1. General Terms of Service

1.1 For your convenience, these terms are available in English, but in the event of any conflict the English version will be final.

1.2 Capitalized terms are defined in the text of these Terms of Service or in Section 10.

1.3 The Company owns and operates the Learning Spanish Academy site. We offer you the ability to learn various skills through our online services and site functionality, as well as offline through downloads available on the site (collectively, the “Service”). The Service includes access to certain Courses offered by the Company (the “Courses”).

1.4 Below is a brief summary of certain terms and conditions that are included in these Terms of Service. However, this summary is provided for your convenience only; therefore, you should read the entire Terms of Service before agreeing to them.

You are granted the right to use the Service, subject to these Terms of Service. This right of use is limited to your person, as an individual (not as an alliance, business or corporate entity), which is non-transferable, unless express written consent of the Company is recorded. In order to take full advantage of the Service, you will need to accept the end user license agreement and terms and conditions for any other related software and hardware. Your refusal to accept the terms of such agreements may limit your ability to fully use the Service.

Notwithstanding any other provision contained in this document, the Service will be available for use from the registration of your data together with the payment of the Course, including the corresponding renewals, unless something different is established in this document. The Service only works with your personal computer and compatible devices. To use the Service, you must register and open a Learning Spanish Academy Account. We reserve the right to make periodic updates to the Service, with or without notice. The Service includes features related to security and tampering that, if activated, may render content unavailable for use. You must be at least 18 years of age to accept these Terms of Service, provided, however, that if you are under 18, your parent or legal guardian may accept them on your behalf.

By using the Service, you consent to the collection, processing and use of all information related to your use of the Service, which is collected and handled in accordance with the terms of our Privacy Policy. You understand that you may find content objectionable. We reserve the right, at our discretion, to change these Terms of Service at any time, without notice. In the event of any material changes, we will use commercially reasonable efforts to notify you and obtain your consent before implementing such changes. Learning Spanish Academy makes public, to the fullest extent permitted by law, certain representations and warranties related to the Service, and limits its liability with respect thereto.

If you have any questions about these Terms of Service, or wish to contact us for any reason, please contact us via email at info@learningspanishacademy.com; and if you are a student, send us your question from the learning platform, using the “Contact us” link.

2. Permission to use the Service; reservation of rights

By accepting these Terms of Service, you are granted a limited, non-exclusive, non-transferable and non-sublicensable right to enter, access and use the Service solely for personal and non-commercial use. All rights not expressly granted to you in these Terms of Service are reserved by the Company and its licensors, as applicable. You agree that this permission is for your personal, non-commercial use and that no one other than you will use the Service. You do not have the right to copy or reproduce in whole or in part any portion of the Service, including without limitation, the content of Learning Spanish Academy. Other than the limited license granted in Section 2, you have no other right, title, or interest in the Service. You understand and acknowledge that, in all circumstances, your rights with respect to the Service will be limited by applicable copyright or intellectual property laws and these Terms of Service.

3. Service Description

3.1 GENERALITIES.

3.1.1 Your Account and Registration Information . You can browse, view, and search within the Service without having to open a Learning Spanish Academy Account or provide registration information. However, for any other use of the Service and access to the Courses, you must open an account with Learning Spanish Academy and provide the registration information to the Company.

3.1.2 Access to Learning Spanish Academy Content . Ownership of Learning Spanish Academy content is further defined in Section 8 (Intellectual Property) of these Terms of Service. You can access the content of Learning Spanish Academy as many times as you wish, as long as you have subscribed to the Service. You are not authorized to download the support files, except when clearly specified. Any transfer of the Learning Spanish Academy Content is solely for your convenience and will not constitute a grant or waiver (or other limitation or implication) of any copyright in the Learning Spanish Academy Content.

3.1.3 Additional Software and Hardware Terms . Please note that there may be separate end user license agreements and Terms of Service that you must accept for hardware and software that you use in connection with the Service, or that may interact with the Service. Your refusal to accept the terms of such agreements will limit your ability to fully use the Service. In addition, the Service only works with compatible devices.

4. Promotions

The Company, other Learning Spanish Academy entities, and certain third parties may, from time to time, place advertisements or present offers and promotional materials on or through the Service. Your participation in any promotion or offer is subject to the applicable rules related to the promotion. Your relationships with other entities or third parties, as well as your participation in third party promotions or offers that are advertised or appear on the Service, are solely between you and such third party.

5. Restrictions

Your use of the Service is subject to the following restrictions:

5.1 Company Rules and Policies . By using the Service, you will be subject to any other guidelines or rules applicable to specific services and features that may be published from time to time (the “Guidelines”). All Guidelines are incorporated by reference into these Terms of Service. These Guidelines will apply generally on a non-discriminatory basis to all end users of the Service and may include, for example, required or automatic software updates, modifications and reinstallations, and making patches available to, among other reasons, address issues security, interoperability and/or performance. These updates, modifications and similar operations may be made periodically or as necessary, without prior notice. In addition, you understand that certain aspects of the Service are capable of self-monitoring and may create a special identification system for purposes related to security and tamper detection. Your access to certain applications is subject to restrictions for security reasons or according to the consistently applied Learning Spanish Academy Content protection policies. You understand and agree that Learning Spanish Academy Content previously available for your use may not be available thereafter.

