- English Momentum, Inc.
- 406 Cambray Rd.
- Cambray, Ontario K0M 1E0
Effective Date: 29/06/2017
Policy Version: 1.1
‘Nonpersonal Information’ (NPI) is information that is in no way personally identifiable and which is obtained automatically when you access our website with a web browser. ‘Personally Identifiable Information’ (PII) is not publicly displayed information that is personally identifiable to you and obtained for us to provide you with a product or service. PII may include information such as your name, address, phone number, credit card information, and other related information that you provide to us.
Your Personal Information (PII)
Information We Collect
Generally you control the amount and type of information you provide to us when using our website. If you register as a member to use our website, you must provide PII in order for us to provide you with various features and/or functionality of our website. As a member we collect your PII in the following ways:
At Member Registration
When you register for membership, we collect your name and email address.
When Downloading Free Digital Products
If you download free digital products from us, we collect your name, email address, physical address, and phone number.
When Buying Products or Services
If you buy products or services from us, we collect your name, email address, physical address, credit card information, phone number.
There may be online forms used on our website. The information you enter into these online forms may contain PII.
Our website may offer premium features for the use of which you must pay. If we were to charge you for the use of these premium features, we would need to collect payment source information (such as a credit card) to bill you for using such premium features.
Computer Information Collected
When you use our website, we automatically collect certain computer information through the interaction of your mobile phone or web browser with our website. Such information is typically (but not always) considered NPI.
- Identifying the areas of our website that you have visited
- Signing in and identifying you as a member or user of our website
- Our website analytics
- Remarketing our products or services to you
- Navigating our website
- Remembering your preferences and settings
- Targeted advertising
- Affiliate marketing
We may also use a technology called web beacons to collect general information about your use of our website and your use of special promotions or newsletters. The information we collect by web beacons allows us to statistically monitor the number of people who open our emails. Web beacons also help us understand the behavior of our customers and visitors. Our web beacons are not used to track your activity outside our website.
We automatically receive information from your web browser or mobile device. This information includes the name of the website from which you entered our website, if any, as well as the name of the website to which you’ll go when you leave our website. This information also includes the IP address of your computer/proxy server that you use to access the Internet, your Internet service provider’s name, web browser type, type of mobile device, and computer operating system. We use all this information to analyze trends among our users to help improve our website.
You can prevent Google Analytics from recognizing you on return visits to this site by disabling cookies on your browser. https://tools.google.com/dlpage/gaoptout
Why am I seeing ads by Google for products I’ve viewed?
Our website uses a remarketing advertising service. Our remarketing service is provided by Google and other companies that show our ads on websites across the Internet. With remarketing you may see ads for our products you have previously looked at. As an example, suppose you visit a website that sells computers, but you do not buy a computer on your first visit to that website. The website’s owner might like to encourage you to revisit his/her site and buy a computer by showing you his/her ads again on other websites that you visit. We use remarketing for similar purposes, so you may see advertisements for our products as you search the Internet. For this to happen Google or other remarketing providers will read a cookie that is already in your browser, or they place a cookie in your browser when you visit our site or other sites using remarketing. (This can only happen if your browser is set to let it happen).
When you visit another website that works with Google or other providers of remarketing advertising, you may see ads for products that you previously viewed, even though they may have nothing to do with the website you are seeing the ads on. So going back to the computer example, you may see ads for computers on a news or weather website. This happens because your browser is sending Google the same cookie and encouraging you to revisit the computer website that you previously visited to buy a computer.
Why am I seeing ads by for products I’ve viewed?
Our website uses a remarketing advertising service. Our remarketing service is provided by Facebook. With remarketing, you may see ads for our products you have previously looked at when you use Facebook. For this to happen, Facebook uses a Custom Audience Pixel that is activated when a visitor lands on web page and a unique “cookie” is placed in their browser.
How Your Information Is Used
- We use the information we receive from you as follows:
- Provide our products and services
- Personalize and customize content
- Make improvements to our website
- Contact you with updates to our website
- Resolve problems and disputes
- Contact you with marketing and advertising that we believe may be of interest
Communications and emails
When we communicate with you about our website, we will use the email address you provided when registering as a member. We may also send you alerts regarding your use of our website. We may also send you emails with promotional information about our website or offers from us or our affiliates, unless you have opted out of receiving such information. You can change contact preferences at any time through your account or by contacting us.
