pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Ontario.

To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.

If you choose to access the Services from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Ahora Ingles and the other Released Parties for your failure to comply with any such laws.

12. Termination/Modification of License and Site Offerings

Notwithstanding any provision of these Terms, Ahora Ingles reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your License to use the Services, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Services or Content; (c) change, suspend or discontinue any aspect of the Services or Content; and (d) impose limits on the Services or Content. When your account is terminated, any User Content you have uploaded to the Services may remain on the Services.

If these Terms expire or terminate for any reason, Sections 8, 9, 11, 12, 13 and 14, and any representation or warranty you make in these Terms, shall also survive indefinitely.

13.Modification of Terms

Ahora Ingles reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline applicable to the Services, at any time and in its sole discretion. If we do so, we will notify you at the e-mail address you provide in your Registration Data, or we will post a notice on the Site visible to you the next time you access the Site. Customers who do not agree with the changes may terminate their account with us in accordance with the terms of the Service Agreement. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and your continued use of the Services after such time will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Services. The Terms will always show the ‘last updated’ date at the top. If you do not agree to any amended Terms, you must stop using the Services. If you have any questions about the Terms, please email us at the contact address below.

14.Language

If these Terms of Use are translated into a language other than English and there are conflicts between the translations, the English version shall prevail and control.

15.Down time

Ahora Ingles reserves the right to do regular updates to the database of the site, and its contents, and service
the site in any other form as may be required, to ensure proper maintenance and functioning of the site, and will do so without notice and in its sole discretion. You should expect from time to time the site to experience marginal amounts of downtime while the site is being serviced.

16. Miscellaneous

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Ahora Ingles may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Ahora Ingles, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and Ahora Ingles regarding your use of the Services, and supercede all prior or contemporaneous communications whether electronic, oral or written between you and Ahora Ingles regarding your use of the Services. The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only. Les parties reconnaissent avoir convenue que la présente convention ainsi que tous documents, avis et procédures judiciaires qui pourront être exécutés, donnés ou intentées à la suite des présentes ou ayant un rapport, direct ou indirect, avec la présente convention soient rédigée en anglais.

17. Questions and Comments

If you have any questions regarding these Terms or your use of the Services, please contact us here:

contact@ahoraingles.com
Find the Spanish version here