These terms form a contract between Students (hereinafter “User”, “you” or “your”) and Benjamin D. Jorgensen that governs user’s access and use of the website and our services. Please read these Terms carefully. It is a legally binding agreement between you and Benjamin D. Jorgensen. By your use of the website or services, you agree to comply with all of the terms of service set out in this document.

The domain name(s) www.spanishclass4adults.com and www.spanishclassforadults.com (hereinafter referred to as "Website(s)") is owned by Benjamin D. Jorgensen (hereinafter referred to as “we”, “us”, “our”, or “Instructor”).

YOU ACCEPT THESE TERMS BY ACCESSING OR USING OUR WEBSITE, SERVICES AND TOOLS. PLEASE READ THIS POLICY CAREFULLY BEFORE ACCESSING, BROWSING OR OTHERWISE TRANSACTING OR USING OUR WEBSITE.

   1. ELIGIBILITY: User represents and warrants that (i) User have the right and authority to enter into this Agreement; and (ii) he/she abides all of the terms of service of this agreement. If you are a minor, your parent or guardian must read and agree to this Terms of Service. Please obtain the permission of your parent or guardian before using our site. By accessing or using our site you confirm that you have obtain the permission of your parent or guardian and they read, understood and accept these Terms of Service and agree to comply with them.

    2. UPDATES: We may change these Terms from time to time, by posting updates to our website. An update will be effective for our website 14 days after the date of the update. If any modification is unacceptable to the user, its sole remedy shall be to terminate his/her User Account. The user's continued use of services will constitute binding acceptance of such modifications.

    3. OTHER DOCUMENTS: In addition to these Terms, use of our website is also governed by the following documents: (i) Our Privacy Policy; and (ii) Our GDPR Policy (For EU Residents).

    4. OUR SERVICES: We provide online course through our platform and students may purchase that course. A course comes with a 1 year access to all lectures, course materials and class recordings covered during our 12 week long semester. The course includes weekly live classes via Zoom. Each live class is live-recorded. Subject to the terms and conditions of this Agreement, users are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for their personal use and as permitted by the features of the Service. We reserve all rights not expressly granted herein in the Service. We may terminate this license at any time for any reason or no reason.

    5. CONTENT OWNERSHIP: If you purchase any of our courses; you represent, warrant, and covenant that:

• Ownership of all intellectual property rights, including all copyright, trademarks, designs and patents whether registered or unregistered, and all other intellectual property rights and goodwill relating to the course and/or class material(s) and content(s) will remain with the Benjamin D. Jorgensen(the “Instructor”) and/or respective copyright owners (credit will be given to respective copyright owners);

• You will not copy, record, edit or alter or otherwise interfere with the services provided by the Instructor. This shall include without limitation: a) not using recording equipment to record any session; and b) not removing, editing or otherwise interfering with (or attempting to remove, edit or otherwise interfere with) any names, marks, logos or branding on the material provided by the Instructor; and

• Your right to access and use the services including library access may not be assigned, transferred or sublicensed by you.

    6. CLASS RECORDINGS: We provide students with a method of requesting and accessing an audio/video recording of a classroom session if certain circumstances occur that force a student to miss class. We may also use such recordings (i) to improve our services; and (ii) for marketing and other commercial purposes. By using the services, you consent to you appearing in Class Recordings for the limited purposes set forth herein. Ownership of all intellectual property rights, including all copyright, trademarks, designs and patents whether registered or unregistered, and all other intellectual property rights and goodwill relating to the class recordings will remain with Benjamin D. Jorgensen.

    7. CURRENCY: All prices displayed under our website or required to be paid are stated and payable in US Dollars.

     8. PAYMENT METHODS: We accept payment on our website through PayPal. Each Parent agrees to pay all applicable fees for Course(s) as set forth on the Site. All Courses via our website are offered with the full 100% value balance due before the sessions are delivered to you. You will be responsible for all taxes associated with the services. Certain aspects of our Services may also require you to register with, and agree to the terms of, third-party service providers (e.g., PayPal) in order to utilize such Services. We have no responsibility for or control over the information collected by third party service provider and we cannot be responsible for the protection and privacy of any information which you may provide to such third party service provider.

    9. PROCESSING FEES: All Online Courses sold through our website are subject to payment processing fee(s).

   10. REFUND POLICY: Students are required to pay all, or a portion, of their tuition to register for a course.

If a student withdraws from the class, no refund will be issued. While this tuition will not be refunded, the student may credit the tuition to the next semester. By paying all or a portion of your tuition, you agree to these terms and conditions. 

    11. RESCHEDULING OF CLASS SESSIONS: Instructor has right to reschedule the session in unforeseen circumstances like ill health or accident. If we reschedule any session, we will let you know in advance.

