Do you speak English at work?
Or are you just pretending to understand?
LingoPro teaches general English for professionals who want to stop feeling stuck and start communicating with confidence. From beginner to functional fluency, with live classes and a method tailored to your real-life needs.
Terms and
Services
1. About the Terms of Service in General
1.1
The Company owns and operates the LingoPRO website. We offer you the ability to learn English online through our online services and website functionality, and offline through downloads made available on the website (collectively, the “Service”). The Service includes LingoPRO courses offered by the Company.
1.2
Below is a brief summary of certain terms and conditions included in these Terms of Service. However, this summary is provided solely for your convenience, and you should read the complete Terms of Service before agreeing to them.
• You are granted the right to use the Service, subject to these Terms of Service. This right of use is limited to you as an individual person (and not as a business partnership or legal entity), and it is non-transferable unless you obtain the Company’s written consent.
• To fully use the Service, you must accept the end-user license agreement and the terms and conditions related to other associated software and hardware. Failure to accept the terms of such agreements may limit your ability to fully use the Service.
• Notwithstanding any other provisions contained herein, the Service is made available for your use for a period beginning from the registration of your information together with the corresponding payment, including any renewals.
• The Service only works with your personal computer and compatible devices.
• To use the Service, you must register and open a LingoPRO account.
• We reserve the right to make periodic updates to the Service with or without prior notice.
• The Service includes security and anti-fraud features that, if activated, may result in previously available content becoming unavailable.
• You must be at least 18 years old to accept these Terms of Service; however, if you are under 18 years old, your parent or legal guardian may accept them on your behalf.
• By using this Service, you declare that you have been informed about the collection, processing, and use of all information related to your use of the Service, in accordance with the terms of our Privacy Policy. You understand that you may encounter content to which you may object.
• We reserve the right, at our sole discretion, to modify these Terms of Service at any time without prior notice. In the event of a material change, we will make commercially reasonable efforts to notify you before implementing such changes.
• LingoPRO disclaims, to the fullest extent permitted by law, certain representations and warranties related to the Service and limits its liability with respect to them.
• If you have any questions regarding these Terms of Service, or if you wish to contact us for any reason, please call the phone number available on our website at www.lingopro.com.br. If you are already one of our students, please send your comments through one of the available options within the Learning Platform.
2. Permission to Use the Service; Reservation of Rights
By accepting these Terms of Service, you are granted a non-exclusive, non-transferable, non-sublicensable, and limited right to enter, access, and use the Service solely for personal and non-commercial use.
All rights not expressly granted in these Terms of Service are reserved by the Company and its licensors, as applicable. You agree that this permission is for your personal and non-commercial use only, and that no one other than you may use the Service.
You do not have any right to copy or reproduce, in whole or in part, any portion of the Service, including, without limitation, LingoPRO content.
Except for the limited license granted under this Section 2, you have no other rights, title, or interest in the Service. You understand and acknowledge that, under all circumstances, your rights regarding the Service will be limited by applicable copyright and intellectual property laws, as well as by these Terms of Service.
3. Descrição do serviço
3.1 Em geral.
3.1.1 Sua informação de conta e registro. Você pode navegar, visualizar e pesquisar dentro do Serviço sem abrir uma Conta da LingoPRO ou fornecer Informações de Registro. No entanto, para usar este serviço de outra forma e acessar conteúdos da LingoPRO, você deve abrir uma Conta da LingoPRO e fornecer Informações de Registro à Empresa.
3.1.2 Acessando o Conteúdo da LingoPRO. A propriedade do conteúdo de LingoPRO está definida abaixo na Seção 8 (Propriedade Intelectual) destes Termos de Serviço. Você pode acessar o Conteúdo da LingoPRO um número ilimitado de vezes, desde que tenha assinado o Serviço. Também lhe é permitido transferir os podcasts da LingoPRO a dispositivos portáteis para uso pessoal e não comercial. Você também pode gravar os podcasts da LingoPRO em CDs e DVDs para uso pessoal e não comercial; no entanto, uma vez que tenha transferido e/ou gravado o Conteúdo da LingoPRO em tais mídias, você concorda em não copiar, reproduzir, distribuir ou transferir dito conteúdo a qualquer outra mídia ou dispositivo, ou distribui-lo ou transferi-lo a qualquer outra pessoa ou terceiros. Quaisquer gravaçðes ou transferências do Conteúdo da LingoPRO serão apenas um empréstimo a você e não devem constituir uma garantia ou abdicação (ou outra limitação ou implicação) de quaisquer direitos dos proprietários dos direitos autorais do Conteúdo da LingoPRO, incluindo qualquer composição musical que contenha.
