English Center, LLC
Last Updated: January 27, 2020
WELCOME TO LAURA’S ENGLISH CLASS!
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
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.
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.
information from our users. You acknowledge and agree that your use of the
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.
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
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
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.
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.
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
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.
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.
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.
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.
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
- 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.
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.
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.
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.
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.
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.
If you have any questions about these Terms or the Services,
please contact us at Laura@LaurasEnglishClass.com.