5.2 Age Requirement . You must be at least 18 years of age to agree to and accept these Terms of Service on your own behalf. If you are under the age of 18, your parent or legal guardian must agree to these Terms of Service and register for the Service on your behalf. Under the Children’s Online Privacy Protection Act (COPPA), and as amended from time to time, if you are under the age of 13, you are requested not to provide any information to the Company. , whether through the use of the Service, participation in any of the promotions, contests or sweepstakes related to the Service, or through any other activity.

5.3 Prohibited Conduct . You will not use the Service to transmit, display, perform, or otherwise make available messages, content, or materials (i) that are unlawful, obscene, threatening, unsolicited bulk or “spam,” defamatory, invasive of privacy, or (ii) that violate or infringe copyrights, trademarks, patents, trade secrets and other intellectual property rights, rights of privacy or publicity, communications regulations or statutes, or any other laws, including, without limitation, laws on defamation, harassment, obscenity and pornography; (iii) that constitute political campaigns or sales or marketing solicitations or that contain computer viruses or other computer code intended to interfere with the functionality of computer systems, or (iv) that in any way harm minors. You agree not to interrupt or attempt to interrupt the operation or the Service in any way. During the Course, students are expected to behave in an appropriate and respectful manner, holding a high standard of education and career progression towards other people. Any violation of the provisions herein will be subject to review and pertinent actions that the Company decides to adopt, at its sole consideration and even proceed to the right to Terminate the Service in accordance with the provisions of Section 9.3 of this document. In addition, you may not use a false email address or in any way mislead other members as to your identity or the origin of any message or content.

5.4 Restriction on Use Related to the Service . The Service includes security components, so special rules and policies apply. You shall not attempt (or support the attempts of others) to circumvent, reverse engineer, decipher, decompile, disassemble or in any way modify, alter or interfere with any aspect of the Service. You may not distribute, exchange, modify, sell or resell, or transmit to any other person any part of the Service, including, without limitation, any text, images, or audio, for any business, commercial, or public purpose. You agree not to copy, sell, distribute or otherwise transfer Learning Spanish Academy Content, except as expressly permitted herein.

5.5 Restriction on use related to the Learning Spanish Academy Account . You may only open a Learning Spanish Academy account for yourself, and not for any other person, subject to the provisions of the section above entitled “Age Requirements”. You agree that you will not allow other people to use the Registration Information and/or the Learning Spanish Academy Account and agree that you are solely responsible for maintaining their confidentiality and security. You agree to immediately notify the Company of any unauthorized use of your password and/or Learning Spanish Academy Account by contacting us via our website www.learningspanishacademy.com or through the “Contact Us” link on the learning platform. If you use or open an account on the Service on behalf of a company, entity or organization (collectively “Subscribing Organization”), you represent and warrant that you are an authorized representative of such Subscribing Organization with authority to bind such organization, which shall abide by and comply with these Terms of Service, and you agree to do so on behalf of such Subscribing Organization.

5.6 Restriction on Use Related to Learning Spanish Academy Content . Except as expressly permitted herein, the rights granted to you hereunder do not confer on you any of the following: (a) rights of reproduction or promotional use in the Learning Spanish Academy Content, (b) rights to enter into agreements with any revenue-generating broadcast system (terrestrial, satellite, cable, and/or other distribution channels), (c) rights to distribute or redistribute Learning Spanish Academy Content in streaming applications (via the Internet, intranets, and/or other networks) , (d) rights to distribute the Learning Spanish Academy Content to other people in other content distribution systems (pay audio applications or audio on demand, etc.) or on physical media (compact discs, digital versatile discs, chips semiconductors, hard drives, memory cards, and the like), or (e) commercial use, sale, resale, reproduction, distribution, or promotional rights to the Learning Spanish Content Academy. Any digital rights management solution provided with the Learning Spanish Academy Content is an inseparable part of it, and may not be circumvented, except to the extent permitted by applicable law. If you are in possession or control of Learning Spanish Academy Content, it is your responsibility not to lose, destroy or damage said content.

6. Charges and billing

6.1 Payment Agreement . All users of the Service must first accept these Terms of Service, complete a payment authorization, and sign the Terms and Conditions of Purchase (“Terms of Purchase”). You agree to pay all charges for products and services purchased through your Learning Spanish Academy account, in accordance with the charges and terms of purchase in effect at the time payment is due.

When you purchase a Course you may choose to pay the fees associated with the Course (“Course Fee”): (1) in advance, and must be paid immediately with payment to your Learning Spanish Academy account; or (2) in the event that the company and you consent, that the payment be made monthly, based on a certain number of recurring monthly charges, or in any other way that requires more than one charge, which must be paid by you to keep your Learning Spanish Academy account active.

In the event that you have selected the monthly payment method but later want to pay the entire charge, you must contact us to find out how much you will have to pay for the rest of the charges for the Course. Your obligation to pay all Course fees continues even after the closure of your Learning Spanish Academy account, or the termination of these Terms of Service and the Purchase Conditions associated with your account.

6.2 Refund Policy . After seven (7) days have elapsed from the date of purchase of the Course, payments or charges made are non-refundable. Any refund that the Company must make to you will be credited to the credit card or the instrument that you have designated the first time you make a purchase or incur a charge in the Service, as established in Section 6.4 of this agreement. . Unless otherwise described here or in our Billing Terms, in effect at the time a charge is due, all payments are non-refundable. Charges for payments via credit card or bank transactions are non-refundable.