Sharing information with affiliates and other third parties
We do not sell, rent, or otherwise provide your PII to third parties for marketing purposes. However, we may use your nonpersonal information for data aggregation purposes which might be sold to other parties at our discretion. Any such data aggregation would not contain any of your PII. We may provide your PII to affiliates who provide services with regards to our website (such as payment processors, shipping companies, United States Postal Service and other service providers.)
Community discussion boards
Legally required releases of information
We may be legally required to disclose your PII if such disclosure is (a) required by subpoena, law, or other legal process; (b) necessary to assist law enforcement officials or government enforcement agencies; (c) necessary to investigate violations of or otherwise enforce our Legal Terms; (d) necessary to protect us from legal action or claims from third parties, including you and/or other members; (e) necessary to protect the legal rights, personal/real property, or personal safety of our company, users, employees, and affiliates.
Disclosures to successors
Protecting the privacy rights of third parties
If any postings you make to our website contain information about third parties, you need to make sure that you have permission to include them in your posting. While we are not legally liable for the actions of our users, we will remove any postings for which we are notified that such postings violate the privacy rights of others.
Retaining and Destroying Your Personal Information
We retain information we collect from you (including PII) for only as long as we need such information for legal, business, or tax purposes. Your information may be retained in electronic form, paper form, or a combination of both. When your information is no longer needed, we will destroy, delete, or erase it.
Changing and Requesting Your Personal Information
You can change or update your PII using facilities found on our website. If you need assistance with updating your PII or removing yourself from our mailing lists, send us an email with your request or contact us using our contact information found on our website. You may also request the type of personal information we have collected from you that is stored in electronic or paper format by our company.
Opting out of sharing information
You can always opt-out of future unaffiliated third-party disclosures of your information. Such opt out will not affect disclosures otherwise permitted by law including but not limited to: (i) disclosures to affiliates, (ii) disclosures to third-party service providers who provide certain services for our business, such as credit card processing, computer system services, shipping, data management, or promotional services, (iii) disclosures to third parties as necessary to fulfill your requests, (iv) disclosures to governmental agencies or law enforcement departments or otherwise required to be made under applicable law, (v) previously completed disclosures to third parties, or (vi) disclosures to third parties in connection with subsequent contests or promotions you may choose to enter, or third-party offers you may choose to accept.
Do Not Track settings
Change and turn off tracking features in your browser. You can turn off tracking features and other security settings in your browser by visiting the following links:
- For Internet Explorer visit: http://goo.gl/0taI7I
- For Mozilla Firefox visit: http://goo.gl/IKxt9l
- For Google Chrome visit: http://goo.gl/NQIkqE
- For Safari visit: http://goo.gl/7XCOzL
Links to Other Websites
Protecting Children’s Privacy
We follow the Children’s Online Privacy Protection Act (COPPA). Even though our website is not designed for use by anyone under the age of 18 (child), we realize that a child may attempt to access our website. We do not knowingly collect PII from a child under the age of 18. If you are a parent or guardian and believe that your child is using our website, please contact us. We may ask for proof of identification before we remove any information to prevent malicious removal of account information. If we discover on our own that a child is accessing our website, we will delete the information as soon as we discover it, will not use the information for any purpose, and will not disclose the information to third parties. You acknowledge that we do not verify the age of our users nor have any liability to do so. If you are a child, please seek the permission from a parent or guardian before using our website.
Our Email Policy
We comply with the federal CAN-SPAM Act. You can always opt out of receipt of further email correspondence from us or our affiliates. We will not sell, rent, or trade your email address to any unaffiliated third party without your permission except in the sale or transfer of our business.
Our Security Policy
We have taken steps to build our website using industry-standard encryption and authentication tools to protect the security of your PII. When we collect your PII through our website, we will encrypt your PII before it travels over the Internet using industry-standard technology for conducting secure online transactions. We also use technologies such as secure routers and firewalls to protect your PII. Unfortunately we cannot fully guarantee secure data transmission over the Internet because of its nature.
Once we receive your PII, we have security measures in place to protect against the loss or misuse of your PII, though again we cannot fully guarantee against such loss or misuse. We strongly urge you to protect any password you may have for our website and not share it with anyone. You should always log out of our website when you finish using it, especially if you are sharing a computer with someone else or are using a computer in a public place.
