AMERICAN SCHOOL ONLINE – TERMS OF SERVICE5 de July de 2023 2023-07-08 2:01
AMERICAN SCHOOL ONLINE – TERMS OF SERVICE
Terms of Service
Welcome to American School Online, a digital education platform specializing in the provision of online courses and preparatory materials for formal examinations including, but not limited to, TOEFL, TOEIC, SAT, GRE, GMAT, and IELTS (“Services”). The platform is operated by AmericanSchool OÜ, registered at Harju maakond, Tallinn, Lasnamäe linnaosa, Lõõtsa tn 2a, 11415, Estonia (“Company”, “we”, “us”, “our”).
By accessing our website at american-school.com (“Website”) and utilizing our Services, you (“User”, “you”, “your”) agree to comply with these Terms of Service (“Terms”). Please peruse these Terms meticulously and seek clarifications should any ambiguities arise.
2. Agreement to Terms
3. Age Verification
In adherence to the Children’s Online Privacy Protection Act, we do not authorize children under 13 years of age to use our services without the explicit approval of their parent or guardian. You, the user, verify that you are not under 13 years of age or have acquired explicit consent from a parent or guardian to use this site.
4. Registration Details and Account Security
In the event you register for any of American School Academy’s services, you will have an account and a password. Access to password protected parts of this Site is permitted for as long as you have paid all required fees to American School Academy in Euros (€). It is your responsibility to maintain the confidentiality of your account and password and to restrict access to American School Academy content to anyone other than yourself. You agree to accept responsibility for all activities that occur under your account or password. American School Academy reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.
5. User Conduct
Our platform is available for personal, non-commercial use only. You affirm that no content shared or submitted through your account will infringe upon the rights of any third party. This includes copyrights, trademarks, privacy rights, publicity rights, or other personal or proprietary rights, and you agree not to post any libelous, defamatory, or unlawful material.
6. Subscription Services
We provide services based on a subscription model. You agree to pay all fees associated with the service, which includes adhering to the pricing, billing terms, and conditions that are in effect at the time of payment.
7. Termination of Services
American School Academy retains the right to modify, suspend or terminate its services at any point without notice. Any new features supplementing or enhancing the current service will be subject to these Terms and Conditions.
8. Intellectual Property
All proprietary content on our platform, including text, graphics, logos, and images, belongs to the American School Academy and is protected by international copyright laws. Unauthorized use of such content is strictly prohibited.
9. Limitation of Liability
You expressly understand and agree that American School Academy, its subsidiaries, affiliates, service providers, and licensors, and our and their respective officers, directors, employees, and agents, shall not be liable to you for any indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages), resulting from:
- The use or the inability to use the Service;
- The cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained, or messages received or transactions entered into through or from the Service;
- Unauthorized access to or alteration of your transmissions or data;
- Statements or conduct of any third party on the Service;
- Any failure of performance of the Service, whether related to error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure;
- Any other matters relating to the Service.
The aggregate liability of American School Academy to you for all claims arising from or related to the Service or the materials contained therein is limited to the lesser of (i) the amount of fees actually paid by you for use of the Service, or (ii) one hundred Euros €100).
These limitations will apply regardless of the form of action, whether under statute, in contract or tort, including negligence, or any other form of action. For jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above, then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by our negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
You agree that any claim or cause of action arising out of or related to these Terms or your use of the Service must be filed within one (1) year after the cause of action arose or be forever barred.
10. Amendment of Terms
The company reserves the right to modify these Terms and Conditions at any time. You agree that your continued use of our platform after such modifications signifies your acceptance of these changes.
11. External Links
Our platform may include links to third-party websites. American School Academy assumes no responsibility for the content, policies, or practices of such linked sites.
12. Dispute Resolution
Any disputes arising from these terms will be resolved by arbitration under the international commercial arbitration rules. The language of arbitration will be English.
13. Third-Party Content
While using our services, you may encounter content from other users or third parties. American School Academy disclaims all liability related to third-party content.
Your privacy and the security of your personal data are, and will always remain, immensely important to us. The American School Academy (“the Company”) is committed to protecting the data you share with us, in compliance with the applicable laws and regulations in the Republic of Estonia, along with international standards.
We collect and store personal data provided by you, such as when you create an account, purchase our products or services, and when you interact with our customer service. This may include, but is not limited to, your name, email address, phone number, and billing information.
We use this data to provide you with the services you’ve requested, manage your account, communicate with you, and enforce our Terms of Service, as well as to prevent fraud, improve our products and services, and as otherwise permitted by law or as we may notify you.
The American School Academy will only retain your personal data for as long as it is necessary to fulfill the purposes for which it was collected, including any legal, accounting, or reporting requirements.