3.1.3 Termos adicionais de software e hardware. Note que pode haver acordos de licença e termos de serviço independentes que você deva aceitar para os hardwares e softwares que use em conexão com o Serviço, ou que possam interagir com o Serviço. Não aceitar os termos desses acordos pode limitar a sua capacidade de usar completamente o Serviço Além disso, o Serviço só funciona com dispositivos compatíveis.
3.1.4 Acesso ao Conteúdo da LingoPRO. É concedido a você, seu filho (e/ou menor de idade sob sua guarda legal) o direito de usar o serviço, sujeito aos Termos de Serviço presentes. Além disso, a usar o Serviço, você concede o seu consentimento para a coleta, processamento e utilização de toda a informação relacionada ao uso do Serviço pelo seu filho, que são coletados e geridos de acordo com nossa Política de Privacidade.
4. Promotions
4.1 Promotions
The Company, other LingoPRO entities, and certain third parties may, from time to time, place advertisements or present promotional offers and materials on or through the Service. Your participation in any promotion or offer is subject to the applicable rules associated with such promotion.
Your dealings with other entities or third parties, and your participation in promotions or offers from third parties advertised or presented through the Service, shall be solely between you and the relevant party involved.
Please note that you must be at least 18 years old to participate in any promotion or offer connected to or related to the Service in any way.
YOU AGREE THAT THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF SUCH DEALINGS, OR AS A RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SERVICE.
5. Restrictions
Your use of the Service is subject to the following restrictions:
5.1 Company Rules and Policies
By using the Service, you will be subject to all published guidelines or rules applicable to specific services and features that may be published from time to time (the “Guidelines”). All Guidelines are incorporated herein by reference into these Terms of Service.
Such Guidelines will be applied generally and in a non-discriminatory manner to all end users of the Service and may include, for example, mandatory and automated updates, modifications, and software reinstalls, as well as obtaining changes for, among other reasons, security, interoperability, and/or performance purposes. These updates, modifications, and similar actions may occur periodically or as needed, without prior notice.
Additionally, you understand that certain aspects of the Service are capable of self-monitoring and may create a unique system identification for security and fraud detection purposes. Your access to certain applications may be restricted due to security reasons or pursuant to the consistent enforcement of LingoPRO protection policies. You understand and agree that this may result in previously available LingoPRO Content becoming unavailable.
5.2 Age Requirements
You must be at least 18 years old to agree to and accept these Terms of Service on your own behalf. If you are under 18 years old, your parent or legal guardian must accept these Terms of Service and register for the Service on your behalf.
Please review our Privacy Policy regarding the processing of data related to minors under 18 years old.
5.3 Prohibited Conduct
You may not use the Service to transmit, display, or otherwise make available any messages, content, or materials that:
(i) are unlawful, obscene, threatening, “spam-like,” defamatory, or invasive of privacy;
(ii) violate or infringe any copyrights, trademarks, patents, trade secrets, other intellectual property rights, privacy or publicity rights, communication regulations or statutes, or any other laws, including without limitation laws relating to defamation, harassment, obscenity, or pornography;
(iii) constitute political campaigning or commercial solicitation, or contain software viruses or other computer code designed to interfere with the functionality of any computer systems; or
(iv) are harmful to minors in any way.
You agree not to disrupt or attempt to disrupt the operation of the Service in any manner.
During courses, students must behave appropriately and respectfully, considering the high educational standards and the career progression of other students. Any violation of the provisions herein may be subject to review and to any action the Company decides to take at its sole discretion, including termination of the Service pursuant to Section 9.3 of this document.
In addition, you may not use a false email address or otherwise mislead other members regarding your identity or the origin of any message or content.
5.4 Restrictions Related to Use of the Service
Because the Service includes security components, special rules and policies apply. You may not attempt (or support attempts by others) to circumvent, reverse engineer, decrypt, decompile, disassemble, tamper with, or otherwise interfere with any aspect of the Service.
You may not distribute, exchange, modify, sell, resell, or retransmit any portion of the Service, including but not limited to any text, image, or audio, for any commercial business purpose or public use.
