Terms and Conditions of Use

Vermont English Center, LLC

Last Updated: January 27, 2020

1. WELCOME TO LAURA’S ENGLISH CLASS!

Laura’s English Class’ mission is to guide and support students in the process of learning the English Language. The materials, lessons and personal instruction is offered as guidance and recommendations only. Each student’s progress is individual and it depends on the student’s own work, attitude and dedication.

Welcome to the Vermont English Center, LLC d/b/a Laura’s English Class (“VEC”) web site located at www.LaurasEnglishClass.com (the “Site”). VEC provides the Site as a service to our customers. Please read the following terms of service (“Terms”) as they govern your use of our Site and our services and content accessible via our Site. To make these Terms easier to read, the Site and our services and content are collectively called the “Services.”

By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.

We may update the Terms at any time. If we do so, we’ll let you know either by posting the updated Terms on the Site or through other communications. It’s important that you review the Terms whenever we update them or you use the Services, as they are binding on you.  If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion. 

IMPORTANT: WHEN YOU AGREE TO THESE TERMS, YOU AGREE TO RESOLVE YOUR DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION, UNLESS YOU OPT-OUT OF ARBITRATION WITHIN 30 DAYS OR THE DISPUTE IS EXCLUDED FROM ARBITRATION, AS FURTHER DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW. PLEASE REVIEW THE DISPUTE RESOLUTION SECTION BELOW FOR DETAILS ON ARBITRATION AND OPTING-OUT.

2. ABOUT CREATING AN ACCOUNT.

The Services allow users to access and use a variety of educational services including taking language lessons, learning or practicing a language, downloading content, and learning via online self-study video courses. Registering for an account (“Account”) is required to use the Services and allows customers to purchase products from the Site including online courses and 1-1 instruction and to see previous orders You may use the Services to make purchases only if you are 18 years or older and capable of forming a binding contract with us. Users who are younger than 18 must create an account with their parents or guardians. By registering for an Account, you are representing that all of the information you provide is accurate, complete and up-to-date information, and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.

Privacy Policy

Please refer to our Privacy Policy https://www.laurasenglishclass.com/privacy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

Online Purchases and Payments

When you make a purchase through our Services, you authorize us or our third party payment processor to charge your payment method for any such purchases (plus any applicable taxes and other charges) that may be accrued by or in connection with your purchase. You are responsible for the timely payment of all fees and for providing a valid method of payment. All prices, fees and any applicable taxes and other charges are payable in U.S. dollars. When you initiate a purchase transaction via the Services, you will be asked to provide customary billing information such as your name, billing address, and credit card information. You may also need to provide additional information to verify your identity before completing your transaction. If you are completing the purchase using a third party payment processor, that processor’s terms and conditions apply to your payment transaction.

Customer Satisfaction & Cancellation Policy

At VEC, we are committed to providing our customers with great quality language instruction. However, each student’s progress is individual and it depends very much on each student’s own work, attitude and dedication, Therefore, although VEC will make every effort to deliver great quality language instruction, each student’s specific progress is not guaranteed.  If you have a complain, please contact us via email and we will do our best to address your concerns.

Cancelation policy for 1-1 online courses: All payments for 1-1 online courses must be completed 24 hours or more before the lesson or the lesson will be cancelled. No refunds for partial or incomplete payments will be made.

24 hours or more before the lesson, you are welcome to reschedule with no cancellation fee. Under 24 hours, you may cancel the lesson with a cancellation fee of 100% of the lesson fee. Exceptions may be made in certain cases, at VEC’s discretion. If we make an exception once, it does not waive the cancelation policy for future events. Unused lesson coupons may be refunded before they expire, minus any PayPal fees. Please contact us at Laura@LaurasEnglishClass.com to discuss refunds for unused coupons.

We will make every effort to make any schedule changes at least 24 hours before each lesson, but we reserve the right to make last minute cancelations before the lesson begins at no penalty.

If a teacher does not show up for a lesson within a reasonable amount of time, the student’s class will be refunded and a 50% off coupon will be issued for the next lesson.

 Cancelation policy for Online Courses: There are no automatic refunds forcourses paid with a one-time payment. We may, in our discretion refund your payment but only if you email us to request a refund and explain the reason for cancellation within 7 days of purchase. Refunds for individual courses are not guaranteed but can be issued if there is a good reason by the student.