    12. CHARGE-BACKS: You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regard to you purchased product(s) or course(s). Without limiting the generality of the foregoing, you will not contact us to seek a refund after 3 days or will not dispute or otherwise seek a "chargeback" from the company whose credit card you used to purchase our digital and online course from the website.

    13. ELECTRONIC COMMUNICATIONS: When you visit our website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that the communications be in writing.

     14. PRIVACY: We are committed to protecting your personal information and ensuring its privacy, accuracy and security. Please read our Privacy Policy for more details.

     15. DISCOUNTS, OFFERS & PROMOTIONS: Any agreed discounts or special offers are offered by Instructor and Instructor reserve(s) the right to amend terms and conditions for special offers at any time and without prior notice. Any such discounts or special offers may be withdrawn by Instructor at its absolute discretion and decision.

    16. DISCONTINUE THE SERVICES: The Instructor reserves the right to modify or discontinue any of its Services with or without notice to the user.

    17. INTELLECTUAL PROPERTY: For purposes of this Agreement, “Intellectual Property” shall mean (a) methodology for the provision of the Services; and (b) ideas, website, applications, processes, code, technology, software, copyrights, logos, domain names, patents, trade secrets, trademarks, Products and Product materials. Instructor and/or respective copyright owners hereby retain all worldwide right, title and interest in and to the Intellectual Property. Any rights not expressly granted herein to the Intellectual Property shall be retained by Instructor and/or respective copyright owners. You acknowledge that all right, title and interest to the Intellectual Property is owned by Instructor and/or respective copyright owners.

    18. LICENSE: Our website, software and other tools are protected by copyright, trade secret, and other intellectual property laws. Your use of our website is based on the license of Instructor’s Intellectual property to user. Instructor grants user a limited, non-transferable license to use its website, tools and related services in accordance with these TOS. Instructor reserves all rights in the Intellectual Property not expressly granted to user. Instructor provides the services solely on an “AS IS” basis and disclaims all warranties and liability for your use of the Instructor’s website, tools and related services. Instructor reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the websites and/or services offered on or through the websites (or any part thereof), including but not limited to the website, features, look, feel, and functional elements and related services.

   19. REGISTRATION: To become a Registered User, you must accept all of the terms and conditions in, incorporated by reference in, and linked to, these Terms. By becoming a Registered User, you agree to: (1) abide by the TOS, Privacy Policy, GDPR Policy, Legal Disclaimers, processes, and procedures described throughout the Website; (2) be financially responsible for your use of the Website and the purchase of your digital product/course; and (3) perform your obligations as specified under these terms, unless such obligations are prohibited by law or by the TOS. We reserve the right, in its sole discretion, to refuse, suspend, or terminate user account at any time for any reason or no reason.

   20. USERNAME AND PASSWORD: In order to create an account with us, you will provide us with identifying information (such as your name, and e-mail address), a password and username and other information (“Registration Information”). After Sign-up, we will confirm your e-mail. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your system, and you agree to accept responsibility for all activities that occur under your account or password. User agrees to notify Instructor immediately of any unauthorized use of User’s Account. We will not be liable for any unauthorized use of User Account.

    21. USER’S CONTENT AND CONDUCT: You are solely responsible for all data, video, images, information, text, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service, provided by you to us are non-confidential and we will be entitled to the unrestricted use and dissemination of this content for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You acknowledge and agree for not to use, nor permit any third party to use, the website to distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:

• Illegal and fraudulent information,

• threatening, harassing, inappropriate or objectionable information communications of any kind, including without limitation conduct that would encourage "flaming" others, or criminal or civil liability under any local, state, federal or foreign law;

• Trojan horse, worm or other disruptive or harmful software or data; and

• Any other information or content which is not legally yours and without permission from the intellectual property rights owners.

    22. MONITORING: We may monitor your account. We may disclose any information necessary for our legal obligations to protect Instructor or its students. We, in our sole discretion, may refuse to create or remove any account, in whole or in part, alleged to be unacceptable, inappropriate, or in violation of these terms.

    23. SUPPORT: You will receive customer support via email based on your specific issues.

    24. LINKS TO OTHER THIRD PARTY WEBSITES: Certain links on the Website will let you leave the Web site. These linked sites may be operated by the Instructor while some are not under the control of the Instructor, and Instructor is not responsible for the contents of any linked site or any link contained in a linked site. These links are provided for your convenience, and the inclusion of any link does not imply a recommendation or endorsement by Instructor of any such linked site or the products/services therein. If you decide to access any third party sites, you do so entirely at your own risk and subject to the terms and conditions of use for such third party sites.

