Terms and Conditions
Welcome to InterLangua LLC and InterLangua.com (the "Site"). The contents and services of the Site are provided by InterLangua LLC of Chicago, Illinois, U.S.A. (referred to herein as "InterLangua", "we," "us," or "our") subject to the following terms and conditions:
1. Consent Required. PLEASE CAREFULLY READ THESE LEGAL TERMS AND CONDITIONS, WHICH CONSTITUTE A BINDING AGREEMENT BETWEEN YOU (referred to as the “Client”, “Student”, or “Individual”) AND INTERLANGUA (the "Agreement") BEFORE USING THIS SITE OR THE SERVICES OFFERED HEREIN. You, the Client, consents to these terms by purchasing or using Services offered by InterLangua. This is a pre-condition to accessing the services we offer on this Site. Following your initial agreement to the terms set forth in this Agreement your continued use of such services shall constitute your consent to be bound by the terms of this Agreement as they may be revised from time to time. By agreeing to the terms in this Agreement, you are deemed to have represented and warranted to us that you have attained the age of majority under the laws of the jurisdiction in which you reside.
2. Description of Services. Through this Site, we provide foreign language tutoring services which include Spanish, medical Spanish, K'iche', Kaqchikel and Chinese (the "Services"). The Services will be provided to the Client in one-on-one sessions (the "Sessions") conducted by tutors (the "Tutors") selected by us at our sole discretion. The Sessions will occur via connections through communications between the Tutor and the Client over the public internet. Service is implemented through an Active X control installed and run on your computer through an internet browser. Microsoft Internet Explorer 5.0 and later and Mozilla firefox browsers are supported. You or the Student must provide a Pentium 4, 2.8GHz PC or equivalent computer and a broadband internet connection with an upload of 128kbps and download of 200 kbps of data for each session.
3. Hours. All Sessions must be scheduled for, and occur, between the hours of 9:00 AM and 7:00 PM. (Guatemala Time) on weekdays and 9:00 AM to 4:00 PM CST on Saturdays, except the following holidays. January 1st New Year's Day, The Thursday and Friday during Semana Santa, Memorial Day, 4th of July, Labor Day, Wednesday, Thursday and Friday during Thanksgiving week and December 25th Christmas Day. In addition, Interlangua will be closed the last two weeks of December unless special arrangements are made in advance between InterLangua and the Client.
4. Scheduling and Re-Scheduling of Sessions. You or the Student shall schedule the Sessions such that the Student has no less than ten hours or ten one hour sessions scheduled. Procedures regarding the scheduling are on the InterLangua.com website. If your preferred time for tutoring is booked, you may submit preferences for the time at which you would like to schedule Sessions to us via email and we will try to accommodate your stated preferences and will contact you by email once the scheduling of your Sessions has been confirmed or to arrange for a mutually acceptable alternative time. Procedures for rescheduling are as follows: Seventy two (72) hour minimum notice must be given to reschedule a session. No more than twenty percent or two out of every ten sessions may be rescheduled. Sessions may be rescheduled by emailing the scheduling department at InterLangua. No guarantees are made for requested dates and times of rescheduling however every attempt will be made to accommodate the student.
5. Other. Client agrees to have read and completed all set up instructions prior to their first scheduled lesson. Client agrees their cameras and audio headsets are installed and functional prior to their first scheduled lesson. Client agrees they have the required bandwidth as provided on the InterLangua website and/or in the set up instructions to use the InterLangua system. Client agrees they have checked their bandwidth prior to their first scheduled lesson. If the bandwidth is not sufficient to adequately operate the InterLangua system, client agrees to contact their local internet provider to remedy the problem. Once lessons are scheduled they will not be suspended for client internet or computer related problems. InterLangua can not be held responsible for local electrical or internet outages beyond their control, although every effort will be made to work around outages to accommodate tutoring sessions. Electrical or Internet outages at the client site are the responsibility of the Client and lost Sessions will still be counted as completed and cannot be rescheduled. Client computer related problems are solely the responsibility of the Client, InterLangua provides no technical support for Client computer problems.
6. Fees. The fees applicable to the Services and payable to InterLangua shall be as set forth on the InterLangua website. The fees for the Services are payable in United States currency and must be paid in advance. The fees for Services are non-refundable. InterLangua reserves the right to adjust the rate from time to time. Students not showing up for a pre-scheduled tutoring session shall be deemed a 'No Show'. No Shows are treated as regular billable sessions.
7. Payment of Fees. All payments to InterLangua relating to the use of the Services by you, the Student, or any third party shall be by credit card only, via a third party service provider selected by us, with payment in advance for the Services and periods selected. Payment made by check is acceptable by academic institutions and corporations.
