Terms of Service

Effective: 2018-12-07

Contents

  1. Introduction
  2. Eligibility
  3. Cookie & privacy policy
  4. Intellectual property
  5. Acceptable use & conduct
  6. Linking to our website
  7. Prices, sales tax, payment, & donations
  8. Dispute resolution
  9. Compliance with laws & policies
  10. Warranties & liability
  11. Indemnity
  12. Choice of law
  13. Choice of language
  14. Miscellaneous terms
  15. Our contact information
  16. Archives

1. Introduction

Thank you for using StudyAmericanEnglish.com!

a. Definitions

This Terms of Service ("ToS") contains the legal terms and conditions that govern the use of Warren Information Organization, LLC's website at StudyAmericanEnglish.com ("our website"), as well as our products and services in general ("products and services"), by anyone ("their," "they," "users," "you," or "your"). Jonathan Warren, PhD ("Dr Jonathan" or "Dr Warren") is the sole owner of Warren Information Organization, LLC, and that company is registered in the US State of Maryland. Both/all parties together shall be referred to as the "parties," and each party to this ToS may be referred as a "party." The word "information" may refer to any textual, image, audio, video, or numerical content or data in any format that you may submit or communicate to us, that you may find in our products and services, or that we collect about you. "US" means the United States of America. The word "computer(s)" may refer to any electronic device(s).

b. Authorization

By using our products and services, you agree to this ToS. If you do not agree to this ToS, you are not authorized to use our products and services.

2. Eligibility

a. Representations

You represent and warrant the following: you are a human being who is 18 years of age or older; you have the right, authority, and capacity to agree to, and abide by, this ToS; and you shall use our products and services in a manner consistent with any and all applicable laws and regulations.

b. Legal guardianship

Our products and services are not specifically directed toward minors, and may contain information that may not be suitable for minors. You agree that anyone who is not their own legal guardian (e.g., children, cognitively disabled people, etc.) may use our products and services only under the direct supervision of that person's legal guardian(s). If you are such a person's legal guardian, you expressly agree that whether or not that person is allowed to view our website is in your sole discretion, responsibility, and risk; and you further agree that you will consider, and submit on behalf of that person, any information which that person wishes to submit to us.

c. Access on behalf of others

You agree that, if you are accessing this website on behalf of another person or legal entity (e.g., your employer), you represent and warrant that you have the authority and capacity to act on behalf of that party or parties, and to bind that party or parties and all who might claim through you to this ToS.

3. Cookie & privacy policy

You understand and accept the information in the following subsections.

a. How we protect your privacy & security

b. Information we or our vendors may collect about you and use

Cookies may be used during the collection and storage of any of the following information, though are most commonly used with advertising and analytics information.

c. How we may store, disclose, or delete your information

d. How you may access or delete information

4. Intellectual property

a. Our license to you

If you agree to this ToS and meet the above eligibility requirements, except where information within our products and services is bound by a difference license (as cited either in the credits of that product or service or at StudyAmericanEnglish.com/credits.html), we grant you a limited, revocable, nonexclusive, nonassignable license to use our products and services in compliance with this ToS.

b. Our IP

You agree that all intellectual property ("IP") that we create is our proprietary property and is protected by international copyright and other laws. You agree that, except for the license in Section 4a, no one except us may use our assets and/or materials, whether tangible or intangible, without our express, written consent. You also agree that the license in Section 4a does not create or imply any contractual or extracontractual liability on the part(s) of either us, our vendors, or any of our website's other users.

c. IP protections

Information on our website may contain IP owned by third parties – including but not limited to trademarks, service marks, and copyrights. As our company is based in the US, such information is allowed on our website under fair-use, free-speech, informational-use, and similar protections afforded by the Digital Millenium Copyright Act ("DMCA"), the Lanham Act, the First Amendment of the US Constitution, and the United Nations' Universal Declaration of Human Rights. The jurisdiction from where you use our website may not recognize such protections, and you agree that we will not be held responsible for any possible violations of the laws in your jurisdiction, should you either link to our website or use any of the information of our website. Unless stated otherwise, we do not have the power to grant you any rights to use information having IP protections; such rights must be conferred upon you by the right's owner. You agree that your use of any information having IP protections is at your sole discretion, responsibility, and risk.