Subscription courses can be cancelled at any time. All future payments will stop after the current month payment period is complete. That billing cycle will not be refunded and access will continue until the end that billing cycle. There are no refunds for previous months’ usage.

Content

(a) Our Content

All of the content that appears on the Site, including all visuals, text, audio and video clips are subject to copyright protections and/or other intellectual property rights or licenses held by VEC (“Content”). We either own or have a license to all such Content. Subject to your compliance with these Terms, VEC grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes. If you enroll in a one-time payment course, you will have access to the related Content for as long as you keep your Account, however we reserve the right to remove or modify any such Content at any time without notice to you. If you enroll in our subscription courses, you will have access to the previous year’s Content only. None of our Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Content. Content may contain various opinions or statements that may be intentionally controversial for educational purposes. Any opinion presented is not the opinion of VEC. No Content is intended to be offensive or to intentionally promote any particular belief or opinion in political, social or other matters.

 (b) User Content

“User Content” means any text, graphics, images, works of authorship of any kind or other materials that are posted, generated, provided, or otherwise made available by you through the Services or that you share with other users or recipients. User Content includes without limitation Feedback (defined below) and Tagged Media (defined below).

All User Content shall be exclusively owned by VEC, and you shall not have any right to use such User Content except as expressly authorized by these Terms. By using the Services, you hereby assign to VEC any and all rights, title and interest, including any intellectual property rights or proprietary rights, in the User Content. All rights of VEC or its licensors that are not expressly granted in these Terms are reserved to VEC and its licensors.

Except where prohibited by law, by submitting or uploading User Content through the Services, you waive and agree not to assert any “moral” rights or claim resulting from our alteration of the User Content or any photographs, footage, statements or other work contained in the User Content. You are also agreeing to appoint VEC as your attorney-in-fact with respect to the User Content, with the right to execute and deliver any documents, in your name and on your behalf, to ensure that we can use the User Content that you are licensing in any way we see fit, and to protect the rights in any derivative works created from your User Content, and to have the User Content removed from any other website or platform.

You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by VEC on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

(c) VEC-Tagged Media

The Site includes the VEC, LLC, page located at www.laurasenglishclass.com which extracts content from our users and customers who share photos and videos on Facebook or YouTube using VEC’s brand handles (all such tagged/labeled photos and videos, “Tagged Media”). You acknowledge and agree that the Tagged Media may be used in VEC’s email, on our Site or other websites that we operate or control, and you hereby grant us permission to use and authorize others to use your name or social media handle in association with the Tagged Media for identification, publicity related to the Services and similar promotional purposes, including after you terminate your Account or your use of the Services. You represent and warrant that posting and use of your Tagged Media, including to the extent such Tagged Media include your name, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark or other intellectual property rights.

(d) DMCA/Copyright Policy

VEC respects copyright law and expects its users to do the same. It is VEC’s policy to terminate in Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please contact us for a copy of our copyright policy.

Use of the Services

We really want everyone to have a great experience using the Services. That’s why you agree that you or won’t do any of the following things, otherwise we might have to suspend or terminate your Account and no refunds will be given:

  • Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
  • Use, display, mirror or frame the Services, or any individual element within the Services, VEC’s name, any VEC trademark, logo or other proprietary information (including through the use of meta tags or the like), or the layout and design of any page or form contained on a page, without our express written consent, except as is clearly permitted by the functionality of the services;
  • Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by VEC or other generally available third-party web browsers;
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  • Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
  • Attempt to interfere in any way with the Services or VEC’s networks or network security, or attempt to use the Services to gain unauthorized access to any other computer system;
  • Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate any applicable law or regulation; or
  • Encourage or enable any other third party or individual to do anything listed above.

We may also terminate your Account with no refunds if another User that you are associated with or linked to takes any of the above actions. Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Feedback

We welcome feedback, comments, reviews of the products you purchase through us, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at Laura@LaurasEnglishClass.com or by reviewing a particular product. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

Correction of Site Errors; Site Maintenance

The information on the Site may contain typographical errors or inaccuracies. We reserve the right to update any information we see fit at any time without prior notice.  In the event that the website is down for maintenance or other reasons, we will do our best to get it running as soon as possible, however access and use of the Services may be unavailable during periods of peak demand, system upgrades, malfunctions or scheduled or unscheduled maintenance or for other reasons. There is no guarantee about reliability, availability, security, lack of errors, suitability of the Services.