6.3 Termination . The Company reserves the right to terminate your Learning Spanish Academy Account and/or your access to the Service if you violate the Terms of Service. If your Learning Spanish Academy membership and subscription(s) to the Service are terminated, fees and charges incurred prior to such termination will not be refundable.

6.4 Bank and credit card transactions . During the registration process you may be asked to provide information about your credit card or bank account (your “payment instrument”). As a user of the Service, you agree that your credit card will be charged or your bank account will be debited, applicable fees, as well as any sales tax and any other charges you incur in connection with the use of the Service. , without the need for additional notice or consent.

6.5 Where you use your payment instrument to make purchases on the Service, we may, with your consent, charge your payment instrument individually or add your charges to other purchases you make on the Service. . All information you provide in connection with the Service must be correct, current and complete. YOU GUARANTEE THAT YOU HAVE THE LEGAL RIGHT TO USE THE PAYMENT INSTRUMENT(S) YOU HAVE USED TO MAKE PURCHASES FROM THE LEARNING SPANISH ACADEMY SERVICES.

6.6 You agree to maintain adequate funds in your payment instrument to satisfy any amounts you may owe the Company. Additionally, you are responsible for maintaining the confidentiality of your Learning Spanish Academy Account and will be responsible for any charges incurred by any other person through your Learning Spanish Academy account. All charges will be billed to the payment instrument you designate the first time you make a purchase or incur a charge on the Service. Any bank commission or charge reflected in your payment instrument made by your financial or credit institution will be your responsibility. If your billing information changes, you must update such information by contacting an advisor or representative of the Company, using the number that appears on the website or in the learning platform through the “Contact Us” link.

6.7 By providing your credit card, bank account or other payment information to the Company, you acknowledge and agree that we may store your payment instrument information until you close your Learning Spanish Academy account, as provided in the Privacy Policy, unless you request Learning Spanish Academy Customer Service to delete your credit card and/or bank account information, in which case it will be deleted as stipulated in the Privacy Policy. By providing your payment instrument information to the Company, you agree that we may keep your credit card or bank account information on file until your Learning Spanish Academy account is closed as set forth in the Privacy Policy. , unless you make a request to Learning Spanish Academy Customer Service to remove your credit card information, in which case it will be removed in accordance with the provisions of the Privacy Policy. By providing the information of your payment instrument to the company, you agree that you will consult the terms and conditions imposed by the issuer of your payment instrument regarding the notification requirements and limitations of liability that apply to you in the event of loss, theft or unauthorized use of your payment instrument. You agree that you, and not Learning Spanish Academy Inc. or its Affiliates, will be solely responsible for payment of all amounts billed to your credit card by unauthorized third parties. You agree that you will not provide information about any payment instrument that was not issued to you.

6.8 Taxes on transactions . Purchases on the Service may include sales tax or value added tax (where applicable) or bank transaction charges, and these taxes or charges will be based on the best information available about your tax address. In such cases, the tax rate in effect at the time purchases are made on the Service will apply. If you change the tax rate applicable to sales before finalizing the corresponding purchases, the new tax rate that is in effect at the time you make the purchase on the Service will apply. Other product and service limitations and disclaimers may apply. You will be solely responsible for paying all such taxes.

6.9 Right to change prices . All prices related to the Service are subject to change by the Company at any time, without notice and without liability to you. The Company does not offer price protection or refunds in the event of a price drop or promotional offer.

6.10 Free Trials or other Promotions . In accordance with clause 4 and 12 of these Terms of Service, any free trial of the Service, or other promotional activity that the Company may make available to you, must be used during the period of time specified for the trial. At the end of this period, your use of the service will expire and any further use of the service is prohibited unless you pay the applicable charges.

7. Special notifications

As a user of the Service, please note the following:

7.1 Privacy . By registering for the Service, you consent to the collection and processing of all information related to your use of the Service, including Registration Information. The Company collects and handles this information in accordance with the terms of the Privacy Policy, which is expressly incorporated into these Terms of Service by reference. By accepting these Terms of Service, you also agree to the Privacy Policy which is available on the Company’s website.

7.2 Accuracy of information . You represent and warrant that all information (including Registration Information and responses to polls and surveys) that you provide to the Company is correct, complete, and current, and you agree to update such information as necessary. You also agree that any information provided by you to the Company will not violate any law or regulation, or infringe the rights of any third party.

7.3 Certification of residence and capacity to enter into contracts . By opening a Learning Spanish Academy Account, you represent and warrant to the Company that you reside in the territory you have indicated in your profile and that you have the capacity to enter into contracts under the laws of your jurisdiction.

7.4 Nature of Content . You understand that by using the Service and accessing Learning Spanish Academy Content, you may encounter material that you may find explicit, offensive, or otherwise objectionable. The Company may include, if available, information related to ratings, content type, and descriptions, if such information is provided by the corresponding owners of the Learning Spanish Academy content. However, the Company is not responsible for the accuracy of such information. You agree to the following, regardless of whether or not the Service includes parental control features and regardless of how many times you use such features: (a) it is your responsibility to determine what Learning Spanish Academy Content or materials that make up the Service meet its standards, and (b) under no circumstances shall the Company or its Affiliates or content providers be in any way responsible for any Learning Spanish Academy Content or materials to which you have access. You agree to use the Service at your own risk and that the Company and its Affiliates shall have no liability to you with respect to any content or materials contained in the Service.

