AMERICAN SCHOOL ONLINE – TERMS OF SERVICE

AMERICAN SCHOOL ONLINE – TERMS OF SERVICE

Terms of Use and purchase

 
 

American School provides a personalized subscription service that allows our members to access entertainment content (“American School content”) over the Internet on certain Internet-connected TVs, computers and other devices (“American School ready devices”).

These Terms of Use govern your use of our service. As used in these Terms of Use, “American School service”, “our service” or “the service” means the personalized digital content service provided by American School for discovering and accessing American School content, including all features and functionalities, recommendations and reviews, our websites, and user interfaces, as well as all content and software associated with our service. References to ‘you’ in these Terms of Use indicate the member who created the American School account and whose payment method is charged.

  1. Membership

    1.1. Your American School membership will continue until terminated. To use the American School service you must have Internet access and a American School ready device, and provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless you cancel your membership before your billing date, you authorize us to charge the membership fee for the next billing cycle to your Payment Method (see “Cancellation” below).

    1.2. We may offer a number of membership plans, including memberships offered by third parties in conjunction with the provision of their own products and services. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your American School membership by visiting the American School.com website and clicking on the “Account” link available at the top of the pages under your profile name.

  2. Promotional Offers. We may from time to time offer special promotional offers, plans or memberships (“Offers”). Offer eligibility is determined by American School at its sole discretion and we reserve the right to revoke an Offer and put your account on hold in the event that we determine you are not eligible. Members of households with an existing or recent American School membership may not be eligible for certain introductory Offers. We may use information such as device ID, method of payment or an account email address used with an existing or recent American School membership to determine Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Offer or in other communications made available to you.
  3. Billing and Cancellation

    3.1. 
    Billing Cycle. The membership fee for the American School service will be charged to your Payment Method on the specific payment date indicated on the “Account” page. The length of your billing cycle will depend on the type of subscription that you choose when you signed up for the service. In some cases your payment date may change, for example if your Payment Method has not successfully settled, when you change your subscription plan or if your paid membership began on a day not contained in a given month. Visit the American School.com website and click on the “Billing details” link on the “Account” page to see your next payment date. If you signed up for American School using your account with a third party as a Payment Method, you can find the billing information about your American School membership by visiting your account with the applicable third party.

    3.2. 

    Payment Methods. To use the American School service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.

    3.3. 

    Updating your Payment Methods. You can update your Payment Methods by going to the “Account” page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).

    3.4. 

    Cancellation. You can cancel your American School membership at any time, and you will continue to have access to the American School service through the end of your billing period. Payments are non-refundable and we do not provide refunds or credits for any partial membership periods or unused American School content. To cancel, go to the “Account” page and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click “Billing details” on the “Account” page. If you signed up for American School using your account with a third party as a Payment Method and wish to cancel your American School membership, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the American School service through that third party.

    3.5. 

    Changes to the Price and Subscription Plans. We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you. If you do not wish to accept the price change or change to your subscription plan, you can cancel your subscription before the change takes effect.

  4. American School Service

    4.1. You must be at least 18 years of age to become a member of the American School service. Minors may only use the service under the supervision of an adult.

    4.2. The American School service and any content accessed through the service are for your personal and non-commercial use only and may not be shared with individuals beyond your household unless otherwise allowed by your subscription plan. During your American School membership we grant you a limited, non-exclusive, non-transferable right to access the American School service and American School content. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.

    4.3. You may access the American School content primarily within the country in which you have established your account and only in geographic locations where we offer your subscription plan and have licensed such content. The content that may be available will vary by geographic location and will change from time to time. Not all American School content may be available in the ad supported subscription plan. The number of devices on which you may simultaneously watch depends on your chosen subscription plan and is specified on the “Account” page.

    4.4. The American School service, including the content library, is regularly updated. In addition, we continually test various aspects of our service, including our websites, user interfaces and promotional features. You can turn off test participation at any time by visiting the “Account” page and changing the “Test participation” settings.

    4.5. Depending on your subscription plan, some American School content may be available for temporary download and offline viewing on certain supported devices (“Offline Titles”). Limitations apply, including restrictions on the number of Offline Titles per account, the maximum number of devices that can contain Offline Titles, the time period within which you will need to begin viewing Offline Titles and how long the Offline Titles will remain accessible. Some Offline Titles may not be playable in certain countries and if you go online in a country where you would not be able to stream that Offline Title, the Offline Title will not be playable while you are in that country.

    4.6. Except as explicitly authorized by us, you agree not to:(i) archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the American School service;
    (ii) circumvent, remove, alter, deactivate, degrade, block, obscure or thwart any of the content protections or other elements of the American School service, including the graphical user interface, any advertising or advertising features, copyright notices, and trademarks; 
    (iii) use any robot, spider, scraper or other automated means to access the American School service; 
    (iv) decompile, reverse engineer or disassemble any software or other products or processes accessible through the American School service; 
    (v) insert any code or product or manipulate the content of the American School service in any way;
    (vi) use any data mining, data gathering or extraction method; 
    (vii) upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the American School service, including any software viruses or any other computer code, files or programs. 
    We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.