We employ appropriate technical and organizational security measures to protect your data from being misused and to prevent the loss and unauthorized access of your personal data. However, despite these measures, please be aware that no security measures are perfect or impenetrable.
We will never share, sell, or lease your personal data to any third parties for their marketing purposes. We may share your personal information with our service providers who perform services on our behalf and have agreed in writing to protect and not further disclose your information.
This policy applies to all personal data processed by us, whether in physical or electronic mode. By using our Services, you consent to such processing and you warrant that all data provided by you is accurate.
You agree to indemnify and hold harmless American School Academy and its officers, directors, employees, and agents from and against any claims, actions, demands, liabilities, damages, losses, costs, and expenses, including, without limitation, reasonable legal and accounting fees.
16. International Users
Our platform is hosted in the United States. By using our services, you consent to the transfer, processing, and storage of your information in the United States.
17. Communication Preferences
By creating an account, you agree to receive communications regarding our services. You can opt-out at any time.
18. Service Availability
We strive to provide continuous and secure access to our platform, but we cannot guarantee uninterrupted availability.
19. Service Requirements
Access to our services requires compatible devices, software, and internet access. It’s your responsibility to ensure you meet these requirements.
20. Termination of Access
American School Academy reserves the right to terminate your access to our services if these terms are violated.
21. Binding Arbitration
Disputes arising out of these Terms will be resolved by binding arbitration under the rules of the International Chamber of Commerce.
22. Warranties and Disclaimers
You acknowledge and agree that your use of our Service is at your own risk. American School Academy, Inc. provides the Service “as is” and “as available”, without any kind of warranty, whether express, implied, statutory or otherwise. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.
While we strive to maintain a secure, efficient, and error-free site, we cannot guarantee that the Service will always function without disruptions, delays or imperfections. We do not warrant that the information provided through our Service will be accurate, reliable, complete, or timely. We do not warrant that any defects in the Service will be corrected or that the Service is free of viruses or other harmful components.
American School Academy, its subsidiaries, affiliates, officers, employees, agents, partners, and licensors make no warranties or representations that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the results obtained from the use of the Service will be accurate, reliable, or satisfactory to you; that the quality of any products, services, information, or other materials purchased or obtained by you through the Service will meet your expectations; and that any errors in the Service will be corrected.
You understand and agree that any material or data downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk, and that you will be solely responsible for any damage to your computer system or loss of data that results from the download or use of such material or data.
Please note that the Service may be unavailable from time to time due to maintenance or other reasons. We will not be responsible for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our Service.
Under no circumstances will American School Academy be responsible for any loss or damage, including any loss or damage to any user content or personal injury or death, resulting from anyone’s use of the Site or the Service, any user content or third-party applications, software, or content posted on or through the Site or the Service, or transmitted to users, or any interactions between users of the Site, whether online or offline.
This disclaimer applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behavior, negligence or any other cause of action.
American School Academy expressly disclaims any responsibility for the actions of any other users of the Site. Some states or jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations may not apply to you.
23. Revisions, Corrections and Updates
We take care to present accurate and up-to-date information on our Service, however, the materials and information made available on our Service could contain inaccuracies, omissions or typographical errors. American School Academy does not guarantee the accuracy, completeness, or timeliness of any information or materials on the Service and is not responsible for any errors or omissions therein, whether caused by American School Academy or its sources.
American School Academy reserves the right to make changes, corrections, cancellations and/or improvements to the Service, and to the products, services and programs described on the Service, at any time without notice, including after confirmation of a transaction.
In the event of any inaccuracies, errors, or omissions, American School Academy’s sole responsibility is to correct such inaccuracies, errors, or omissions as they pertain to American School Academy, its subsidiaries, and affiliates. American School Academy reserves the right to revise the materials on its Service, or to amend or update the content, information, or functionality of the Service, at any time without notice. However, we do not commit to, nor are we obligated to update the materials or correct any inaccuracies, errors or omissions.
The inclusion of inaccurate, incomplete, or out-of-date information does not constitute a representation or warranty by American School Academy of the accuracy, completeness, or reliability of the information. You acknowledge that any reliance upon any such materials, information, events, or data shall be at your sole risk.
By using the Service, you agree that it is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services, merchandise, and other information provided through the Service. In no event will American School Academy be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon the information provided through the Service.
24. Governing Law and Jurisdiction
Any claim relating to the American School Academy’s Service shall be governed by the laws of the Republic of Estonia, without regard to its conflict of law provisions. The Service can be accessed from various countries around the world. By accessing the Service, you agree that the statutes and laws of the Republic of Estonia, notwithstanding any principles of conflicts of law, will apply to all matters relating to the use of the Service, and you further agree that any litigation shall be subject to the exclusive jurisdiction of the state and federal courts located in Tallinn, Estonia.
If any provision of these terms is deemed invalid, the rest of the terms will remain in full effect.