By accessing and using this Site or Service, you are
expressly agreeing to these Terms of Use Agreement.
A. Service and Access.
This Agreement serves as the full understanding between the Users
of the EnglishU Site ("Site") and EnglishU,
its company personnel, affiliates and assigns. Use of this Site
in any form, including but not limited to viewing, posting, or
accessing, shall constitute the User's express acceptance of
the terms and conditions set forth in this Agreement, which may
be altered from time to time in the sole discretion of EnglishU
by posting any changes as they are made. EnglishU provides
the service for this Site without any Warranty of any kind and
only under the terms and conditions set forth in this Terms of
Use Agreement. By accepting these terms, Users agree to be bound
to it. If a User does not accept any or all of these
Terms of Use, then that User should NOT access or use the EnglishU
Site or Service.
1. Eligibility. Anyone may browse or view our Site,
but only those of legal age to enter into a binding contract
may sign up for the Site. Minors must have the explicit consent of
an adult who is solely responsible and liable for the action
of the Minor with regard to the Site. All persons who are Eligible
Users of the Site and who provide information grant EnglishU the unconditional right to use said
information as EnglishU sees fit or as necessary in the
normal operation of the Site or as required by any legal entity
having authority and jurisdiction. (Please read our
Privacy Policy.)
2. Posters. Persons or Users wishing to post in our chat room
or question boards may do so within the limitations and framework
for this Site by EnglishU. Posters and Users agree by accessing this Service
at the EnglishU Site that they will abide by such limitations. Also, Posters and
Users agree to conduct themselves professionally and courteously
at all times.
3. Responders. Persons or Users wishing to respond to
chat or question board posts may do so within the limitations established at this Site by EnglishU. Limitations
may include, but not limited to, not posing as a teacher.
Responders and Users agree by accessing the EnglishU Site that they will abide by such limitations. Responders and
Users agree not to harass Posters or other users through the
response system set up within the framework of the Site, nor
will Responders engage in form of spamming or posting or sending
unsolicited or non-relevant messages. Also, Responders and Users agree to conduct
themselves professionally and courteously at all times.
B. EnglishU is Only a Venue.
The EnglishU Site is only a place were information is exchanged.
Users of this Site agree and acknowledge that EnglishU
does not verify, screen or in any way determine the reliability
or accuracy of any information that is posted on this Site or
any of the information that is exchanged between Users or other
individuals who may meet or come to know each other through the
use of or as a result of this Site or service.
EnglishU, its company personnel, affiliates and assigns,
are not in any way involved in the actual communications or transactions
that may or may not take place between Users, Posters, Responders
or other individuals who may meet as a result of using this Site.
EnglishU has no control over the quality, safety, reliability,
legality, authenticity, accuracy, etc. of any public postings as a result of the services offered
at this Site, nor can we ascertain or ensure the identity or
veracity of any individuals who are Users, Posters, Responders
or other individuals who use the services of this Site. Without
limiting the foregoing, EnglishU reserves the right to
remove any material found to be objectionable or untrue by EnglishU
or other parties whom EnglishU is informed by and chooses
to rely upon. However, Users agree and acknowledge that this
right as reserved by EnglishU does not create an obligation,
nor does failure to exercise this right create any liability
for EnglishU.
1. No Agency Created. Users acknowledge that no agency
relationship of any kind is created by use of this Site, nor
does EnglishU's offering of this site create any partnership,
joint venture, employer-employee or franchiser-franchisee relationship,
intended, consequential or otherwise. EnglishU does not
endorse any specific Users, Posters or Responders,
nor any Links or other information that may appear on the Site.
2. Hold Harmless. Given that EnglishU does not endorse
any particular content, Listing, Users or Link on this Site and
given the fact that EnglishU does not guarantee nor verify
the accuracy of posted information,
therefore Users of this Site agree to indemnify and hold harmless
EnglishU from any and all liability or damages, either
direct or consequential, from use or inability to use
any information contained on this Site, including but not limited
to Links, information contained in postings or information about
any specific User, Poster, Responder or other individual. Furthermore,
Users agree to indemnify and hold harmless EnglishU, its
company personnel, affiliates and assigns, for any causes or
actions arising out of a User's breach of this Agreement.
3. No Warranty of Service. EnglishU makes no warranty,
express or implied, as to the availability or reliability or
the EnglishU Site service, nor does EnglishU make
any warranty of any kind as to the accuracy, reliability or veracity
of any information posted on the EnglishU Site. In no event
shall EnglishU, its company personnel, affiliates and assigns,
nor its vendors or suppliers be held liable for any lost profits
or other direct, incidental or consequential damages which may
arise out of a User's ability or inability to use this Site or
service.