Use of Credit Cards
You may have to provide a credit card to buy products and services from our website. We use third-party billing services and have no control over these services. We use our commercially reasonable efforts to make sure that your credit card number is kept strictly confidential by using only third-party billing services that use industry-standard encryption technology to protect your credit card number from unauthorized use. However, you understand and agree that we are in no way responsible for any misuse of your credit card number.
International Data Transfers
Information that we collect may be stored and processed in and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this policy. Personal information that you publish on our website or submit for publication on our website may be available via the Internet around the world. We cannot prevent the use or misuse of such information by others. You hereby agree to the transfers of personal information described within this section.
Copyright © Orion Systems. This document or any portion of it may not be copied or duplicated without a license from http://www.DisclaimerTemplate.com
 Terms and Conditions
- English Momentum, Inc.
- 406 Cambray Rd.
- Cambray, Ontario K0M 1E0
Effective Date: 29/06/2017
This web page represents a legal document and is the Terms and Conditions (Agreement) for our website https://www.englishmomentum.com (Website). By using our Website you agree to fully comply with and be bound by the following Agreement each time you use our Website. Please review the following terms carefully.
The terms “us”, “we”, and “our” refer to English Momentum, Inc., the owner of this Website. A “Visitor” is someone who merely browses our Website. A “Member” is someone who has registered with our Website to use our Services. The term “User” is a collective identifier that refers to either a Visitor or a Member. The term “Product” refers to any products we sell or give away. All text, information, graphics, design, and data offered through our Website or Services, whether produced by our Members or by us, are collectively known as our “Content”. We distinguish content posted by our Members as “Member Content”.
Acceptance of Agreement
This Agreement is between you and English Momentum, Inc.. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING, AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BEING BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS, AND/OR BROWSE IT FURTHER. Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and English Momentum, Inc. and supersedes all other Agreements, representations, warranties, and understandings with respect to our Website, Services, and the subject matter contained herein. However, in order for you to use our Website and/or Services you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.
Any legal controversy or claim arising from or relating to this Agreement and/or our Service, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to website operations, intellectual property, and our Service will be settled solely by binding arbitration in accordance with the commercial arbitration rules of the ADR Institute of Canada (ADRIC). Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Toronto, Ontario, Canada, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in Toronto, Ontario, Canada necessary to protect the rights or property of you and us pending the completion of arbitration. Each party will bear a half of the arbitration fees and costs.
Choice of Law and Jurisdiction
This Agreement will be treated as if it were executed and performed in Toronto, Ontario, Canada and will be governed by and construed in accordance with the laws of the province of Ontario without regard to conflict of laws provisions. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
English Momentum, Inc. grants you a nonexclusive, nontransferable, revocable license to access and use our Website and Services strictly in accordance with this Agreement. Your use of our Website and Services are solely for internal, personal, noncommercial purposes, unless otherwise provided in this Agreement. No printout or electronic version of any part of our Website or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website, Content, Services, and any software provided therein.
Our Relationship to You
This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and English Momentum, Inc..
Our Intellectual Property
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of our Website or Services does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of English Momentum, Inc.. Our Content, as found within our Website and Services, is protected under United States and foreign copyrights. Copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Website and Services does not grant you any ownership rights to our Content.
Digital Millennium Copyright Act Compliance
Our Website will respond quickly to claims of copyright infringement as found in our Content according to the terms of the Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512). If you believe that any of your copyrights are infringed by our Content, please provide us with a written notice by mail, fax, or email that contains the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on our Website;
- Your address, telephone number, and email address;
- Your statement that you have good belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- Your statement, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
We are only required to respond to notices that substantially comply with the above requirements. We will investigate your claim and notify you by the method of contact you used to file your notice with us.
Eligibility and Registration for Membership
To use our Services you must register with our Website to become a Member. Your Membership is not transferable or assignable and is void where prohibited. Our Website and Services are intended solely for Users who are at least (18) years of age or older. Any registration by, use of, or access to our Website by anyone under that age is unauthorized, unlicensed, and in violation of these Terms and Conditions. By using our Website and/or Services you represent and warrant that you are (18) years of age or older and agree to abide by all the terms and conditions of this Agreement. English Momentum, Inc. has sole right and discretion to determine whether to accept a Member, and may reject a Member’s registration with or without explanation.
