Terms and Conditions (2020)
Welcome to www.CommunitySpanish.com or Community-Spanish.Thinkific.com, a website owned and operated by JosephAllenPearson, (“we,” “our,” “us,” or “the Company”) a California sole proprietorship.
By visiting our website, creating a profile, purchasing any product/service or by clicking the “I accept” or “I agree” button while purchasing a subscription, you denote your legally-binding agreement to the following Terms and Conditions. If you do not agree to these terms and conditions, we encourage you to close this website.
The company reserves the rights to modify these Terms and Conditions at any time without prior notice, so we encourage you to visit this page regularly.
We reserve the rights to change or terminate any feature or service; we may restrict your access to some portions of website in the event we find that you are engaging in an activity that is inappropriate or in violation of these terms and conditions. You are not permitted to engage in any illegal activity either with or to the Web site.
You must create an account on our website or through Thinkific, our learning management system, in order to purchase goods or services. We are not responsible for the username and password details of you or others. Do not share your login information with anyone else. In case you forget your password, you can use “forgot password” option in the sign-in section of our website.
Minimum Age: To purchase the goods or services of this website, you must be 18 years of age or older. By using this website and/or purchasing our monthly subscription, you agree that you are at least 18 years of age or older. In the event that you are under the age of 18, you must have the express permission of your parent or legal guardian prior to purchasing any goods or services.
Section I - Use of Website and Services:
As a user of this website or a user/registrant of any of this website’s services, you agree:
- Personal Use – Your account is solely for your own, personal use. You may not allow others to access or use your account. You may not transfer your account to any other person. You agree that we, as the owners of this website, are not responsible for third party access to your account that in any way results in theft or illegal usage, storage, or sale of your personal information.
- Reporting of Violations – You will immediately contact us when you see (i) any possible violation of the Agreement by anyone, and (ii) any unauthorized access to your account, whether known or not.
- Content Removal – Any information or content you submit to the Services or in the public area will be available to us for monitoring. We keep the right to remove any information that in any way violates any possible law of the Services or any third party.
- No False Information – You agree that every content or information you provide will not be inaccurate, false or misleading. Neither to us nor to any user. If any information or content becomes as such, you will quickly contact us of the change that happened.
- No Advertising or Commercial Solicitation – Our messaging systems automatically scan all incoming [email and other] messages and filter out messages that may appear to be spam. We may also report any incoming email as spam. This can result in IP addresses and domain names being blacklisted. Users may not use our messaging facility or any of our other services to store, copy, relay, send or distribute spam. You must not send any chain letters, spam or junk email to other users of the Services. Furthermore, you agree that the information that you get from the Services will not be used by you in means of selling, advertising and such until the approval of the other user. By agreeing with this you acknowledge the fact that any breach of the terms will cause significant damages to us, that such damage will be hard to assess, and that we may take any action we deem necessary as outlined within these Terms of Service in order to enforce this policy – and that you disclaim any loss as a result of such enforcement.
- No Harassment of Employees, Agents, or Other Users – You agree that you will not harass, pressure or threaten any agents, employees or other users of this program or any affiliate programs offered.
- No Refunds for Information Products – Due to the inherent irrevocability of the transmission of knowledge, refunds will not be rendered for any information products purchased through www.CommunitySpanish.com or Community-Spanish.Thinkific.com, regardless of your financial situation, viewing of the information product, following of the advice contained therein, or of any other factor. Though JosephAllenPearson, SP strongly believes in the value of the advice found within its information products, results are not guaranteed. JosephAllenPearson disclaims any express or implied warranties.
We reserve the right to withdraw or change website features at any time and by any means without prior notice. This may result or be resultant from a mistake, malware, technical issue, glitches, fraudulence, illegal involvement, tampering, or any other reason that interferes with or prohibits the appropriate conduct of this website, company, or campaigns. However, JosephAllenPearson will not be held liable for these issues or any and all damages they may cause. We reserve the rights to change the pricing structure on any product we choose, at any time and without prior warning.
You acknowledge that all the emails, phone numbers, credit cards and other information you provide us belongs to you and you are not using any fake information.
Section II - User Conduct:
When creating a profile, purchasing our membership, contacting other members, posting anything on our social media accounts, or visiting any page, you will NOT:
- Disclose any confidential information about other users without their permission.
- Engage in any kind of offensive behavior (pornography, racism, abusiveness, harassment etc.).
- Forward chain letters or marketing material using our website.
- Use of pictures that do not belong to you. You are not permitted to impersonate anyone.
- Infringe any third party's rights.
- Upload any malicious software, virus etc. that could disrupt the working of system tools, servers, networks.
- Try to sell other users' information to third parties.
- Try to access our services through automated robots, or conduct attacks such as Denial of Service.
- Promote products/services on our website.