You agree not to copy, sell, distribute, or otherwise transfer LingoPRO Content except as expressly permitted herein.
5.5 Restrictions Related to the LingoPRO Account
You may only open a LingoPRO account for yourself, and not for any other person, subject to the provisions of the section above entitled “Age Requirements.”
You agree not to allow others to use your Registration Information and/or LingoPRO Account, and you agree that you will be solely responsible for maintaining their confidentiality and security.
You agree to notify the Company immediately of any unauthorized use of your password and/or LingoPRO Account by contacting one of our consultants through the phone number available on our website at www.lingopro.com.br, or through the Learning Platform using the “Contact Us” link.
If you are using or opening an account on the Service on behalf of a company, entity, or organization (collectively, a “Subscriber Company”), then you represent and warrant that:
• You are an authorized representative of the Subscriber Company with authority to bind such entity to these Terms of Service; and
• You agree to these Terms of Service on behalf of such Subscriber Company.
5.6 Restrictions Related to LingoPRO Content
Except as expressly permitted herein, the rights granted to you under these Terms do not grant you any of the following:
(a) rights to reproduce or use LingoPRO Content for promotional purposes;
(b) rights to enter into agreements with any profit-generating broadcast system (terrestrial, satellite, cable, and/or other distribution channels);
(c) rights to distribute or redistribute LingoPRO Content through streaming applications (via the Internet, intranets, and/or other networks);
(d) rights to distribute LingoPRO Content to third parties through other content distribution systems (paid audio applications, audio-on-demand services, or similar systems) or through physical media (compact discs, DVDs, semiconductor chips, hard drives, memory cards, and similar media); or
(e) commercial use, sales, resale, reproduction, distribution, or promotional rights related to LingoPRO Content.
Any management solution provided together with LingoPRO Content is considered an inseparable part of such content and may not be bypassed except to the extent permitted by applicable law.
If you possess or control any LingoPRO Content, you are responsible for ensuring that such content is not lost, destroyed, or damaged.
6. Fees and Billing
6.1 Agreement to Pay
All users of the Service must first agree to these Terms of Service, complete a payment authorization, and accept the Terms and Conditions of Purchase. You agree to pay for all LingoPRO Content that is not obtained through a promotional code or otherwise offered to you free of charge by the Company.
6.2 Refund Policy
No fees are refundable after seven (7) days from the course purchase date. Any refund that LingoPRO is required to issue will be made through the credit card or payment method designated when you made a purchase or incurred a charge on the Service, as provided in Section 6.4 of this agreement.
6.3 Termination
The Company reserves the right to terminate your LingoPRO Account and/or your access to the Service for violation of these Terms of Service. In the event that your membership and Service subscription(s) are terminated, no fees or charges will be refundable.
6.4 Financial and Credit Card Transactions
During the registration process, you may be required to provide your credit card or bank account information (your “Payment Method”).
As a user of the Service, you agree that all fees, sales taxes, and any other charges incurred in connection with your use of the Service may be charged to your credit card or debited from your bank account.
Except as expressly stated herein, no fees or charges shall be refundable.
If you use a credit card or bank account to make purchases on the Service, we may, at our discretion, charge your Payment Method individually for each transaction or combine multiple purchases into a single charge.
In this regard, you agree to pay all amounts due in accordance with the Terms and Conditions and to maintain sufficient funds in your Payment Method to satisfy any amounts owed to the Company.
You are responsible for maintaining the confidentiality of your LingoPRO Account and will be responsible for all charges incurred by any person through your LingoPRO Account.
All charges will be billed to the Payment Method designated when you make a purchase or incur a charge through the Service. Any banking fees or charges imposed by your financial institution or credit provider are your responsibility.
If your billing information changes, you must update it by contacting one of our consultants through the phone number available on our website or through the Learning Platform using the “Contact Us” link.
By providing your credit card or bank account information to the Company, you acknowledge and agree that we may retain your credit card information on file until your LingoPRO Account is closed and, as stated in our Privacy Policy, unless you request LingoPRO customer support to remove your credit card information, in which case it will be removed as described in the Privacy Policy.
By providing your credit card information to the Company, you agree that you will review the terms and conditions imposed by your credit card issuer regarding notification requirements and limitations on your liability in the event of loss, theft, or unauthorized use of your card.