C. Use of System and Service.
Users themselves are solely responsible for their use of this
Site and all of their actions while making use of this Site and
the EnglishU service. Furthermore, Users are responsible
for any direct or indirect result of their actions pertaining
to this Site. It is imperative that Users be held
to a high standard of integrity and accountability while using
the EnglishU Site system and service. Users acknowledge
that use of the EnglishU system, service and Site is at
the User's own risk, and Users assume all liability and responsibility
for such use.
1. Agree To Be Bound By All Rules, Policies and Procedures.
All Users agree to be bound by the Terms of Use Agreement and
to follow are rules, policies and procedures as outlined and
designated in various places throughout the EnglishU Site.
Also, all Users agree by using the EnglishU system
and service that said Users will only use the information contained
in this Site for their own personal use and will not reproduce,
duplicate, copy, resell, or exploit for commercial purposes any
aspects or information of this Site without the express written
permission of EnglishU. Links to this Site (other than
personal bookmarks) must also be pre-approved in writing by EnglishU.
Also, Users agree that they will not abuse the public forums that are an integral part of this Site,
nor send unsolicited messages to any Poster, Responders,
Users or other individuals when such messages are not relevant
to this Site, nor are Users to attempt to access
this Site in any way either manually or electronically in an attempt to elicit e-mail addresses of EnglishU Users.
2. Provide True and Accurate Information. All Users agree
to provide true and accurate personal information as required
to sign up for EnglishU service. Such personal information is treated as confidential
and handled according to the terms and conditions of our Privacy Policy,
which is referenced here and fully incorporated into this Terms
of Use Agreement.
3. Maintain Integrity. All Users agree to maintain integrity
of the EnglishU site by not using any software or hardware
that interferes or tries to interfere with the normal or
proper workings of the EnglishU systems. This includes,
but is not limited to, attempts to use automated devices to glean
passwords or content from the system, copies of the system, mass distributes e-mail or spam
to other Users of the system, or attempts to download, decompile
or reverse engineer any code.
Users agree to keep the integrity of the EnglishU community
by maintaining a high personal integrity level by dealing
with others in a fair, professional and courteous manner, attempting
to right wrongs, observing all rules and laws, respecting
other people's rights, and helping others.
D. Agreement to Follow and Comply with
Laws. Users agree, as a condition of their use of
the EnglishU Site, to follow and comply with all applicable
laws, ordinances, statutes, regulations and court orders with
regard to the Users' use of this service, or any other use, service or activity related to
the EnglishU Site. Each individual User is solely
responsible for insuring that he or she is compliant with
all local, state, federal and/or international laws as appropriate.
1. Honoring Trademarks, Copyrights and Other Intellectual
Property. Users agree that they will honor and respect the
Trademarks, Copyrights, Patents and Intellectual Property
of individuals or companies, regardless of nationality
or source of Intellectual Property. This includes
prohibition against copying any part of this site, or participating in any scheme involved in
the acquisition, production, duplication or distribution of elements of this site
that are known to violate the Trademarks, Copyrights, Patents
or other Intellectual Property rights of other individuals or
companies. The copying, redistribution, unauthorized accessing
or decompiling of the files of this Site, or the disregard for
the Trademarks, Copyrights or other Intellectual Property of
the EnglishU Site is a violation of the proprietary rights
owned by EnglishU. Creation of unauthorized derivative
works also applies here.
2. Users Grant Copyright Use To Site Material They Post.
Users agree to grant to EnglishU a non-exclusive world-wide
royalty-free right to use the words and material they submit
for display as part of their public postings on the EnglishU Site.
This right extends to all material for which a User may decide
to claim a copyright, thus ensuring that the EnglishU Site
does not violate any copyrights that the User may have.
All other Trademarks, Copyrights, etc. not specifically owned
by EnglishU or sub-licensed by the Site from Users are the
property of the respective owners.
3. Right To Control Content and Determine Prohibited Acts.
Although EnglishU respects the copyrights of others and
although EnglishU is under no obligation to control, verify,
approve or monitor any of the information posted to the EnglishU
Site, EnglishU reserves the right to control the content
of the Site through the censorship and/or removal of any material
that is found to be objectionable, is found to violate the Trademarks,
Copyrights, Patents or Intellectual Property of others, or is
found to be a Prohibited Act.