7.5 Risk of use . Neither the Company nor its Affiliates shall assume any responsibility and shall not be liable for any damage or viruses that cause any damage to your computer or other property as a result of accessing, using, downloading or browsing the Service.

7.6 Links from other websites to third party sites; RSS news . The Company is not responsible for the content or availability of RSS feeds or websites associated with the Service, nor is it responsible for any third party websites linked to or from the Service. Your access to RSS feeds and links to other Web sites is entirely at your own risk. All RSS feeds and links are provided for your convenience only and should not be construed as an endorsement by the owner/sponsor of the site. The Company disclaims any warranty, either express or implied, as to the accuracy, quality, or any other aspect of any material or information contained in such RSS feeds and Web sites.

7.7 LearningSpanishAcademy – Talent Connect . The Company may make available professional career services (hereinafter “Learning Spanish Academy – Talent Connect” or “Talent Connect”), which form part of these Terms of Service, and apply to you and any potential employer (the “Employer”) that uses our site or that acquires the LearningSpanishAcademy Curriculum Program associated with Learning Spanish Academy – Talent Connect (the “Program”), available through the website that the Company designates for the Learning Spanish Academy – Talent Services Connect (the “Site”), or otherwise indicate your acceptance for the Program.

7.7.1 The Program . LearningSpanishAcademy provides temporary and limited access to the use of the Program to all those individuals who wish to publish their resume on the Site and/or those who are interested in creating a professional resume using the Program (hereinafter, “Resume Owners”). Likewise, the Program will be available to all those Employers who wish to contract the Learning Spanish Academy – Talent Connect Services through the Site, which is subject to all the guidelines, policies and other terms and conditions established by the Company. In relation to the Program, LearningSpanishAcademy may send you electronic correspondence as a person interested in obtaining job offers (the “Interested Persons” or “Job Seekers”), indicating in these communications possible job offers from some Employers that are potentially compatible with the Owner of the Program. Resume. The Company reserves the right to charge third parties a fee for accessing your professional information, including Personal, Academic and Employment Information, as part of the Learning Spanish Academy – Talent Connect Services. The Company may also send your resume to third parties if you choose to apply for a job offer advertised by LearningSpanishAcademy.

7.7.2 Contact Information and Curriculum . When you submit your contact information (such as your name and email address), demographic, academic, and professional information to the Company, you agree that the Company may use this information for the Program in accordance with these Terms of Use. Services. If this is the case, you agree that the Company may, as part of the services for you, communicate with you and connect you with a potential Employer, through your LearningSpanishAcademy account or through other means such as email, telephone (including your mobile phone) or traditional postal correspondence based on contact information that you may have provided to the Company, or that the Company may have obtained from third parties to whom you have given prior consent. To the extent permitted by applicable law, LearningSpanishAcademy, its affiliates or designated agents may also use your contact information to (i) send you job alerts; (ii) create an account for you in the Program; and (iii) send you information about LearningSpanishAcademy, including promotional materials and job alerts. A job alert is defined as an email sent to you for job listings in response to: i) a search query you have run through Learning Spanish Academy’s Talent Connect services; or ii) a job that LearningSpanishAcademy may have identified for the Interested Party based on matches between their Resume and an Employer’s job offer (collectively, the “Job Alert”).

7.7.3 Job Alerts . Job Alerts may also include jobs that LearningSpanishAcademy obtains from third parties. The Company may use your demographic and/or profile data to tailor your experience on the Site, show you content that LearningSpanishAcademy thinks you may be interested in, and show content according to your work and professional preferences, which will be included on the Site when you upload or edit a resume using the Program. To the extent that you upload or edit your resume through the means of the Program for the purpose of contacting Employees who may be interested in you as a potential employee, you are making available to the Company and third parties your personal and employment information. In turn, the Company could index your Curriculum in search engines with Job Alerts with which the Company has a commercial collaboration agreement. From time to time, the Company may use job search engines such as LinkedIn, CareerBuilder, TheLadders, Glassdoor, Monster, OCC, among others, which in no way sponsor, direct, or administer the LearningSpanishAcademy site, the Talent Connect Service or the Program.

7.7.4 Resume Search . You acknowledge that the Company may determine whether words on your Resume or those of other individuals match keywords in certain job descriptions included in Job Alerts, and vice versa, in order to improve the Site or any other Program product or service to disposal of you and Employers. Pursuant to the foregoing, if you post a Resume in the Program available on the LearningSpanishAcademy site , search engines may crawl it and display it when someone searches for your name. This means that third parties could see the personal information contained in your resume and you could receive unsolicited contacts from parties not affiliated with LearningSpanishAcademy. If this happens, the Company is not responsible or assumes any burden or cost of any nature, against you, Employers or any third party with direct or indirect interest.

7.7.5 Opt-Out of the Program . If you do not want your personal information or your Resume to be published on the site, you should not upload it to the Site. If you have already uploaded your Curriculum, you can opt out of this feature at any time by sending an email to info@learningspanishacademy.com. However, LearningSpanishAcademy does not guarantee the frequency with which third-party search engines will update their caches, which may continue to display your Resume information.