    4.7. The quality of the display of the American School content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD, Ultra HD and HDR availability is subject to your Internet service and device capabilities. Not all content is available in all formats, such as HD, Ultra HD and HDR, and not all subscription plans allow you to receive content in all formats. The minimum connection speed for HD video quality (defined as a resolution of 720p or higher) is 3.0 Mbps per stream; however, we recommend a faster connection for improved video quality. A connection speed of at least 5.0 Mbps per stream is recommended to receive Full HD video quality (defined as a resolution of 1080p or higher). A connection speed of at least 15.0 Mbps per stream is recommended to receive Ultra HD video quality (defined as a resolution of 4K or higher). You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. The time it takes to begin watching American School content will vary based on a number of factors, including your location, available bandwidth at the time, the content you have selected and the configuration of your American School ready device.

    4.8. American School software is developed by, or for, American School and may solely be used for authorized streaming and to access American School content through American School ready devices. This software may vary by device and medium, and functionalities and features may also differ between devices. You acknowledge that the use of the service may require third party software that is subject to third party licenses. You agree that you may automatically receive updated versions of the American School software and related third-party software.

  5. Passwords and Account Access. Your password is for your personal use only and should be kept confidential. If you allow others to access the account (which includes access to information on viewing activity for the account), you agree that such individuals are acting on your behalf and that you are bound by any changes that they may make to the account, including but not limited to changes to the subscription plan. To help maintain control over the account and to prevent any unauthorized users from accessing the account, you should maintain control over the devices that are used to access the service and not reveal the password or details of the Payment Method associated with the account to anyone. You agree to provide and maintain accurate information relating to your account, including a valid email address so we can send you account related notices. We can terminate your account or place your account on hold in order to protect you, American School or our partners from identity theft or other fraudulent activity.
  6. Miscellaneous

    6.1. 

    Unsolicited Materials. American School does not accept unsolicited materials or ideas for American School content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to American School.

    6.2. 

    Customer Support. To find more information about our service and its features or if you need assistance with your account, please visit the American School Help Center, which is accessible through the American School.com website. In certain instances, Customer Service may best be able to assist you by using a remote access support tool through which we have full access to your computer. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means.

    6.3. 

    Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

    6.4. 

    Changes to Terms of Use. American School may, from time to time, change these Terms of Use. We will notify you at least 30 days before such changes apply to you. If you do not wish to accept the changes, you can cancel your subscription before they take effect.

    6.5. 

    Electronic Communications. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.

     

  7.  Use of our Website

    You agree to use our website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. By agreeing to the Terms, you represent and warrant that you are at least the age of majority in your state or province of residence and are legally capable of entering into a binding contract.

    You agree to not use our website to conduct any activity that would constitute a civil or criminal offence or violate any law. You agree not to attempt to interfere with our website’s network or security features or to gain unauthorized access to our systems.

    You agree to provide us with accurate personal information, such as your email address, mailing address and other contact details in order to complete your order or contact you as needed. You agree to promptly update your account and information. You authorize us to collect and use this information to contact you in accordance with our Privacy Policy.

    8. General Conditions 

    We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the website, including terminating, changing, suspending or discontinuing any aspect of the website at any time, without notice. We may impose additional rules or limits on the use of our website. You agree to review the Terms regularly and your continued access or use of our website will mean that you agree to any changes.

    You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our website or for any service, content, feature or product offered through our website.

    9. Products or Services

    All purchases through our website are subject to product availability. We may, in our sole discretion, limit or cancel the quantities offered on our website or limit the sales of our products or services to any person, household, geographic region or jurisdiction.

    Prices for our products are subject to change, without notice. Unless otherwise indicated, prices displayed on our website are quoted in Canadian dollars.

    We reserve the right, in our sole discretion, to refuse orders, including without limitation, orders that appear to be placed by distributors or resellers. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities.

    We do not guarantee the accuracy of the colour or design of the products on our website. We have made efforts to ensure the colour and design of our products are displayed as accurately as possible on our website.

Terms of Service

1. Introduction

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

By utilizing our website, you agree to strictly adhere to these Terms of Use, comply with applicable international laws and regulations, and conform to any applicable local laws. If you do not consent to these terms, your access to this site is prohibited. All materials on this site are protected by international copyright and trademark laws.

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.

14. Privacy Policy

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.

By accessing and using our Service, you acknowledge that you have read, understood, and agree to be bound to all the terms of this Privacy Policy, and consent to the collection, processing, use, and storage of your personal data, as described in this policy.

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.

Our Service may contain links to other sites that are not operated by us. If you click on a third-party link, you will be directed to their site. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

We may change this Privacy Policy from time to time. If we make any significant changes, we will notify you through our Service, or by other means, to offer you the opportunity to review the changes before they become effective.

If you have any questions or concerns about our Privacy Policy or data processing, or if you wish to make a complaint about a possible breach of local privacy laws, please contact us at info@american-school.com.

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.

By using the Service, you are agreeing to be bound by the current version of our Privacy Policy, which is available on our website at https://american-school.com/american-school-online-privacy-policy/

15. Indemnification

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.

25. Severability

If any provision of these terms is deemed invalid, the rest of the terms will remain in full effect.