E. EnglishU Owns All Rights To Service.
Users agree and acknowledge that EnglishU owns all rights
to the service offered at this Site, and further that EnglishU
owns all information, materials, pages, etc. that make up this
Site. While material that is posted and submitted by Users may be copyrightable
by said Users, Users nevertheless acknowledge that EnglishU
owns all rights to the individual pieces of information, even
if said information is submitted by Users, and that EnglishU
also owns all rights to the information collected, information
stored, and databases created. Furthermore, Users acknowledge
EnglishU's rights and interests in all of this information,
as well as EnglishU's rights, interests and/or ownership
of all items and information related to this Site and this Service,
including but not limited to software, programs, coding, subroutines,
electronic files, etc., and in acknowledging these rights Users
agree that said rights are valuable assets and that tampering
with or attempting to interfere with, coopt or disable any of
these items, information, software, programs, coding, subroutines,
electronic files, etc. would cause severe irreparable harm to
EnglishU. Users further agree not to tamper with or attempt
to interfere with or attempt to intercept, decipher, or reverse
engineer any of the software, programs, coding, subroutines,
electronic files, etc. that are a part of or used in the operation
of this Site. Users also agree that they will not resell any
of the information or content contained within or Posted to the
EnglishU Site, any of the information derived from use
of the Site or service, and Users agree that they will not link
to the Site in any manner (other than personal bookmarks) without
the express written permission of EnglishU.
F. Limitation of Liability.
Users of the EnglishU Site or any part of its service thereof
expressly agree and acknowledge that EnglishU provides
any and all services and functions on an "As-Is" basis,
that EnglishU does not provide any Warranty or Guarantee
of the service or this Site whatsoever, and that EnglishU
expressly disclaims any warranty or obligation as to the availability,
accessibility, usefulness, timeliness, appropriateness and/or
reliability of the service, network, servers, connections, or
the Site itself. (Some states do not allow exclusions of implied
warranties, so check the applicable laws in your state.) Use
of this Site and this service is solely at the risk of the User.
In no event shall EnglishU, its company personnel, affiliates
and assigns, be liable for any down time, lost profits, damages,
or any other direct, indirect, incidental, consequential or exemplary
damages that may arise out of a party's use or inability to use
this service or this Site. These limitations are the fundamental
basis upon which this service and this Site are provided, and
in the absence of such limitations this service and this Site
and the information contained therein would not be or would not
have been provided. (Some state statutes may apply, so check
the applicable laws in your state.) Without limiting the foregoing,
the sole and maximum liability of EnglishU, its company
personnel, affiliates and assigns, in the aggregate shall be
limited to and not exceed the amount of fees paid by the individual
User during the preceding 1 year period in which a claim
occurred. (Some states do not allow limitations; check the laws
in your state.)
G. Indemnification. Users agree
and acknowledge that it is they, the Users collectively, and
each User's individual responsibility to ascertain whether or
not to rely upon the information contained in the postings
or other related information when making a decision to use this
service or to use this Site, as a result of the information or functionings
of this Site. Each User of the Site
agree to jointly and severally Indemnify, defend and hold harmless
EnglishU, its company personnel, affiliates and assigns,
for any and all loss or claim of loss resulting from or arising
out of the use of any information contained, posted, relayed
or extracted from this Site or this service. Furthermore,
such indemnification by all Users shall include, but not be limited
to, any and all claim of loss, damages, expenses that directly
or indirectly resulted from the use of said Site information,
the inability to use said Site information, the reliance upon
the information provided by the Site, the reliance upon information
provided by another User, or the reliance upon any express or
implied information from anyone connected with the Site and the
service in any way whatsoever.
H. Additional Terms. Users of
EnglishU agree to be bound by all of the terms and conditions
stated in this Terms of Use Agreement, as well as all other terms
and conditions of any other Agreements, Guidelines, Rules, Policies,
Amendments, documents, items, postings, and/or modifications
posted or placed anywhere on this site. Such Additional Terms
are incorporated by reference herein, and shall include but not
be limited to: Privacy
Policy, Help areas, this Terms page, and others. Users agree implicitly and explicitly to be
bound by these terms and conditions, which may be amended, changed
or added to at any time.
I. Amendments/Modifications.
EnglishU reserves the right, in its sole discretion, to
make any amendments, modifications, changes or alterations to
this Service and Site at any time, in any manner, and without
prior notice. Such amendments, modifications, etc.become effective
as of the time they are posted anywhere on the Site. By using
this Site and Service, you agree that any such amendments, modifications,
etc. shall not create any liability for EnglishU, its company
personnel, affiliates and assigns, nor any liability by or to
any other third party or entity whatsoever.