7.7.6 Notice to Employers .

1. (a) Employer Information. The Employers acknowledge, represent and warrant that all information they provide to LearningSpanishAcademy is correct and current. In addition, the Employers, by accepting these Terms of Service, declare that they release the Company from any responsibility for the lack of capacity of any of its employees, agents and representatives who accept these Terms of Service. For the Company, it will only suffice that the acceptance comes from an individual with a corporate email address that identifies the Employer.

2. (b) The Employers will not use any information obtained from the Site, except for internal use and exclusively to select eligible candidates for Job Alerts, and to contact the owners of the Resumes through the LearningSpanishAcademy Program, for the purpose of filling their potential job vacancies. It is expressly forbidden to use any product or system intended to: i) extract the information of the owners of the Curriculums; or ii) to circumvent LearningSpanishAcademy’s systems. Use of such systems will result in immediate termination of access to the Program. In addition, Employers agree that as a feature of the Program, LearningSpanishAcademy may send emails to Resume Owners referencing Employers’ names, and their Job Alerts potentially matching certain Resumes. When communicating with these Interested Parties, LearningSpanishAcademy does not guarantee that they will receive electronic communications with job offers from your company, that they will read said message, that they will act on said message, or that any of the Curricula available in the Program is valid, accurate or complete in any respect. In the event that the telephone numbers are provided by the Interested Party, LearningSpanishAcademy does not guarantee their validity, accuracy and cannot confirm whether said numbers correspond to landlines or cell phones. The Employers acknowledge, declare and guarantee that in case of finding coincidences between the Job Alerts and the Curriculums, they will only contact the Interested Parties in order to discuss relevant job opportunities, and not to make sales of unsolicited products and/or services. . It is the sole responsibility of Employees to comply with all guidelines of the current TCPA laws in the United States of America, including any other laws against automatic telephone dialing systems known as “robocalls”.

3. (c) Compensation for LearningSpanishAcademy. The Employers agree that by acquiring their access to the Talent Connect Program and services administered by the Company, the compensation they will make to LearningSpanishAcademy as consideration for the services received will be in kind through the extension of an express authorization for the benefit of “Learning Spanish Academy” for that it may make limited and non-exclusive use of the Employer’s name, trade logo or distinctive mark for advertising purposes on the LearningSpanishAcademy Sites and its web pages that are intended to promote the LearningSpanishAcademy Talent Connect Program and services.

4. (d) Special Limitation of Liability. Notwithstanding any other provision of these Terms of Service, the availability of LearningSpanishAcademy’s Talent Connect Program and services is provided on an “AS IS” and “AS AVAILABLE” basis. The Company and its affiliated companies expressly disclaim all warranties, express or implied, including without limitation, any warranties of performance, merchantability, fitness, non-response by Data Subjects, or any other grounds for non-compliance by Data Subjects to an offer of employment initiated by the Employer.

8. Intellectual property

8.1 Trade Secrets and Proprietary Materials . The Service contains and/or incorporates trade secrets, patented (and/or patent-pending) inventions, and/or proprietary materials and intellectual property of the Company and/or its licensors. All title and ownership rights in the Service, including without limitation the Learning Spanish Academy content and any copy related to the Service and the Learning Spanish Academy content, remain the property of the Company and its licensors, as applicable. . You agree to keep non-public information on the Service confidential and not to disclose such information to any third party without Company’s prior written approval.
Students are not authorized to try to reconfigure, break down or reverse engineer the Learning Spanish Academy website, the Service and/or the Learning Spanish Academy content.

8.2 Copyright . The Learning Spanish Academy Content and other works of authorship found on, or made part of, the Service (collectively, the “Content”), are protected by applicable copyright laws and international copyright treaties. , as well as other intellectual property laws and treaties. The Content is licensed, not sold. You may not make unauthorized copies or use any part of the content, except as specified herein and in accordance with applicable law. All titles and copyrights of the Content and the Service (including without limitation, images, illustrations, graphics, photographs, animations, video, audio, music, text, scripts, “applets”, files, URL’s, documents and interactive features included in or available through the Service), are the property of the Company or its licensors. You agree to comply with all applicable copyright protection laws in connection with your use of the Service and the content. In addition to the provisions of these Terms of Service, the Company may take appropriate measures to protect copyrights in the content.

8.3 Trademarks . You may not use any of the trademarks found within the Service, except as specified herein and in accordance with applicable law. You may not copy, display, or use any of the Trademarks without the prior written permission of the owner. Any unauthorized use could violate trademark laws, the laws of privacy and publicity, as well as civil or criminal laws. The marks listed below are trademarks of the Company, its direct or indirect parent companies, and/or its Affiliates, licensors or third party owners. Nothing contained in the Service shall be construed as granting by estoppel or otherwise, any license or right to use any brand. Please note that the following list of brands is updated on a regular basis. Therefore, neither this list nor its updates include all brands. For questions regarding any of the marks or the following list of marks, please direct inquiries to Learning Spanish Academy Inc., Attention: Business and Legal Affairs, 3059 Grand Ave Suite 200, Coconut Grove, Florida, 33133. The “Learning Spanish Academy” brand, the “Learning Spanish Academy” and “LearningSpanishAcademy” logos, and other trademarks used in the Service are registered trademarks of their respective owners.