    25. PROHIBITED ACTIVITIES: Other than as permitted herein, you shall not (and you shall not permit others), directly or indirectly, to modify, to translate, to decompile, to disassemble or to reverse engineer any part of the website, software or other related services, or otherwise to attempt to discern the functioning or operation of the website, software or services. You shall not (and you shall not permit others to): (i) use any robot, crawls, spider, scraper or other automated means to access the website or services for any purpose without our express written permission, (ii) Attempt, in any manner, to obtain the password, account, or any security information of other users; (iii) violate the security of any computer network, or cracks any passwords or security encryption codes; (iv) run mail-list, listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the website, or that otherwise interfere with the proper working of the website (including by placing an unreasonable load on the websites’ infrastructure); (v) interfere or attempt to interfere with the proper working of our classes or any activities conducted on the website, (vi) remove any trademark, copyright or other proprietary notices from any portion of the website; or (vii) bypass any measures Instructor may use to prevent or restrict access to the website, software or the courses.

   26. LIMITATION OF LIABILITY: EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL THE INSTRUCTOR OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OR YOUR USE OR INABILITY TO USE THE SITES, ANY WEBSITES LINKED TO IT, ANY PRODUCT OR SERVICES MADE AVAILABLE ON THE SITES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF THE INSTRUCTOR OR ANY OF ITS AFFILIATE PARTNERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES (COLLECTIVELY, THE “EXCLUDED DAMAGES”). YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER THE INSTRUCTOR NOR ANY OF ITS PARTNERS OR REPRESENTATIVES WILL BE LIABLE TO YOU FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR’ SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH THE INSTRUCTOR IS TO DISCONTINUE YOUR USE OF THE SITES AND SERVICES.

IN CERTAIN JURISDICTIONS, SOME LIABILITIES CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN SUCH JURISDICTIONS, THE LIMITATION OF LIABILITY IN THESE TERMS MAY NOT APPLY TO YOU. THE LIMITATIONS IN THIS PARAGRAPH WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW EVEN IF ANY OTHER REMEDY AVAILABLE TO YOU FAILS OF ITS ESSENTIAL PURPOSE.

   27. INDEMNIFICATION: You agree to defend, indemnify and hold Instructor and its affiliates, service providers, partners and their respective officers, directors, employees and agents (the “Indemnified Parties”) harmless against any claim for damages, losses or any costs, including attorneys’ fees, arising from or related to your use of this website.

   28. ARBITRATION (PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS): Any litigation, dispute, controversy or claim arising between the parties, relating to the interpretation, execution, effectiveness, invalidity or validity of this Contract which cannot be settled by mutual agreement between them within thirty (30) working days, shall be subjected to the arbitration and shall be referred to one arbitrator in Coweta County, Georgia. The decision of the arbitrator shall be final and binding upon both parties. Judgment upon the award of the arbitrator may be entered in any court of competent jurisdiction.

    29. JURISDICTION AND APPLICABLE LAW: The use of the website or other related services and any agreements entered into through the Website are to be governed by and construed in accordance with the laws’ of State of Georgia, without any conflict of laws. To the maximum extent permitted by law, you irrevocably consent to the jurisdiction of the courts located in the Coweta County, Georgia for any action or proceeding arising out of or relating to these Terms of Service.

    30. ENTIRE AGREEMENT: These terms and any policies or operating rules posted on the Sites (but excluding those terms and other conditions offered by the Third Party Providers) constitute the entire agreement and understanding between you and the Instructor. No action of Instructor, other than an express written waiver, may be construed as a waiver of any part of this agreement, and no employee of Instructor is authorized to waive it orally.

   31. WAIVER AND SEVERABILITY: If any provision of these terms is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it legal, valid, and enforceable. The failure of either party at any time to require performance by the other party of any provision of this Agreement shall in no way affect that party’s right to enforce such provisions, nor shall the waiver by either party of any breach of any provision of this Agreement be taken or held to be a waiver of any further breach of the same provision.

    32. NOTICE FOR CALIFORNIA USERS: Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: “The provider of an electronic commercial service shall provide to consumers with which it contracts to provide the service, at the time it contracts to provide the service and annually, on or before June 30 of each year thereafter, all of the following information:

• The name, address, and telephone number of the provider of service.

• Any charges to the consumer imposed by the provider for the use of the service.

• The procedures a consumer may follow in order to resolve a complaint regarding the service or to receive further information regarding use of the service, including the telephone number and address of the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs.”

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

    33. CONTACT US [FOR NOTICE AND OTHER COMMUNICATIONS]

Spanish Class for Adults

Email: spanishclass4adults@gmail.com