You agree that you, and not LingoPRO or its Partners, will be solely responsible for the payment of all amounts charged to your Payment Method by unauthorized third parties.
You agree not to provide any Payment Method information (credit card or bank account) that is not issued in your own name.
6.5 Taxes
Purchases made through the Service may include sales taxes or value-added taxes (where applicable), and such taxes will be based on the best available address information.
In such cases, the tax rate in effect at the time purchases are made through the Service will apply. If the applicable sales tax rate changes before the completion of a purchase, the new rate effective at the time of completion will apply.
Other limitations and exemptions regarding products and services may also apply. You are solely responsible for paying such taxes.
6.6 Right to Change Prices
All prices listed for the Service are subject to change by the Company at any time, without notice and without liability to you.
The Company does not provide price protection or refunds in the event of a price reduction or promotional offer.
7. Special Warnings
As a user of the Service, please note the following:
7.1 Privacy
By registering for the Service, you acknowledge the need for the collection and processing of all information related to your use of the Service, including Registration Information. This information is collected by the Company and processed in accordance with the terms of the Privacy Policy, which is expressly incorporated into these Terms of Service by reference.
7.2 Accuracy of Information
You represent and warrant that all information (including Registration Information and responses to surveys and questionnaires) that you provide to the Company will be accurate, complete, and current, and you also agree to update such information as necessary.
You further agree that any information provided by you to the Company will not violate any law or regulation, nor infringe upon the rights of any third party.
7.3 Residency and Legal Capacity to Contract
By opening a LingoPRO Account, you represent and warrant to the Company that you reside in the territory specified in your profile and that you have the legal capacity to enter into a contract under the laws of your jurisdiction.
7.4 Nature of the Content
You understand that, by using the Service and accessing LingoPRO Content, you may encounter materials that you may consider explicit, offensive, or otherwise objectionable.
The Company may include, where available, information related to ratings, content type, and descriptions if such information is provided by the applicable owners of the LingoPRO Content. However, the Company is not responsible for the accuracy of such information.
You agree to the following, regardless of whether the Service includes parental control features, and regardless of the extent to which you use such parental controls:
(a) It is your responsibility to determine whether the LingoPRO Content or materials available through the Service meet your standards; and
(b) Under no circumstances shall the Company, its Partners, or content providers be liable in any way for any LingoPRO Content or materials to which you gain access.
You agree to use the Service at your own risk and acknowledge that the Company and its Partners shall not be responsible for any content or materials contained within the Service.
7.5 Risk of Use
Neither the Company nor its Partners shall assume any responsibility or liability for any damage to your equipment or other property, or for any viruses that may affect them as a result of your access to, use of, downloading from, or browsing of the Service.
7.6 Links to Third-Party Websites; RSS Feeds
The Company is not responsible for the content or availability of any RSS Feeds or third-party websites linked to or from the Service.
Your access to RSS Feeds or links to other websites is entirely at your own risk. All RSS Feeds and links are provided solely for your convenience and should not be interpreted as an endorsement by the owner or sponsor of the website.
The Company disclaims all warranties, express or implied, regarding the accuracy, quality, or otherwise of any materials or information contained within such RSS Feeds or websites.
7.7 The Company’s Right to Modify These Terms of Service
The Company reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms of Service at any time without prior notice.
All changes shall become effective immediately. In the event of a material change, we will make commercially reasonable efforts to notify you and obtain your consent before implementing such changes.
Please review these Terms of Service periodically for updates. Your continued use of the Service after the posting of such changes constitutes your binding acceptance of those changes.
7.8 The Company’s Right to Modify the Service
The Company may add, change, discontinue, remove, or suspend any material incorporated into the Service, including features, prices, and product specifications described or displayed in the Service, either temporarily or permanently, at any time without notice or liability.
In addition, the Company and/or owners of LingoPRO Content may, from time to time, remove LingoPRO Content from the Service without notice, and the Company may at any time lose the right to make certain LingoPRO Content available.
In such cases, you may no longer be able to obtain or access certain LingoPRO Content.
8. Intellectual Property
8.1 Trade Secrets and Proprietary Material
The Service contains and/or incorporates trade secrets, patented inventions (and/or pending patents), and/or other proprietary materials and intellectual property owned by the Company and/or its licensors.
All title and ownership rights in and to the Service, including, without limitation, LingoPRO Content, and any copies related to the Service and its content, remain the property of the Company and its licensors, as applicable.