8.4 Rights of the Company regarding the materials you post . By submitting messages, feedback, inputting data, or engaging in any other form of communication through the Service (if permitted by the Company) or through the Company’s official social media networks, you represent that you have all rights to post such materials. , that these do not violate the rights of third parties, and that you agree that the Company may copy, sub-license, adapt, transmit, publicly perform or display any such content to provide and/or promote the Service and/or respond to any request legal, demand or threat. If the Company’s use of such content implies any proprietary rights you may have in such material, you agree that the Company has an unrestricted, royalty-free, non-exclusive, perpetual right to use this content throughout the world. . You agree that any loss or damage of any kind arising from the use of any message, content or material that you upload, post, transmit, display or otherwise make available through your use of the Service , is exclusively the responsibility of your person. In the same way, you are solely responsible for monitoring and protecting the intellectual property rights that may belong to you on those publications that you express on social networks, including, but without implying any limitation to messages, texts, illustrations, data , files, images, graphics, photos, comments, sounds, music, videos, information, content and/or other elements. The Company neither bears nor accepts any liability on your behalf.

8.5 Action for Infringement of Intellectual Property Rights . If the Company receives a notification alleging that you have engaged in conduct that violates any of the intellectual property rights of the Company or its Affiliates, or of a third party, or if it reasonably suspects this, the Company may suspend or terminate terminated your access to the Service, without prior notice. If the Company acts under this Section, the Company will have no liability to you, including for any amounts you have previously paid or any credits you have in the Service.

8.6 Compliance with the Copyright Protection Act, in the Digital Millennium (“Digital Millennium Copyright Act Compliance”) . If you are a copyright owner or an agent thereof, and you believe that user-submitted materials, or other non-Company materials, violate your rights, you may submit a notice under the Copyright Protection Act. the Digital Millennium Copyright Act (DMCA), by providing our copyright agent (listed below) the following information in writing (see 17 USC § 512(c)(3) for greater details): (a) a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, (b) identification of the copyrighted work that is claimed to have been of an infringement, or, if a single notification covers multiple copyrighted works on the Service, a representative list of such works on the Service, (c) identification of the material that is claimed to be infringing or is 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 Learning Spanish Academy to locate the material; (d) information reasonably sufficient to permit Learning Spanish Academy to contact the complaining party, such as an address, telephone number, and, if available, an email address where the complaining party may be contacted, (e) a statement that the complaining party has a good faith belief that use of the material in dispute is not authorized by the copyright owner, its agent, or the law, and (f) a statement that the information in the notice 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.

8.7 Ownership and Use of Student Work . Notwithstanding the foregoing in section 8.4 of these Terms of Service, the Company acknowledges that users of the Learning Spanish Academy Entrepreneurship Course (the “Students”) may own copyright in works created by them prior to its disclosure to the Company, or as part of a work created during the LearningSpanishAcademy Entrepreneurship Course (the “Student Work”). Students grant the Company, its affiliates, employees, and staff, a free license to use the Student Works for educational and research purposes, including, institutional and academic research projects, program review, and sample assignments that may be provided. to the Company’s academic tutors or other Students to enrich the learning experience. As part of this activity, no personally identifiable information will be included in the Student Works. LearningSpanishAcademy will use its best efforts to keep Student Works and related information confidential under common security standards (such as having password controls, however encryption is not available). In this sense, you grant the Company full authorization and free use of your work for educational and research purposes, which, among others, include academic institutional research projects, tasks and assignments that could be shared with the Company’s Tutors. or other students to enrich the learning experience.

9. Standard Terms

9.1 Resources. You agree that any unauthorized use of the Service and any technology contained therein could cause irreparable harm to the Company for which monetary damages would not be sufficient. Therefore, in such event, the Company shall be entitled, in addition to other remedies available at law and in equity, to immediate injunctive relief against you and to prevent any unauthorized use. Nothing in this Section or elsewhere in these Terms of Service shall be construed to limit the remedies available to you pursuant to legal or other claims that Company may have under an independent legal authority. You understand and agree that cancellation of your Learning Spanish Academy account is your sole right and remedy with respect to any dispute with the Company.

9.2 Indemnification. You agree to defend, indemnify and hold harmless the Company from and against any and all claims, losses, damages, liabilities, deficiencies, judgments, liens, fines, costs and other expenses (including reasonable attorneys’ fees) that arising out of or in connection with your use of the Service, or any breach by you of these Terms of Service, and you agree to reimburse the Company, upon request, for any losses, costs or expenses incurred incur because of it.

9.3 Term; termination. The term of these Terms of Service will remain in effect until terminated as described herein. These Terms of Service and your rights to access, download and use the Service are subject to immediate termination, without notice, (a) if you breach (or the Company reasonably suspects that you have breached) any provision of these Terms of Service, or (b) upon Company’s discontinuation of the dissemination or support of the Service. If such termination without notice is expressly prohibited by applicable law, then such termination will occur upon notice of any such breach. Upon termination, you must stop using the Service, entirely. If the Company terminates these Terms of Service, or suspends your Learning Spanish Academy Account for any of the reasons set forth in these Terms of Service, the Company will have no obligation or liability to you and will not refund any amounts you have paid in advance.