Section III - Trademarks and Copyright Ownership:
All data and content, in any form, contained by or offered through the website and all intellectual property rights relating to said content are the sole property of JosephAllenPearson. This includes all information, content, photographs, articles, text, video, images, functions, or other content. You acknowledge and agree that this content is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and JosephAllenPearson owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. Users may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User’s personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the US copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
We may add some third party products/services on our website and in that case, the product copyrights belong to the creator or successor in interest of the creator. We may also sell products/services as an affiliate, therefore some of the products will be added to our website from other companies. We are not liable for any problem arising out of their contents, description, products etc. Under no circumstances shall JosephAllenPearson, its affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by a user’s reliance on information obtained through the www.CommunitySpanish.com or Community-Spanish.Thinkific.com Web site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the www.CommunitySpanish.com or Community-Spanish.Thinkific.com Web site.
This website itself or any section of this website may not be duplicated, sold, reproduced, copied, resold, visited, or otherwise used for commercial purposes excluding the possession of express written consent from the website or company owner(s). You may not utilize “hidden text”, hereafter defined as being of the same purpose as metatags, without the company’s express written consent. Any unauthorized use of hidden text terminates any license granted by the company and associated companies and voids these Terms and Conditions. You may be prosecuted for such actions.
Section IV - Disclaimer
THE WWW.COMMUNITYSPANISH.COM OR COMMUNITY-SPANISH.THINKIFIC.COM WEB SITE IS PROVIDED BY JOSEPHALLENPEARSON ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, JOSEPHALLENPEARSON. DISCLAIMS ALL IMPLIED WARRANTIES.
WITHOUT LIMITING THE FOREGOING, JOSEPH PEARSON MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE WWW.COMMUNITYSPANISH.COM OR COMMUNITY-SPANISH.THINKIFIC.COM WEB SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE WWW.COMMUNITYSPANISH.COM OR COMMUNITY-SPANISH.THINKIFIC.COM WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE WWW.COMMUNITYSPANISH.COM OR COMMUNITY-SPANISH.THINKIFIC.COM WEB SITE; OR (IV) THAT THEWWW.COMMUNITYSPANISH.COM OR COMMUNITY-SPANISH.THINKIFIC.COM WEB SITE, ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF WWW.COMMUNITYSPANISH.COM OR COMMUNITY-SPANISH.THINKIFIC.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER WWW.COMMUNITYSPANISH.COM NOR COMMUNITY-SPANISH.THINKIFIC.COM GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WWW.COMMUNITYSPANISH.COM OR COMMUNITY-SPANISH.THINKIFIC.COM WEB SITE OR ANY RELATED SERVICES. THE OPERATION OF THE WWW.COMMUNITYSPANISH.COM OR COMMUNITY-SPANISH.THINKIFIC.COM WEB SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF JOSEPHALLENPEARSON.
UNDER NO CIRCUMSTANCES SHALL JOSEPHALLENPEARSON OR JOSEPH PEARSON BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE WWW.COMMUNITYSPANISH.COM OR COMMUNITY-SPANISH.THINKIFIC.COM WEB SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE WWW.COMMUNITYSPANISH.COM OR COMMUNITY-SPANISH.THINKIFIC.COM WEB SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO WWW.COMMUNITYSPANISH.COM'S OR COMMUNITY-SPANISH.THINKIFIC.COM’S RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WWW.COMMUNITYSPANISH.COM OR COMMUNITY-SPANISH.THINKIFIC.COM WEB SITE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.
Section V - Products and Services
All the products or services made available on this website are intended solely for personal or small business use. You may not transfer, re-sell, assign, or dispose of any service without the prior written consent of the company. We reserve the right to cancel any membership if it appears that it is of fraudulent or inappropriate nature. Prices, promotions, and campaigns are subject to change without prior notice.
Section VI - Indemnification
You agree to defend, indemnify, and hold harmless the company and any associated companies and their associates from and against all liabilities, damages, and costs resulting from the violation of these terms and conditions. This wrongful or negligent conduct, whether conducted by yourself or any other person accessing the website using your information, will be assumed to have been conducted by you and is in no way reflective upon or liable to the website or its company.
Section VII - Our Liability
We do not guarantee any measure of accuracy of our content and information on our website or any associated social media platforms. We do not guarantee accuracy for any warranties, liability, or any other damages caused by violation of this agreement. The following is a list where we do not offer accuracy:
Any form of warranty posted on any terms or through any medium which might be implied by law.
Any form of liability attached to any loss or damages from using our website. Said loss or damages have no limitations and result from the posts of other users, by using our website, or any hyperlinks or advertisements that are in any way associated with our website. They can include:
○ Data loss
○ Monetary loss
○ Contract loss
○ Company loss
○ Information breach
○ Income loss
Section VIII - Links to third party sites/Third party services
www.CommunitySpanish.com contains links to other websites (“Linked Sites”). The Linked Sites are not under the control of the www.CommunitySpanish.com and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement by www.CommunitySpanish.com of the site or any association with its operators.
Certain services made available via www.CommunitySpanish.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.CommunitySpanish.com domain, you hereby acknowledge and consent that we may share such information and data with any third party with whom www.CommunitySpanish.com has a contractual relationship to provide the requested product, service or functionality on behalf of our users and customers.
Section IX - Termination of Usage
We may suspend or terminate any user’s access to all or any part of the www.CommunitySpanish.com or Community-Spanish.Thinkific.com Web site including any account thereon, without notice, for any reason in our sole discretion.
Section X - Acknowledgment