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Terms of Use
Hi!  Thank you for your interest in The Spanish Institute, the service to help people learn languages operated by The Spanish Institute (“we” or the “Company”).

The Company permits access to its website http://www.thespanishinstitute.org (the “Website”) free of charge to provide information about services and learning Spanish.  By accessing any area of the Website, you agree to be legally bound by these Terms of Use (this “Agreement”), whether or not you complete the registration form (the “Registration”).

This Agreement sets out the legally binding terms of use of the Website and the Service and may be modified by the Company from time to time, such modifications to be effective upon “Notice” (sending notice to you at the mail address or email address you provide in the Registration, or such other mail address or email address as you may later provide to us), and upon posting by the Company on the Website. You may also receive a copy of this Agreement, the Company’s Privacy Policy and/or the Registration at our Website or by sending a request to
spanish@thespanishinstitute.org.

1. Eligibility. You must be eighteen or over to obtain the Service for yourself, Corporation and/or Minor (collectively “Users”). By signing the Registration, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

2. Term. This Agreement will remain in full force and effect while you, your Corporation and/or Minor uses the Service (even if Minor turns eighteen during this time).  You may terminate the Service at any time, for any reason upon receipt by the Company of your written or email notice of termination. The Company may terminate the Service for any reason upon issuing Notice to you. Even after the Service is terminated, this Agreement will remain in effect. Even after this Agreement is terminated, certain provisions will remain in effect, including sections 6-14 of this Agreement.

3. Refunds and Make-ups. Student is expected to attend all classes in which is enrolled. It is your responsibility to attend class. Please note there are NO REFUNDS. If student does not attend or stop attending classes he/she will be responsible for all tuition and fees.
 Non-consecutive students must tell the teacher what days they are going to attend classes. Classes will expire within 30 days without notice (by email) from student to the teacher.
Once you have finished your set of classes if you continue attending without proper registration you will include a $50 late fee for that set of classes.

4. Education.
 You represent that your purpose for using the Website and/or the Service is a vocational or recreational in nature, or if obtained by or through a Corporation, that the Service will be offered solely for that organization's membership.
5. Copyright Policy. You, Corporation (if any) and Minor (if any) (collectively “Users”) may not post, distribute, or reproduce any copyrighted material, trademarks, or other proprietary information in any way without obtaining the prior written consent of the owner of such proprietary rights.

6. Law and regulations.  Users must use the Website and/or the Service in a manner consistent with any and all applicable laws and regulations.

7. Privacy. Use of the Website and/or the Service is also governed by our Privacy Policy.



8. Disclaimers. The Company is not responsible for the conduct of any User. Under no circumstances will the Company be responsible for any loss or damage, including personal injury or death, resulting from any partaking in or use of the Website and/or the Service or any interactions between Users. The Company may permit independent contractors to offer services to Users. The Company does not in any way make any representations or warranties concerning, or guarantee the quality or reliability of, these products or services. The Website and/or the Service are provided "AS-IS" and the Company expressly disclaims any warranty of fitness for a particular purpose or non-infringement. The Company cannot guarantee and does not promise any specific results from use of the Website and/or the Service.

9. Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will the Company be liable to any User or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from partaking in or use of the Website and/or the Service, even if the Company has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the Company’s liability to any User for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by such User to the Company for the Website and/or the Service. 



10. Safety and Waiver Release.
 The safety of you and those in your care is important to us.  The Company has general liability insurance for its operations and disability insurance for its employees; however, please note that the Company does not carry medical insurance for injuries sustained by Users during use of the Service.  Therefore, you should review your own health insurance policy or policies for coverage.  You understand that the Company does not accept responsibility for, and you agree to assume the full risk of, any injuries, damages or losses you and/or Minor (if any) may sustain as a result of using the Service.  On behalf of yourself, your spouse (if any) and Minor (if any), you hereby waive, relinquish, fully release and discharge, and further agree to indemnify, hold harmless and defend the Company, its owners, subsidiaries, affiliates, officers, agents, and other partners and employees against any and all rights, claims, causes of action and liabilities of any sort that you, your spouse (if any) or Minor (if any) may have now or in the future, including but not limited to, any claims for personal injuries, medical expenses, property damage, or losses sustained by you, your spouse (if any) or Minor (if any) arising out of, connected with, or in any way associated with the Service.

11. Permission to Secure Treatment.
 You authorize, for emergency purposes only, any designated employee of the Company to consent to any necessary examination, anesthetic, medical diagnosis, surgery, or treatment, and/or hospital care to be rendered to you or to Minor (if any), and agree that you will be responsible for payment of any and all medical services required.



12. Use of Photographic Images. 
Users agree that any photography or video taken while participating in a Company class, event or facility may be used by the Company for promotional purposes.



13. Disputes. If there is any dispute about or involving the Website and/or the Service, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of Carlsbad in San Diego. 



14. Indemnity. You agree to indemnify and hold the Company, its owners, subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use (and Corporation's use, if any, and Minor's use, if any) of the Website and/or the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.



15. Other. This Agreement, accepted upon use of the Website and/or by completing the Registration, contains the entire agreement between you and the Company regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

Please contact us with any questions regarding this agreement. The Spanish Institute is a service mark of The Spanish Institute, Inc.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.





Read   Services Agreement between Client and Contractor

PERIOD OF EXCLUSIVITY



Students/Clients: By visiting or using the Site,  or by communicating with Teachers identified through the Site, you agree to use The Spanish Institute to make all payments to Contractors who identify you or whom you identify through the Site, so that The Spanish Institute can collect its Service Fee or Payroll Service Fee. For all Contractors you identify via the Site on or after June 1, 2011, you acknowledge and agree that The Spanish Institute earns its Service Fee or Payroll Service Fee on all payments you make to a Contractor in the first 10 years after you identify the Contractor through the Site, regardless of whether you make the payments through The Spanish Institute or not. You agree not to take any action directly or indirectly to circumvent these fees. After 10 years, our Service Fee or Payroll Service Fee applies only if the payment is made through the Payment Service.


As a Client, you also agree to notify The Spanish Institute immediately if your Contractor solicits payment from you outside the Site.
 


Contractors: By visiting or using the Site, or by communicating with Clients identified through the Site, you agree to use The Spanish Institute to receive all payments from Students/Clients who identify you or whom you identify on the Site, user-agreement-06.12.12a   4so that The Spanish Institute can collect its Service Fee or Payroll Service Fee. For all Clients you identify via the Site on or after June 1, 2011, you acknowledge and agree that The Spanish Institute earns its Service Fee or Payroll Service Fee on all payments you receive from a Client in the first 10 years after you identify the Client through the Site, regardless of whether you receive the payments through The Spanish Institute or not. You agree not to take any action directly or indirectly to circumvent these fees. After 10 years, our Service Fee or Payroll Service Fee applies only if the payment is made through the Payment Service.

As a Contractor, you also agree to notify The Spanish Institute immediately if your Client seeks to pay you outside the Site.
 


Opt-Out: Notwithstanding the foregoing, if the Client pays the Opt-Out fee and The Spanish Institute notifies both Client and Contractor that the Opt-Out option has been exercised for that Contractor, then the Client has the right to pay that Contractor outside the Site.




CONTACTING US
If you wish to report a violation of the Agreement and/or Terms of Service, have any questions or need assistance, please contact The Spanish Institute Customer Support as follows:

Email: spanish@thespanishinstitute.org
Please contact us with any questions regarding this agreement. The Spanish Institute is a service mark of The Spanish Institute, Inc.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.