d. IP credits

You understand and agree that the IP licensing credits for information that is used in multiple places throughout our products and services may be found at StudyAmericanEnglish.com/credits.html, and that IP licensing credits for information that is specific to one of our products or services may be found either on that product/service's product webpage or at the end of that product/service's slideshow or video; you agree to abide by the terms of those licenses.

e. IP permission

You represent and warrant to us that all of the information you send to us is being sent pursuant to the US's and your jurisdiction's laws, and because you have both the permission and intention to send such information to us. You further agree to indemnify, defend, and hold us harmless from and against any and all third-party claims and/or causes of action arising directly or indirectly from our use of any such information provided by you.

f. Reporting infringement

To the best of our knowledge, any materials or IP created by us are original, do not infringe on the rights of others, and/or comply with all applicable copyrights, trademarks, or other IP rights of others. If you believe that protected work that you own, or for which you act as an agent, has been infringed or used illegally on our website, please submit the following information to us via electronic mail ("email") at the contact information given in Section 15. If the request is valid, we shall expeditiously remove the infringing information:

"(A)(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complaining of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed" (17 USC 512 (c)(3)).

5. Acceptable use & conduct

a. Automated downloads

You agree that you may access our website via crawlers, robots/bots, scrapers, scripts, spiders, and similar technologies only in compliance with our StudyAmericanEnglish.com/robots.txt file. You agree to configure any such crawler, bot, etc. to operate in a manner resembling typical human behavior (i.e., slow browsing at random intervals).

b. Prohibited abuses of our systems

You agree not to attack the technological systems that support our work (e.g., the workstations, servers, switches, routers, mobile computers, networking equipment, and/or cabling of us and/or our vendors; e.g., denial-of-service attacks, cross-site scripting attacks, sending unsolicited email to our email addresses, and/or any other type of malicious "hacking"). You agree that we may take any legal measures to defend against and/or prosecute such attacks.

c. Penetration testing

You agree not to scan and/or probe our systems for vulnerabilities, unless all of the following conditions are met: you do not abuse and/or disrupt our systems, you seek either nothing or only personal credit from us (publicly displayed at StudyAmericanEnglish.com/credits.html) in return for your work, you privately report any vulnerability(ies) you find to us via encrypted email, you allow us to publicly disclose the vulnerability(ies) at a time of our choosing within the following year, and your intentions in doing such work are only to help us improve our systems and/or to gain public recognition for yourself.

d. Honesty

You agree only to submit information to us that, to the best of your knowledge and belief, is accurate and complete.

e. Our administrative rights

You agree that we may administrate our products and services in our sole discretion, including but not limited to banning, blocking, deleting, detecting, disabling, filtering, investigating, modifying, notifying, preventing, refusing, restricting, throttling, and/or warning users and/or information as applicable either in certain legal jurisdictions and/or in all legal jurisdictions. You agree that we are not liable for either administrating or not administrating any aspect of our products and services.

6. Linking to our website

a. Prohibited linking practices

You agree not to link to our website in any of the following ways, without our express, written consent:

7. Prices, sales tax, payment, & donations

a. Prices are as marked

You agree that the prices for the products on our website are as marked and are non-negotiable.

b. We each pay for our own Internet bills

As is true for most things on the Internet, you agree to pay the cost of connecting to and using the Internet, including but not limited to the costs of computer equipment and a prepaid or postpaid service contract with an ISP. The parties agree to release each other from their costs of connecting to and using the Internet, including but not limited to our costs of providing our products and services to you (e.g., Web hosting).