When you complete the registration process, you will receive a password that will allow you to access our Services. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that our Website cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.
The opinions expressed on our Website are not necessarily the opinions of English Momentum, Inc.. Any Blog content provided by our bloggers is of the blogger’s opinion, and is not intended to malign any religion, ethnic group, club, organization, company, individual, or anything. The Content may be changed without notice and is not guaranteed to be complete, correct, timely, current, or up-to-date. Similar to any printed materials, the Content may become out-of-date. We undertake no obligation to update any Content on our Website. Members are responsible for their own content where applicable, and may update their Content at any time without notice and at their sole discretion. We reserve the right to make alterations or deletions to the Content at any time without notice.
Errors, Corrections, and Changes
We do not represent or otherwise warrant that our Website will be error-free, free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Website will be correct, accurate, timely, or otherwise reliable. We may make changes to the features, functionality, or Content of our Website or Services at any time. We reserve the right in our sole discretion to edit or remove any documents, information, or other Content appearing on our Website or Services.
Financial, Legal, and Other Advice Disclaimer
You hereby acknowledge that nothing contained in our Website will constitute financial, investment, legal, and/or other professional advice and that no professional relationship of any kind is created between you and English Momentum, Inc. or our Members. You hereby agree that you will not make any financial, investment, legal, and/or other decision based in whole or in part on anything contained in our Website or Services.
Advertisers and Sponsors Disclaimer
Our Website may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our Website is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy, or problem in the advertiser’s or sponsor’s materials.
THE INCLUSION OF THIRD PARTY ADVERTISEMENTS DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION BY English Momentum, Inc. AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ANY PRODUCT OR SERVICE CONTAINED THEREIN.
Merchant and Advertisement Disclaimer
We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. We are not a party to the transactions entered into between you and Merchants.
You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED, OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY, OR NONINFRINGEMENT. WE ARE NOT LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT WEBSITES OR ANY OTHER WEBSITE LINKED TO OUR WEBSITE.
All rules, legal documents (including privacy policies), and operating procedures of Merchants will apply to you while on any Merchant websites. We are not responsible for information provided by you to Merchants. Our relationship to Merchants is solely as independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
English Momentum, Inc. is not responsible or liable in any manner for any Content posted on our Website or in connection with our Services, whether posted or caused by Members of our Website, or by English Momentum, Inc.. Although we provide rules for Member conduct and postings, we do not control and are not responsible for what Members post, transmit, or share on our Website or Services, and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter using our Website or Services. English Momentum, Inc. is not responsible for the online or offline conduct of any User of our Website or Services.
Our Website or Services may be temporarily unavailable from time to time for maintenance or other reasons. English Momentum, Inc. assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of Member communications.
English Momentum, Inc. is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email on account of technical problems or traffic congestion on the Internet, or any combination thereof, including injury or damage to Members’ or to any other person’s computer, mobile phone, or other hardware or software related to or resulting from using or downloading materials in connection with our Website or Services, including without limitation any software provided through our Website or Services.
Under no circumstances will English Momentum, Inc. be responsible for any loss or damage, including any loss or damage or personal injury or death resulting from anyone’s use of our Website or Services, or any interactions between Users of our Website or Services, whether online or offline.
English Momentum, Inc. reserves the right to change any Content, software, and other items used or contained in our Website or Services at any time without notice. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith by our Website, by third parties, or by any of the equipment or programming associated with or utilized by our Services.
THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED ‘AS-IS’, ‘AS AVAILABLE’, WITH ‘ALL FAULTS’, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.
English Momentum, Inc., INCLUDING ALL OUR AFFILIATES, HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR SERVICES. English Momentum, Inc. CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. English Momentum, Inc. DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED.
WITHOUT LIMITING THE FOREGOING YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE AND ALL OF OUR AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND English Momentum, Inc..
OUR WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR SERVICES WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
English Momentum, Inc., as well as all our Affiliates, will not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Website or Services, (b) any product liability issues to the extent that we are not involved with the manufacturer of the product(s) giving rise to liability, (c) the unavailability or interruption of our Website or Services, (d) your use of our Website or our Content, (e) the Content contained on our Website or Services, or (f) any delay or failure in performance of our Website and Services beyond our control.
