You agree and continue to agree to use the Site in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions of use set out below.
Welcome to the ColeInstitute.com website (the "Site"), the official website of Cole Institute of Language. Please carefully read the terms and conditions of use before using the Site. By using the Site, you signify your consent and agreement to these terms and conditions. Cole Institute of Language may at its sole discretion change these terms and conditions from time to time. Upon any change in the terms and conditions of the Site and/or Privacy Policy, Cole Institute of Language will notify you by posting the notification on the site. Your continued use of the Site indicates your acknowledgement of and agreement to any such modifications.
By accessing and subscribing to this Site and its services, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
THE COMPANY CONTENT, THE SITE, THE SERVICES AND EACH PORTION THEREOF ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW,WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE COMPANY CONTENT, THE SERVICES AND EACH PORTION THEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE COMPANY CONTENT,THE SITE, THE SERVICES, EACH PORTION THEREOF OR ANY THIRD PARTY SITES.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO,NEGLIGENCE, SHALL WE OR THIRD PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT,SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO,LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE COMPANY CONTENT, THE SITE, THE SERVICES OR ANY PORTION THEREOF, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE SITE, THE COMPANY CONTENT, THE SERVICES OR ANY PORTION THEREOF RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATE, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NEITHER WE, NOR THIRD PARTIES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THE COMPANY CONTENT, THE SITE, THE SERVICES OR ANY PORTION THEREOF OR IN ANY REPORTS OF VERIFICATION SERVICES. YOU AGREE NOT TO HOLD US (OR OUR AGENTS, EMPLOYEES OR TUTORS) LIABLE FOR ANY INSTRUCTION, ADVICE OR SERVICES DELIVERED WHICH ORIGINATED THROUGH THE SITE, THROUGH ANY VERIFICATION SERVICE OR IN CONNECTION WITH THE COMPANY CONTENT, THE SERVICES OR ANY PORTION THEREOF.
Cole Institute of Language shall not be liable for any damage to your computer equipment or other property resulting from your access to, use of, or browsing in Cole Institute of Language, or downloading material, images, data, text, video, or audio files, regardless of the cause. Unused lessons, sessions, tutoring time, or other online access that has been purchased is non-refundable and non-transferable.
b. In no event shall Cole Institute of Language or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Cole Institute of Language's Internet site, even if Cole Institute of Language or a Cole Institute of Language authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
You agree to indemnify, defend and hold harmless us, and our affiliates, officers,directors, agents, partners, employees, licensors, representatives and third party providers (including our affiliates' respective officers, directors, agents,partners, employees, licensors, representatives, and third party providers), from and against all losses, expenses, damages, costs, claims and demands,including reasonable attorney's fees and related costs and expenses, due to or arising out of any User Content you submit, post to, email, or otherwise transmit to us or through the Services, your use of the Services, the Company Content or any portion thereof, your connection to the Services, or your breach of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully cooperate with such defense and in asserting any available defenses.
Any materials, information, communications or ideas that you upload, communicate or otherwise transmit or post to us, the site, instructors or the Services by any means ("User Content") will be treated as non-confidential and non-proprietary, and may be disseminated or used by us for any purpose whatsoever, including, but not limited to, quality control and professional development, as well as our developing, manufacturing, and marketing our current and/or future Services. By uploading or otherwise making available any User Content, you automatically grant and/or warrant that the owner has granted to us the perpetual royalty-free, non-exclusive, world wide right and license to use, reproduce, modify, publish, distribute, perform,display, and transmit the User Content for any purpose. You agree that we may record all or any part of any lesson or tutoring sessions (including voice chat and video communications) for quality control and other purposes. We reserve the right to review the lessons or tutoring sessions for any purpose. Notwithstanding anything to the contrary above, you agree that we own all transcripts of lessons and tutoring sessions and all comments that you may provide to us on or through the site, the Services any other means as a part of user satisfaction or other similar surveys, and that that these Terms shall be deemed an irrevocable assignment of all such transcripts and comments, each portion thereof and all intellectual property rights therein to us. Furthermore, Cole Institute of Language’s aggregate liability arising under or with respect to your use of the Site shall in no event exceed the total fees paid by you to Cole Institute of Language.
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.
The materials appearing on Cole Institute of Language's web site could include technical, typographical, or photographic errors. Cole Institute of Language does not warrant that any of the materials on its web site are accurate, complete, or current. Cole Institute of Language may make changes to the materials contained on its web site at any time without notice. Cole Institute of Language does not, however, make any commitment to update the materials.
Some links on Cole Institute of Language lead to sites posted by independent site owners. Cole Institute of Language does not review independent sites or control their content, and merely provides these links to visitors for their convenience. These links are not an endorsement of products, services, or information provided by other sites. Further, the inclusion of links to other sites does not imply that the other sites have given permission for inclusion of these links, or that there is any relationship between Cole Institute of Language and the linked sites. Cole Institute of Language is an independent operating company and references to other companies, do not imply any partnership, joint venture, or other legal connection where Cole Institute of Language would be responsible for the actions of that company or vice-versa.
8. Third-parties
Cole Institute of Language does contract out services to third parties and third party websites. Cole Institute of Language is not responsible for Your data outside of the Services or for modifications or deletions of Your data made by third parties. Your use of Third Party websites and providers will be governed by terms set by the third party website or provider. If You have questions or concerns about the processing or handling of Your data by third party providers, please contact those providers directly. You bear all risks associated with using or relying upon the Third Party. Cole Institute of Language and the Third Party provider does not warrant the accuracy, reliability, completeness, usefulness, non-infringement, or quality of any Third Party and hereby disclaims all express and implied warranties relating to such the third party provider. Cole Institute of Language and the Third Party provider shall not be liable or responsible in any way for any losses or damage of any kind relating to Your use of or reliance upon any Third Party provider.
Cole Institute of Language may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
We will take all commercially reasonable steps to prevent third parties from illegally accessing the information that you send us. However, there is always some risk that a third party will improperly access your information during your use of the Site. By using this Site you agree to accept this risk and agree to hold Cole Institute of Language harmless from any claims resulting from improper access to your information.
You are entirely responsible for any and all information that you submit to the Site. You agree to immediately notify Cole Institute of Language of any unauthorized submission of your information to the Site.
These terms and any policies applicable to you posted on the site constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. All rights not expressly granted herein are expressly reserved. These Terms shall inure to our benefit and to the benefit of our agents, licensors, licensees, successors, and assigns. If any provision of these Terms is found to be illegal or unenforceable, these Terms will be deemed curtailed to the extent necessary to make the Terms legal and enforceable and will remain, as modified, in full force and effect. These Terms and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the laws of the State of Georgia applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in the State of Georgia and County of Hall. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail. Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.
Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.