c. No sales tax

You understand that the Comptroller of Maryland has informed us that we do not need to charge sales or use tax for our products, as long as our products are entirely digital in nature and are entirely digitally delivered to our customers (which they are).

d. Purchases & donations

Purchases and donations are greatly appreciated. If you wish to make a purchase, please either use the PayPal button(s) provided on our website or contact us by email and make another payment arrangement. If you wish to make a donation, please either send your donation by PayPal to our email address or contact us to make another payment arrangement. Our preferred payment methods are PayPal, Payoneer, or Coinbase.

e. Not tax deductible

You understand and accept that donations to us are not tax deductible.

f. Our use of money

You agree that the money we earn through advertising, sales, or donations may be used only to support our website in our sole discretion, including paying our website's bills, and compensating our owner and/or staff for their work on our website.

g. No relationship or compensation to you

You agree that this ToS does not create any type of employment, agency, partnership, and/or joint venture relationship between you and either us, any other users of our website, or any of our vendors, and that you shall receive no compensation from us either for any information you submit to us or for any work you do in support of our products or services (e.g., helping us to enforce this ToS, campaigning or fundraising for us, etc.).

8. Dispute resolution

a. Informal dispute resolution

If you have any dispute with us (where "dispute" shall be given the broadest possible meaning permitted by applicable law) arising out of and/or relating to this ToS, you agree to notify us in writing in English, giving a brief description of the dispute and your contact information. You agree that we shall then have thirty (30) calendar days from the date we received your notification within which to attempt to resolve the dispute to your reasonable satisfaction. Further, you agree that, if you do not notify us within ninety (90) calendar days of the issue in question, you will be forever barred from filing claims about that issue with anyone.

b. Arbitration

If the parties are unable to resolve the dispute through good faith negotiations over such thirty (30) calendar day period, both parties agree that you may pursue resolution of the dispute in accordance with the arbitration agreement below.

ANY AND ALL DISPUTES THAT YOU HAVE WITH US ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US, WHETHER BASED IN CONTRACT, FRAUD, MISREPRESENTATION, ORDINANCE, REGULATION, STATUTE, TORT, WARRANT, OR ANY OTHER LEGAL OR EQUITABLE BASIS, WHICH ARE NOT RESOLVED PURSUANT TO THE INFORMAL DISPUTE RESOLUTION PROCESS ABOVE, WITH THE EXCEPTIONS OF THE CIRCUMSTANCES GIVEN IN THE "IF WE HAVE A DISPUTE WITH YOU" PARAGRAPH BELOW, MUST BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION, GOVERNED BY THE US'S FEDERAL ARBITRATION ACT, BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND BOTH WE AND YOU HEREBY WAIVE THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, OR ANY OTHER PROCEEDING IN WHICH EITHER PARTY EITHER ACTS OF PROPOSES TO ACT AS A REPRESENTATIVE FOR OTHERS ARE NOT PERMITTED, AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN ANY SUCH ACTION. The arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules and Mediation Procedures as amended by this ToS. The applicable governing law shall be as set forth in Section 12 (provided that, with respect to arbitrability issues, US federal arbitration law shall govern). Arbitration may take place either in Baltimore County or Montgomery County, Maryland, US or by telephonic means (including but not limited to telephone or Voice over IP ("VoIP") technologies), at either party's preference. The arbitrator's decision shall follow the terms of this ToS and shall be final and binding. The arbitrator shall have authority to award temporary, interim, and/or permanent injunctive relief and/or relief providing for specific performance of this ToS, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

c. If we have a dispute with you

If we have a dispute with you that we feel is significant enough to require award and/or relief, we agree to attempt to follow the same informal dispute resolution and arbitration procedure as above with you, including trying to contact you, trying to resolve the issue through good faith negotiations, and arbitrating if necessary. Exceptions: if the dispute regards our IP rights, or if we have evidence that you are attacking the computer systems of us and/or our vendors, you agree that we may immediately proceed through the law enforcement and court systems in our sole discretion. If informal dispute resolution and/or arbitration are not possible for some reason (e.g., if we have not received contact information from you, or if you are unresponsive to our attempt to contact you), you agree that we may proceed through the law enforcement and court systems in our sole discretion. If we proceed through the law enforcement and court systems, you agree that we may seek injunctive relief and/or other equitable relief.