9.4 LEGAL NOTES; LIMITATION OF LIABILITY.

9.4.1 YOU UNDERSTAND AND AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND BY COMPANY OR ITS AFFILIATES, AS APPLICABLE, AND TO THE FULLEST EXTENT PERMITTED BY LAW. APPLICABLE, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE IN TERMS OF PERFORMANCE, ACCURACY, RELIABILITY, SECURITY, CAPACITY, CURRENTNESS, OR OTHERWISE. YOU SHALL NOT HOLD COMPANY OR ITS AFFILIATES LIABLE FOR ANY DAMAGES ARISING OUT OF YOUR ACCESS (INCLUDING ANY SOFTWARE OR SYSTEMS YOU USE TO ACCESS) THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGE TO ANY REGISTERED COMPUTER, SOFTWARE OR SYSTEM, OR HANDHELD DEVICE THAT YOU USE TO ACCESS IT. THE OPERATION OF THE SERVICE IS NOT WARRANTED TO BE UNINTERRUPTED OR ERROR-FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE ANY WARRANTY REGARDING THE COMPANY OR ITS AFFILIATES.

9.4.2 THE COMPANY DOES NOT WARRANT THAT THE SERVICE IS COMPATIBLE WITH ANY PERSONAL COMPUTER, CD OR DVD PLAYER, CD OR DVD RECORDER, OR REGISTERED PORTABLE DEVICE. YOU ARE SOLELY RESPONSIBLE FOR ENSURE THAT YOUR SYSTEMS OPERATE PROPERLY WITH THE SERVICE; AND UNLESS OTHERWISE INSTRUCTED BY COMPANY, USE OF MOBILE APPLICATIONS IS LIMITED TO THE APPROPRIATE DEVICE AND/OR OPERATING SYSTEM APPROPRIATE TO ACCESS THE MOBILE APPLICATION. THE COMPANY DOES NOT ACCEPT ANY RESPONSIBILITY FOR UNAVAILABLE APPLICATION OR ANY DIFFICULTY OR INABILITY TO DOWNLOAD OR ACCESS MOBILE CONTENT OR ANY OTHER COMMUNICATION SYSTEM FAILURE WHICH MAY RESULT IN THE MOBILE APPLICATION BEING UNAVAILABLE.

9.4.3 THE SERVICE MAY CONTAIN VIEWS, ADVICE, STATEMENTS AND OPINIONS, WHICH REPRESENT THE VIEWS, ADVICE, OPINIONS AND STATEMENTS OF THE INDIVIDUAL AUTHORS AND NOT NECESSARILY THOSE OF ANY AFFILIATED COMPANY. THE COMPANY DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY VIEW, ADVICE, OPINION, STATEMENT OR OTHER INFORMATION PROVIDED BY SUCH AUTHORS. SUCH VIEWS, OPINIONS, ADVICE, STATEMENTS OR OTHER INFORMATION ARE SOLELY THOSE OF THE AUTHORS AND MAY NOT BE ATTRIBUTED TO THE COMPANY OR ITS AFFILIATES. YOUR RELIANCE ON SUCH VIEWS, OPINIONS, ADVICE, STATEMENTS OR OTHER INFORMATION IS ALSO AT YOUR OWN RISK. THE COMPANY SHALL NOT BE LIABLE TO ANYONE FOR ANY INACCURACY, ERROR, OMISSION, INTERRUPTION, TIMELINESS, INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, INTEGRITY, DELETION, DEFECT, MALFUNCTION, FAILURE IN COMMUNICATION LINES, ALTERATION OR USE OF THE WORKS OF THE AUTHOR, REGARDLESS OF THE CAUSE, OR FOR ANY DAMAGES RESULTING THEREFORE. THE COMPANY ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGE OR VIRUSES TO YOUR COMPUTER OR OTHER PROPERTY RESULTING FROM YOUR ACCESS TO OR USE OF THE AUTHOR’S MATERIALS.

9.4.4 IN NO EVENT SHALL COMPANY BE LIABLE FOR DIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES, LOSS OF PROFITS, REGARDLESS OF CAUSE, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, THESE Terms of SERVICE OR THE PURPOSE OF ANY OF THE FOREGOING, UNDER NO THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO: (1) DAMAGES ARISING FROM LOST DATA, LOSS OF PROFITS, LOSS OF USE OF THE SERVICE AND ANY DOWNLOADS OR ANY RELATED EQUIPMENT , DOWNTIME, AND USER TIME, EVEN IF THE COMPANY AND ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (2) DAMAGES ARISING FROM YOUR USE OF THE SERVICE IN VIOLATION OF THESE Terms of Service, IN PARTICULAR LIMITATIONS REGARDING USE. UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS AFFILIATES BE LIABLE FOR THE UNAUTHORIZED USE OF ANY CONTENT OR ANY USE OF THE SERVICE TO DEVELOP, DISTRIBUTE, OR USE ANY MATERIAL THAT IS DEFAMATORY, LIBELABLE, LEGAL, OR OBSCENE, OR GIVES A FALSE IMPRESSION OF ANY PERSON, THAT CONSTITUTES AN INVASION OF ANY PRIVACY RIGHTS OR A INFRINGEMENT OF ANY PUBLICITY RIGHTS, VIOLATES OR INFRINGES THE RIGHTS OF ANY THIRD PARTY, OR VIOLATES ANY FOREIGN, FEDERAL, STATE OR LOCAL LAW OR REGULATION.

9.4.5 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SUCH EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE, ANY LEGAL NOTICE OR LIMITATION ON DAMAGES OR LIABILITY HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, IN LIEU OF THE PROVISIONS HEREIN IN SUCH PARTICULAR CIRCUMSTANCE, THE COMPANY SHALL BE ENTITLED TO THE MAXIMUM WAIVERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW AND IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCES. IN NO EVENT SHALL SUCH DAMAGES OR COMPANY’S TOTAL LIABILITY EXCEED THE CHARGES PAID BY YOU IN THE LAST 12 MONTHS OR $10, WHICHEVER IS GREATER.