8. Limited License to Use Software. Subject to the terms of this Agreement, InterLangua hereby grants the Student (and only the Student) a limited, personal, non-sub licensable, non-transferable, royalty-free, nonexclusive license to use, solely in connection with the Services the software necessary to operate the tutoring sessions, (the "Software") only in accordance with any documentation that accompanies it. Neither you nor the Student may, directly or indirectly, copy, distribute, rent, lease, timeshare, operate a service bureau with, use commercially or for the benefit of a third party, reverse engineer, disassemble, decompile, attempt to discover the source code or structure, sequence and organization of, or remove any proprietary notices from, the Software. As between the parties, title, ownership rights, and intellectual property rights in and to the Software, and any copies or portions thereof, shall remain in InterLangua and its suppliers or licensors. The Software is protected by the copyright laws of the United States and international copyright treaties. This Agreement does not give you any rights not expressly granted herein. This Agreement does not entitle you to any support, upgrades, patches, enhancements, or fixes for the Software. Any such support for the Software that may be made available by us shall become part of the Software and subject to this Agreement.
9. DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY SET FORTH HEREIN, INTERLANGUA SERVICES AND MATERIALS ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY OR ACCURACY. TO THE FULLEST EXTENT PERSMISSIBLE BY LAW, INTERLANGUA AND IT AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SERVICES AND MATERIALS UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE BY INTERLANGUA. INERLANGUA DOES NOT WARRANT THAT THE SERVICES PROVIDED WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR MATERIALS WILL MEET ANY PARTICULAR CRITERIA OF PERJFORMANCE OR QUALITY, OR HAT THE SITE ON WHICH THE SERVICES ARE PROVIDED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
10. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL INTERLANGUA, ITS SUBSIDIARIES OR AFFILIATED COMPANIES OR LICENSORS OR THEIR DIRECTORS AND OFFICERS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES, EVEN IF INTERLANGUA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL AMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING THE SERVICES.
11. INDEMNIFICATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL DEFEND, INDEMNIFY AND HOLD HARMLESS INTERLANGUA, ITS AFFILIATES AND RELATED COMPANIES, AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS, FROM AND AGAINST ALL CLAIMS, LIABILITY, AND EXPENSES, INCLUDING ALL LEGAL FEES AND COSTS, ARISING OUT OF EITHER (A) YOUR BREACH OF ANY PROVISION OF THIS AGREEMENT OR (B) USE OF THE SERVICES BY YOU, THE STUDENT, OR ANY THIRD PARTY. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY ACTION, CLAIM OR MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU. YOU WILL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM.
12. Amendments. InterLangua reserves the right to modify this Agreement at any time. You should review the Agreement as posted on this Site on a regular basis. Continued use of the Services by you or the Student following amendments to this Agreement shall constitute your acceptance of such amendments.
13. Termination. This Agreement is effective until it is terminated by InterLangua or by you. If you terminate this agreement, tutoring sessions will cease effective immediately and payment for any unused sessions will not be refunded. You may terminate this Agreement by contacting our customer support by e-mail. Upon receipt of a confirming email of your termination request from US this Agreement will terminate immediately. Upon termination of this Agreement, for any reason whatsoever, you shall destroy or remove from all computers, networks, and storage media all copies of the Software.
14. Export Controls. You shall comply (and shall cause the Student to comply) with all export laws and restrictions and regulations of the Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or other United States or foreign agency or authority, and not export, or allow the export or re-export of the Software in violation of any such restrictions, laws or regulations. You represent and warrant that you are not located in, under the control of, or a national or resident of, any restricted country or on any such list.
15. Jurisdiction. The Services are offered via the Internet and the Students and Tutors are located throughout various jurisdictions worldwide. The Site is controlled and operated from our offices in Chicago, Illinois, U.S.A. InterLangua makes no representation that the Services are appropriate or available for use in all locations. By agreeing to the terms set forth in this Agreement, you agree that use of the Services by you, the Client, or any third party shall be deemed to have occurred solely in the U.S.A. By using the Services from other locations, you do so on your own initiative and you are responsible for compliance with local laws. You further agree and acknowledge that this Agreement and any dispute in connection with the use by you, the Student, or any third party of the Site or the Services will be governed by the laws of the State of Illinois, U.S.A. (without regard to its conflict-of-law provisions), and the federal laws of the United States applicable therein. In the event of any dispute relating to the Site, the Services or the terms of this Agreement, you expressly consent to the exclusive forum, jurisdiction, and venue of courts in the county of Cook in Illinois, U.S.A.
16. General Provisions. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect. These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and upersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by InterLangua.
Last updated 8/20/2007