9. Compliance with laws & policies

a. Your jurisdiction

You agree that you are responsible for ensuring that our products and services comply with any and all applicable regulations and/or third-party policies in the jurisdiction from which you access our website. If you access our website from a jurisdiction other than our own, if you are subject to regulations and/or third-party policies, and if you proceed to use our products and services from that jurisdiction, you agree that we shall not be liable if any of our products and services do not comply with the applicable regulations and/or third-party policies in that jurisdiction.

b. US export laws

Software that we create and publish on the Internet, including the computer code of our website, may be subject to the US's export controls. You agree that you may not use and/or re-export such software in violation of the US's export laws.

c. Use under laws or policies

We make no representations and/or warranties concerning the use of our products and services under any applicable regulations, statutes, laws, and/or third-party policies.

10. Warranties & liability

To the fullest extent permitted by applicable law...

a. AS IS, AS AVAILABLE

You agree that our products and services are provided on an "AS IS" and "AS AVAILABLE" basis, without and disclaiming any advice, information, promises, representations, and/or warranties, either express, implied, or statutory, including but not limited to warranties of accessibility, accuracy, availability, compatibility, completeness, fairness/impartiality, fitness for a particular purpose, freedom from errors and/or omissions, meeting your requirements, merchantability, noninfringement, performance, pertinence, portability, privacy, propriety, safety, security, relevance, reliability, timeliness, uninterruptability, or usability.

b. Use at your own risk

You agree to expressly and solely assume the full discretion, responsibilities, and risks of using our website, including but not limited to any damage or loss that results directly or indirectly from your use of, or conduct on, our website.

c. Not liable for damages or losses

You agree that we shall not be liable for any consequential, direct, exemplary, incidental, indirect, punitive, special, or other damages or losses under any circumstances, even if they are based on negligence and/or we have been advised of the possibility of those damages or losses, regardless of whether such damages or losses arise in contract, tort, under statute, in equity, at law, or otherwise, including but not limited to lost data, goodwill, performance, profits, revenues, use, and/or other intangible losses.

d. We cannot protect you

You accept that we may not be able to offer you any guarantees, immunity, indemnification, and/or protection in any jurisdiction, regarding your use of our products and services.

e. Our total liability

You agree that our total liability, if any, for claims made in connection with your use of our products and services shall be limited to that amount which you have paid us during the previous ninety (90) calendar days in aggregate. If the preceding statement is not allowed by applicable law, you agree that our liability shall be limited to the fullest extent permitted by applicable law.

f. Actions (not) taken, errors & omissions

You agree that we may expressly disclaim any liability and/or responsibility in respect to actions taken or not taken based on our products and services, as well as for the omissions and/or conduct of any party in connection with our products and services.

g. Force majeure

You agree that we shall not be held liable for any delays or failure in performance of any part of our products and services due to any obstacle caused by anyone and/or anything outside of our company or beyond our control (including but not limited to our vendors, power outages, other companies, governments, criminals, weather, nonhuman beings, natural disasters, social unrest, terrorism, and/or war).

h. Others' information

You accept that we do not necessarily endorse, are not liable and/or responsible for, and have no obligation to delete, edit, or monitor any user-submitted or third-party information that may be accessed from/through our products and services. You agree that we shall not be liable for any information submitted by users to either us or our products and services.