9.5 The Company’s right to change these Terms of Service . The Company reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms of Service at any time, without notice to you. All changes will take effect immediately. In the event of any material changes, we will use commercially reasonable efforts to notify you and obtain your consent before implementing such changes. We recommend that you check these Terms of Service periodically to see if there have been any changes. Your continued use of the Service after such changes are posted constitutes your acceptance of those changes.

9.6 The Company’s Right to Make Changes to the Service . The Company may add, change, terminate, remove or suspend any material incorporated into the Service, including features, prices and specifications of products described or reviewed on the Service, temporarily or permanently, at any time, without notice and without liability. some. In addition, the Company and/or the owners of Learning Spanish Academy Content may, from time to time, remove Learning Spanish Academy content from the Service without notice, and the Company may at any time lose the right to make certain content available. from Learning Spanish Academy. In such event, you will no longer be able to obtain or view certain content from Learning Spanish Academy.

9.7 Applicable Law and Territorial Jurisdiction . These Terms of Service and your use of the Service will be governed in accordance with the laws of the Guatemala, without including (i) the principles of conflicts of laws, (ii) the United Nations Convention on Contracts for the International Sale of Goods, (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods, and (iv) the Protocol amending the 1974 Convention, done at Vienna on April 11, 1980. You agree that any claim or dispute with the Company or any Affiliate, or arising out of or in connection with these Terms of Service, the Service, or your use of any of them, shall be brought in an appropriate state or federal court sitting in County from Guatemala. You agree to submit to the exclusive jurisdiction and venue of these courts and waive any objections as to the jurisdiction, venue or improper venue of such courts. THE PARTIES SHALL NOT BRING A DISPUTE RELATED TO THIS, AND HEREBY WAIVE ANY JURY TRIAL AND/OR ANY DEFENSE BY REASON OF TERRITORIAL JURISDICTION, IMPROPER COURT, LACK OF PERSONAL JURISDICTION, ADEQUACY OF PROCEDURAL NOTICE, OR OTHERWISE. SIMILAR REASONS IN ANY SUCH ACTION OR LITIGATION. To the extent permitted by law, the provisions of these Terms of Service will supersede the provisions of the Uniform Commercial Code and the Uniform Electronic Transactions Act that are adopted or applied to the Service in any competent jurisdiction.

9.8 Entire Agreement and Severability . These Terms of Service, the Privacy Policy, the Purchase Terms and the payment authorization (including any modification or revision made by the Company to any of these documents) together constitute the entire agreement between you and the Company with respect to its subject matter. , and supersedes all prior and/or contemporaneous agreements and understandings, whether written or oral, between you and the Company, with respect to the subject matter hereof. Except as expressly set forth herein, these Terms of Service may not in any way be amended, modified or supplemented by the parties, except by a written instrument signed by an authorized officer of the Company. If any part of these Terms of Service is found by a court of competent jurisdiction to be invalid or unenforceable, the remainder of these Terms of Service shall be construed to reasonably reflect the intent of the parties. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or content of such section. No provision hereof shall be deemed waived (by any act or omission) unless such waiver is in writing and signed by an authorized officer of the Company. These Terms of Service will be binding on and will inure to the benefit of each party’s successors and assigns, provided that you may not assign or transfer these Terms of Service, in whole or in part, without the prior written consent of an officer. authorized by the Company.

9.9 Subsequent Owner of the Service; Company merger/acquisition . By using the Service, you agree that the Company or one of its companies may, at the time of a merger, acquisition, or sale of the Service, or all or a substantial portion of the assets of the Company, assign its rights and obligations in connection with the Service to a subsequent applicable owner or operator. In the event of such a merger, acquisition, or sale, your continued use of the Service signifies your agreement to be bound by the Terms of Service and the privacy policy of the subsequent owner or operator of the Service.

9.10 Survival . The paragraphs in these Terms of Service entitled “Indemnification”, “Limitation of Liability”, “Choice of Law and Jurisdiction”, “Charges and Billing”, “Company’s Rights to Materials You Post”, “Remedies” and “ Waivers” will survive your termination.

10. Definitions

“Affiliates” means the Company and its direct and indirect affiliated companies that depend on the same parent company, including their agents, employees, licensors, distributors, business partners, suppliers and other affiliates (and each of the respective officers, directors , employees and agents of the above entities).

“Learning Spanish Academy Account” means a registered user account on the Service.

“Learning Spanish Academy Content” means the music, images, text and other materials that you may obtain or access in digital form from the Service, the content of which is the property of the Company or third-party licensors.

“Privacy Policy” means the Company’s Privacy Policy that you can consult by clicking on the link at the bottom of the main page of the Service, which may be amended, modified or revised from time to time by the Company. as indicated in the terms of the Privacy Policy.

“Registration Information” means the information that you provide to the company or the Service when you register for a Learning Spanish Academy account and during the installation process that you carry out to use the Service (including a unique member name (user ), a password and your valid email address).

11. Questions

If you have any questions or comments about these Terms of Service, please feel free to contact us by phone at the numbers listed on our website, or email us at info@learningspanishacademy.com .

Any rights not expressly granted herein are reserved.