J. Termination. EnglishU
reserves the right, in its sole discretion, to terminate, suspend,
interrupt, disconnect or cancel this Service, this Site, any
postings, or restrict or disallow access to any
person or entity at any time, in any manner, and without prior
notice. Such termination, suspension, interruption, etc. shall
not be grounds for any cause of action by you or any other third
party arising out of an inability to use this service or for
any other reason. By using this Site and Service, you agree that
any such termination, suspension, interruption, etc. shall not
create any liability for EnglishU, its company personnel,
affiliates and assigns, nor any liability by or to any other
third party or entity whatsoever, beyond refund of the current month's subscription fee.
K. Disclaimers. By Using this
Site and Service you expressly agree that this
Site and Service are being provided by EnglishU strictly
on an "As-Is" and "As Available" basis. You
further agree that use of this Site and this Service is solely
at your own risk. EnglishU, its company personnel, affiliates
and assigns, expressly disclaim all warranties of any kind, whether
express or implied, including but not limited to the implied
warranties of merchantability, fitness for a particular purpose
and non-infringement.You acknowledge that there may be viruses,
bugs, errors, problems, limitations, and inaccuracies in this
Site and Service, and you undertake the use of this Site and
Service solely at your own risk. EnglishU, its company
personnel, affiliates and assigns, and third parties are not
responsible or liable in any way for any damage to your computer,
system, data, machine, company, person or entity that may be
the direct or indirect result of the use of this Site or this
Service. Furthermore, EnglishU, its company personnel,
affiliates and assigns, make no warranties as to the availability
of the Site or Service at any point. No oral or written communication by members and/or users
and/or those from EnglishU can change any express
or implied warranties stated in Terms of Use Agreement.
L. Arbitration. Users of this
Site and Service provided by EnglishU agree to let any
dispute arising from use of this system to which EnglishU
is a party to be settled by binding arbitration in accordance
with the commercial arbitration rules of the American Arbitration
Association.. Any such claim, dispute, controversy, etc. shall
be handled on an individual basis and shall be independent of
any claims by any other party. The arbitration shall be conducted
in Columbus, Ohio. Judgment on the arbitration award may be entered
into any court having jurisdiction thereof. EnglishU or
you may seek any interim or preliminary relief from a court of
competent jurisdiction in Columbus, Ohio pending the outcome
of arbitration if such interim or preliminary relief is necessary
to protect the rights or property of EnglishU or you.
M. Notice. All formal notices
to EnglishU must be made via e-mail
or regular mail (EnglishU , 856 So. Yearling Rd., Collumbus, OH 43213). Regular notices of bugs, problems,
irregularities or violations should be direct to appropriate
area. (See Contact
Info) Notice to you or other members may be made via e-mail
at the e-mail address you provide in your Listing or via regular
mail at the address you provide in your Listing. All notices
will be deemed as attempted or made once the notice
has been sent via e-mail or regular mail. EnglishU,
its company personnel, affiliates and assigns, are under no obligation
to track down a current e-mail or physical address to deliver
any notices. It is the responsibility of the individual user
to notify EnglishU of any changes in address.
N. Disclosures. This Service
and this Site are offered exclusively by EnglishU . All questions, mail or general correspondence can
be sent via e-mail (See Contact
Info), or by regular mail at this address:
EnglishU , 856 So. Yearling Road, Columbus, OH 43213.
O. General. This Terms of Use
Agreement, as well as all other terms and conditions of any other
Agreements, Guidelines, Rules, Policies, Amendments, documents,
postings, and/or modifications posted or placed anywhere
on this site are incorporated herein by reference, and governed
in all respects by the laws of the state of Ohio. If any provision
of this Agreement is held to be invalid or found to be unenforceable,
then such provision shall be struck out leaving the rest of the
Agreement in full force. Failure to act by EnglishU to
enforce any provision of this Agreement shall not deem that provision
as having been waived, nor does it in any way restrict EnglishU
from pursuing future similar or unrelated breaches or violations.
Headings and paragraphs as used in this Agreement are solely
for reference purposes and in no way define, limit, construe,
describe or in any other way restrict the scope or extent of
any section or paragraph. This Agreement sets forth the entire
understanding and Agreement between you and EnglishU, its
company personnel, affiliates and assigns. No other express or
implied agreements exist between you, any individual user, any
group of users, any third parties or EnglishU, its company
personnel, affiliates and assigns, with respect to any
matters set forth and covered with respect to subject matter
of this Agreement.