i. Others' endorsement of us

Except as stated in Dr Warren's curriculum vitae (available here: StudyAmericanEnglish.com/assets/cv/WarrenCV_USL.pdf), you understand and accept that neither we nor our products and services are necessarily accredited, endorsed, or have received any credentials by/from any person or legal entity – including but not limited to any academic program, company, or government agency – and that the information presented in our products and services may not follow the rules or recommendations of any particular person or legal entity. Further, you understand and accept that using this website does not entitle you to receive any degree, certificate, or other academic credential; you agree that, in order to obtain any academic credential, you must fulfill the requirements set forth by the issuer of that credential (e.g., a university or certificate program).

j. Your claims against others

You agree that we are not liable or responsible for the information and/or actions of third parties, and you release us from any claims and damages or losses, known or unknown, arising out of or in any way connected with any claim you have against any such third parties.

k. Modifying, suspending, or discontinuing

You accept that we reserve the right to modify, suspend, or discontinue our products and services in our sole discretion. You agree that we shall not be liable to you in any way for modifying, suspending, or discontinuing our products and services.

l. Not advice

You accept that our website is provided for general informational purposes only, and that nothing on our website should be construed as advice on any subject matter (including but not limited to financial, legal, medical, tax, or other advice). If you require advice, you agree to consult an independent, appropriately licensed and/or qualified professional (e.g., an investment banker, attorney, medical doctor, accountant, etc.).

m. Malicious code

You accept that, though we regularly scan our computer systems and our products and services for malicious code (e.g., viruses), you are required to scan our products and services again for any malicious code that may have been added by others when in transit from our computer(s) to your computer(s). You agree that we shall not be held liable for any malicious code added by others to our products and services when in transit from our computer(s) to your computer(s).

n. The disclaimers, limitations, and waivers listed above shall apply regardless of any failure of essential purpose of any limited remedy.

Some or all of the above disclaimers may not be allowed in your jurisdiction, so may not apply to you either in full or in part.

11. Indemnity

a. Claims (of) violating this ToS

You agree to indemnify, defend, and hold us harmless from and against any costs, damages, expenses, or losses (including arbitration and/or attorney fees) either that result from any claims you make that are not allowed under this ToS or that result from third-party claims that you, and/or someone acting on your behalf, did something that, if true, would violate any part of this ToS.

b. Advertising injury, libel, or slander

You agree that you are responsible for reviewing information that you provide to us for any information that may be considered capable of causing advertising injury, libelous, or slanderous. You agree to indemnify, defend, and hold us harmless with regard to issues of advertising injury, libel, or slander arising from any information you submit to us.

c. Indemnity from your use

You agree to indemnify, defend, and hold us harmless from and against any and all third-party claims and/or causes of action arising directly and/or indirectly from your use of our products and services.

12. Choice of law

a. The parties agree that this ToS, and any dealings and/or disputes between you and us, shall be subject to, governed by, and interpreted under the exclusive jurisdiction of the State of Maryland in the US, without regard to conflict of law provisions, except to the extent governed by US federal law.

b. Except where informal dispute resolution and/or arbitration processes are required by this ToS (see Section 8): you accept that we reserve the right to file legal claims exclusively in the courts of Baltimore County or Montgomery County, Maryland, US, and/or to seek preliminary or injunctive relief anywhere; you agree to file and resolve any legal claims against us exclusively in a state or federal court located in Baltimore County or Montgomery County, Maryland, US; and regarding any legal action and/or proceeding between you and us, both parties agree to submit to the personal jurisdiction of, and agree that venue is proper in, the courts located in Baltimore County or Montgomery County, Maryland, US.

13. Choice of language

a. You agree that, if this ToS is ever translated into a language other than US English, and if there is a resulting conflict between the terms of the competing versions, the US English language version shall control over any translations, and shall be considered the authoritative version.