Indemnity

You agree to indemnify and hold VEC (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, as well as losses, expenses, damages and costs, resulting from any violation of these Terms, your use of the Services, or any activity related to your Account (including negligent or wrongful conduct).

Third Party Links

The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may disable access to your Account at any time by sending an email to us at Laura@LaurasEnglishClass.com. Upon any termination, discontinuation or cancellation of Services or your Account, the following sections will survive: User Content, Payments, Feedback, Disclaimer of Warranty, Limitation of Liability, Dispute Resolution, Governing Law, and General Terms.

DISCLAIMER OF WARRANTY

ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY GUARANTEES OR WARRANTY. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

LIMITATION OF LIABILITY

NEITHER VEC NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VEC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL VEC’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO VEC FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO VEC, AS APPLICABLE.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN VEC AND YOU.

Dispute Resolution

BY USING THE SERVICES YOU ACKNOWLEDGE AND UNDERSTAND THAT THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE. YOU UNDERSTAND THAT YOU WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THESE TERMS, UNLESS IT INVOLVES A QUESTION OF CONSTITUTIONAL OR CIVIL RIGHTS OR ANOTHER EXCEPTION AS PROVIDED FOR BELOW. INSTEAD, YOU AGREE TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATOR.

Our goal is to provide you with great service, so we’ll try our best to resolve any disagreements that you have with us. If we can’t, then you and we both agree to resolve disputes related to your use of the Services or these Terms (each, a “Claim”) in binding arbitration instead of court, except that: (a) a Claim may be brought in small claims court if it qualifies for it, (b) either party may bring suit in court to enjoin the infringement or other misuse of intellectual property rights and (c) constitutional or civil rights questions as provided for by law.

What is arbitration? Arbitration does not involve a judge or jury. Instead, a neutral person (the “arbitrator”) hears each party’s side of the dispute, and makes a decision that is finally binding on both parties. The arbitrator can award the same relief as a court could award, including monetary damages. While court review of an arbitration award is limited, if a party fails to comply with the arbitrator’s decision, then the other party can have the arbitration decision enforced by a court. If for any reason a Claim proceeds in court rather than in arbitration, you and we each waive any right to a jury trial.

  • Can a Claim be part of a class action or similar proceeding? No. You agree to resolve your Claims with us solely on an individual basis, and not as part of a class, representative or consolidated action. We agree to do the same.
  • What rules apply in the arbitration? The arbitration will be conducted under the American Arbitration Association (“AAA”) Consumer Arbitration Rules (the “AAA Rules”) applying Vermont law as appropriate. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879.
  • How will the arbitration be conducted? The arbitration will be conducted by the AAA or a comparable arbitration body in the event the AAA is unable to conduct the arbitration. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
  • How do I start an arbitration proceeding? To begin an arbitration proceeding against us, send a letter requesting arbitration and describing your Claim to at Laura@LaurasEnglishClass.com. If we request arbitration against you, we will give you notice at the email address or street address you provided.
  • INSTRUCTIONS FOR OPTING-OUT OF ARBITRATION: If you don’t want to agree to arbitrate your Claims as explained above, then you can opt-out of this arbitration agreement by notifying us of your decision in writing at at Laura@LaurasEnglishClass.com. You must opt-out within 30 days of the date you first agree to these Terms or any updated Terms.

Language

This agreement was originally written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.

Governing Law

These Terms and any action related thereto will be governed by the laws of the State of Vermont without regard to its conflict of laws provisions.

General Terms

Entire Agreement.

These Terms constitute the entire and exclusive understanding and agreement between VEC and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between VEC and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Dispute Resolution” section above or by court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an opt-out email in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without VEC’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. VEC may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications provided by VEC under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Waiver of Rights and Severability

VEC’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of VEC. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable, for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provision of the Terms will continue in full force and effect.

Questions for us?

If you have any questions about these Terms or the Services, please contact us at Laura@LaurasEnglishClass.com.