IN NO EVENT WILL English Momentum, Inc. OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, CONTENT, SERVICES, OR ANY RELATED SOFTWARE, ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITE OR SERVICES, EVEN IF English Momentum, Inc. IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, English Momentum, Inc.’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR WEBSITE AND/OR SERVICES ACCESSED DURING THE PREVIOUS MONTH OF YOUR MEMBERSHIP PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
Members may post their content to our Website through our Services (Member Content). Members and Visitors understand that by using our Website or Service they may be exposed to content that is offensive, indecent, or objectionable. We have no control over Member Content and do not in any way guarantee its quality, accuracy, or integrity. English Momentum, Inc. is not responsible for the monitoring or filtering of any Member content. Should any Member Content be found illegal, English Momentum, Inc. will submit all necessary information to relevant authorities.
If any Member Content is reported to English Momentum, Inc. as being offensive or inappropriate, we may ask the Member to retract or otherwise modify the questionable content within 24 hours of being notified by English Momentum, Inc.. If the Member fails to meet such request, English Momentum, Inc. has full authority to restrict the Member’s ability to post Member Content OR immediately terminate the Member’s membership without further notice to the Member.
Without limiting the foregoing we have sole discretion to remove any Member Content that violates this Agreement or is otherwise objectionable in our sole discretion. Members are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Members will respect copyright and trademark laws.
You warrant that you will not use our Services to infringe the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law we have adopted a policy of terminating Members who we deem, in our sole discretion, to be infringers of others’ intellectual property rights.
As a Member you agree not to use our Services to do any of the following:
1) Upload, post, or otherwise transmit any Member Content that:
a. Violates any local, state, federal, or international laws
b. Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party
c. Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically, or otherwise objectionable
d. Links directly or indirectly to any materials to which you do not have a right to link
e. Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers
f. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or extract information from our Website or Services
g. Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation
h. In the sole judgment of English Momentum, Inc. is objectionable or restricts or inhibits any other person from using or enjoying our Website or Services, or which may expose English Momentum, Inc., our affiliates, or our Users to any harm or liability of any type
2) Use our Content to:
a. Develop a competing website
b. Create compilations or derivative works as defined under United States copyright laws
c. Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism
3) Decompile, disassemble, or reverse engineer our Website, Services, and any related software
4) Use our Website or Services in any manner that violates this Agreement or any local, state, federal, or international laws.
Use of Information
All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively ‘Submission’) is considered assigned to us and is our property. We will not be required to treat any Submission as confidential, nor be liable for any ideas (including without limitation product, service, or advertising ideas), and will not incur any liability as a result of any similarities that may appear in our future Products, Services, or operations.
Without limitation we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit and have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
We reserve the right to investigate complaints or reported violations of this Agreement and take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.
Linking to Our Website
You may provide links to our Website provided that (a) you do not remove or obscure any portion of our Website by framing or otherwise, (b) your website does not engage in illegal or pornographic activities, and (c) you discontinue providing links to our Website immediately upon our request.
Links to Other Websites
You represent and warrant that if you are purchasing something from us, (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.
Refund and Return Policy
To the extent that you purchase any goods directly from us we may refund your purchase price within thirty (30) days of you notifying us in writing of your desire of the refund together with a reason for the request subject to the return of the Product to us in substantially the same condition as when purchased. Any refund or return may be subject to restocking fees as found on our Website.
Termination of Membership
Your membership with us is effective until terminated by you or us. Your rights under these Terms and Conditions will terminate without our notice if you fail to comply with any term of these Terms and Conditions. On termination you will stop representing yourself as a registered Member or Client. You must delete or destroy any information or content (including all copies) obtained from our Website. Certain provisions of this Agreement, including but not limited to copyrights, indemnity, trademarks, limitation of liability, warranty and jurisdictional issues will survive the termination of this Agreement.
You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website or Services.
Severability and Survival
Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such provision, nor of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
Changes to Our Terms and Conditions
We reserve the right to change these Terms and Conditions at any time by giving you advanced notice of the changes by email or in writing. We will also post these changes on our website. These changes will become effective 30 days after receiving the notice. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms and Conditions, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our Website, Services, and Products after any change to these Terms and Conditions and notifying you will constitute your acceptance of such change. If you do not agree with the changes to these Terms and Conditions, you can choose to discontinue the use of our Website, Services, and Products.
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