14. Miscellaneous terms

a. Finality & entirety

You agree that this ToS constitutes the entire and final expression of all the agreements between the parties with respect to the subject matter hereof, and is a complete and exclusive statement of those terms. You agree that this ToS supersedes all agreements, negotiations, and understandings concerning the matters specified herein, and that any actions, promises, representations, statements, warranties, and/or silence by either you, us, or anyone that differ in any way from this ToS shall be given no force or effect.

b. Versions of this ToS

You agree that we may amend, supersede, and/or cancel this ToS, at any time, in our sole discretion. You agree that, as long as you use our website, you are responsible for occasionally checking this page for changes to this ToS. If you ever file a claim against us, you agree that your claim shall be governed by the most recent version of this ToS before you filed the claim. You agree that you shall be bound by the latest version of this ToS whenever you use our website.

c. Bound & benefitted parties

You agree that this ToS shall be binding upon and shall inure to the benefit or detriment of the parties and their respective partners, members, officers, directors, representatives, employees, agents, successors, heirs, executors, estates, personal and legal representatives, and affiliated entities and individuals.

d. Arrest, detention, or extradition

You agree that, under no circumstances, shall you cause or abet the arrest, detention, or extradition of us or any of our affiliates – including but not limited to our members/owners, employees, volunteers, and/or vendors – to/in any location(s) outside of the continental US, in connection with our/their work on our website.

e. Severability & survivability

You agree that, if, for any reason whatsoever, any one or more of the provisions of this ToS shall be held or deemed by a relevant arbitrator or court to be inoperative, invalid, unenforceable, unlawful, and/or void as applied in any particular case or in all cases, such provision or part of that provision shall be deemed severable, shall be limited to the least extent possible and supplemented with a valid provision that both parties agree well-represents their intentions, and such circumstance shall not have the effect of rendering such provision invalid in any other case and/or rendering any of the other provisions of this ToS inoperative, invalid, unenforceable, unlawful, and/or void. You agree that all sections of this ToS shall survive indefinitely, to the greatest extent possible.

f. Recovery of fees & costs

You agree that, if we are ever involved in an arbitration proceeding or any other legal action against you, and if we are the substantially prevailing party in such proceeding or action, we shall be entitled to recover our reasonable arbitration and/or attorney fees and costs, in addition to any damages and/or other relief that may be awarded.

g. Fees for our time

You agree that, if we are ever required by law to provide information in relation to you, we reserve the right to charge you for the reasonable fees and costs incurred. You agree that these fees may include but are not limited to our and/or our attorney's time spent retrieving and/or reviewing records, preparing documents, and/or participating in an arbitration proceeding, deposition, and/or court proceeding.

h. Assignability

You agree that we may assign our rights and/or delegate our obligations under this ToS to any person or legal entity in our sole discretion, but that you may assign your rights and/or delegate your obligations under this ToS to any other person or legal entity only with our prior express, written permission.

i. Waivers

You agree that our failure to apply or enforce any right or provision in this ToS shall not constitute a waiver of any such right or provision. You agree that any waivers granted by us for your breach, failure to perform, and/or violation of any provision of this ToS must be in a written instrument signed by us waiving such breach, failure to perform, and/or violation. You agree that any such waiver shall not operate or be construed as a waiver of any prior or subsequent breach of, failure to perform, or violation of the same and/or any other provision of this ToS.

j. Section headings & numbers

You agree that the section headings and numbers in this ToS are provided solely for the reader's convenience, and that they do not affect the legal text of this ToS.

k. Language errors

You agree that language errors – including but not limited to typographical errors, repeated words, or incorrect spellings or grammar – in this ToS shall have no effect on the terms and/or substance of this ToS.

l. Further documents & actions

Each of the parties agrees to sign any other and further documents and instruments, and to take any other and further actions as might be reasonably necessary or proper, in order to effectuate the intent and purpose of this ToS.

m. Counterparts

All parties hereto acknowledge that this ToS may be executed in counterparts for convenience, and that each such counterpart shall be deemed to be the original instrument.

n. Signatures

The parties further agree and acknowledge that signed documents exchanged via electronic correspondence – including but not limited to email, facsimile ("fax"), and instant messaging ("IM") – shall have the same force and effect as an original signature.

15. Our contact information

Warren Information Organization, LLC

16. Archives

Past versions of this ToS may be found here: