Terms of Service Agreement


We can be reached via e-mail at CustomerCare@InstantArabic.com

 

Introduction

You may be referred to as Licensee.  The terms 'You' or 'Licensee' includes you and any of your owners, employees, partners, independent contractors, subsidiaries, affiliates, attorneys, agents, heirs, and assigns.

We may be referred to as Licensor. The terms 'Us,' 'We,' or 'Licensor' includes and our owners, employees, subsidiaries, independent contractors, agents, attorneys, and assigns.

  You must be at least 18 years old to access this website or to purchase products or services from us.

We do not direct this website to minors, nor do we knowingly collect any personal information from children under the age of thirteen.

Disclaimers

ALL CONTENT IS PROVIDED "AS IS" AND ANY AND ALL WARRANTIES ARE DISCLAIMED, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Our cumulative liability to you or anyone else for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement or use of the content or website shall not exceed the amount you have paid to us for the product or service. In no event shall we be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if we have been advised of the possibility of such damages. You agree that the foregoing constitutes your sole and exclusive remedy for any breach of this Agreement. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Prohibited Uses

You will not assign, sublicense, transfer, pledge, sell, lease, rent, lend, or otherwise dispose of the content, or any part of it, or share your rights under this Agreement, to others.

You will not violate any laws, third party rights, or this Agreement.  

You will not provide false or misleading information to us.

Consent to Use Information

When you communicate with us, send us information, or provide content to us or out website, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise all copyright and publicity rights you have in the content, in any manner whatsoever, in any media now known or which may be created in the future, including in other works and forms not associated with this website.

No Waiver of Rights

Our failure to enforce any rights granted in this Agreement or to take action against any other party in the event of any breach shall not be deemed a waiver by us as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

Return Policy

There are no returns or refunds of digitally downloaded courses. We will take all steps to ensure that You receive a link to download the course within a reasonable amount of time. We are not responsible for Your inability to completely download the course due to factors that are outside of Our control. At Our sole discretion, We may choose to provide the course you purchased in Compact Disc format where downloading the course repeatedly fails. 

There are no returns of courses fixed on Compact Disc media. Replacements for defective media are available where you have recieved prior authorization from Us to return the discs to the address we specify. Return shipping costs will be borne by You. Once We have ascertained that the media are in fact defective, we will provide you with a non-defective copy of the course. In those cases where the returned media are not defective in operation, we will provide You a link to download the digital version of the course and refund you the difference in price between the digital download and compact disc version of the course, if any.

60 Day Money Back Guarantee


To qualify for the 60 day guarantee, You must provide evidence of a good faith effort to utilize the course in the intended manner. To qualify for the guarantee, You must provide Us with an original document that lists the date, time, and course material covered for each session You studied the material. All time records must be initialed by You and made contemporaneously with the review of the course material. You must also provide Us a detailed written explanation of at least 200 words detailing why You believe the course to be ineffective. You must provide us all required documentation via first class mail to the address We provide to you. We have sole discretion in granting or denying Your request for a refund. Any refunds will be subject to a processing fee of fifteen percent of the purchase price, which will be withheld from any funds released to you. If a refund is granted, We will provide you with a return request authorization number via first class mail and, if you ordered the course in downloadable format, an affidavit for You to sign stating you have deleted all course files from every computer, electronic device, or physical media you have made copies to. You will then need to return the affidavit, or if you purchased the course in Compact Disc form, the Compact disc to the address provided to you. All Compact Discs will be required to be insured for their full value or they will not be accepted by the recipient. 


Miscellaneous

This Agreement in all respects shall be governed by and construed according to the laws of the State of California, to the exclusion of any other applicable body of governing law, without regard to conflicts of laws principles.

This Agreement is entered into in Santa Cruz County, California.  You consent to the exclusive jurisdiction of California for any dispute arising from or related to this Agreement.

You agree that the exclusive venue for any dispute arising from or related to this Agreement will be a court located in Santa Cruz County, California.

Each party will bear their own attorney's fees. 

Should any term of this Agreement be declared void or unenforceable, that term shall be severed from the Agreement such declaration shall have no effect on the enforceability of the remaining terms.

This Agreement contains the complete and entire understanding and agreement between you and us and supersedes any previous communications, representations, or agreements, verbal or written, related to the subject matter of this Agreement.

This Agreement may not be modified or amended orally, impliedly, or in any manner not set forth in writing or permitted by this Agreement.

This Agreement may be amended by us at any time and without notice, but only by amending this Agreement as posted on this website, unless otherwise agreed to in a writing signed by both of us.

Any amendments will become effective 30 days after being posted on the website, unless circumstances require that a change be immediately implemented. As a condition for this Agreement you agree to periodically check this Agreement posted at this page.

You agree that your continued use of our product or service after that date will constitute your consent and acceptance of the amendment.

 

Date of this Agreement: September 1st, 2007