You agree to keep confidential any information contained in the Service that is not publicly known and not to disclose such information to third parties without the Company’s prior written consent.
Students are not authorized to attempt to reconfigure, disassemble, or reverse engineer the website, the Service, and/or the LingoPRO Content.
8.2 Copyrights
LingoPRO Content and other works of authorship found on, within, or as part of the Service (collectively, the “Content”) are protected by applicable copyright laws, international copyright treaties, and other intellectual property laws and treaties.
The Content is licensed, not sold. You may not make unauthorized copies of or use any Content except as specified herein and in accordance with applicable laws.
All copyrights and title in and to the Content and the Service (including derivative works or improvements, including but not limited to images, illustrations, photographs, graphics, animations, videos, audio, music, text, scripts, applets, files, URLs, documentation, and interactive features included in, available through, or incorporated into the Service) are owned by the Company and its licensors.
You agree to comply with all copyright protection laws in connection with your use of the Service and the Content. In addition to the terms provided in these Terms of Service, the Company may take appropriate measures to protect copyrights in the Content.
8.3 Trademarks
You may not use any trademarks found on or within the Service except as specified herein and in accordance with applicable laws.
You may not copy, display, or use any trademarks without the prior written consent of the owner. Any unauthorized use may violate trademark laws, privacy and publicity laws, and civil or criminal statutes.
The trademarks listed below are trademarks of the Company, its direct or indirect parent companies, and/or its Partners, licensors, or third parties. Nothing contained in the Service shall be construed as granting, by implication or otherwise, any license or right to use any trademark.
Please note that the trademark list below is updated periodically, and therefore neither this list nor its updates constitute a definitive list of trademarks.
8.4 The Company’s Rights Regarding Your Submissions
By posting messages, reviews, submitting data, or otherwise participating in any form of communication through the Service (if permitted by the Company) or through the Company’s official social media channels, you represent that you have all rights necessary to make such submissions, that such submissions do not infringe the rights of third parties, and that you agree that the Company may copy, sublicense, adapt, transmit, publicly perform, or publicly display such content in order to provide and/or promote the Service and/or respond to any legal requirement, claim, or threat.
If the Company’s use of such content exploits any proprietary rights you may have in such material, you agree that the Company has an unrestricted, royalty-free, non-exclusive, and perpetual right to do so.
You agree that any loss or damage of any kind resulting from the use of any messages, content, or materials uploaded, posted, displayed, or otherwise made available by you through the Service shall be solely your responsibility.
You are also solely responsible for monitoring and protecting any intellectual property rights related to content you may post on social media, including but not limited to text messages, illustrations, data, files, images, graphics, photographs, comments, sounds, music, videos, informational content, and/or other materials.
The Company has no responsibility or liability on your behalf regarding such matters.
8.5 Action Regarding Intellectual Property Infringement
If the Company receives a notice alleging that you have engaged in conduct that infringes the rights of the Company, its Partners, or any third party, or if the Company reasonably suspects such conduct, the Company may suspend or terminate your access to the Service without prior notice.
If the Company takes action under this section, it shall not be liable to you, including for any amounts previously paid by you or any credits you may have on the Service.
9. Standard Terms
9.1 Legal Remedies
You agree that any unauthorized use of the Service or any technology contained therein would result in irreparable harm to the Company for which monetary damages would be inadequate. Therefore, in such event, the Company shall have the right, in addition to any other remedies available at law or in equity, to seek immediate injunctive relief against you to prevent any unauthorized use.
Nothing contained in this Section or elsewhere in these Terms of Service shall be construed to limit the remedies available under statutory or other legal claims that the Company may have under any applicable law.
You understand and agree that termination of your LingoPRO Account is your sole right and remedy with respect to any dispute with the Company.
9.2 Indemnification
You agree to defend, indemnify, and hold harmless the Company from and against any and all claims, losses, damages, liabilities, deficiencies, judgments, assessments, fines, costs, and other expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Service or any breach by you of these Terms of Service.
You further agree to reimburse the Company upon demand for any losses, costs, and expenses incurred as a result thereof.
9.3 Term; Termination
These Terms of Service shall remain in effect until terminated as provided herein.
These Terms of Service and your rights to access, download, and use the Service are subject to immediate termination without notice if:
(a) you breach (or the Company reasonably suspects that you have breached) any provision of these Terms of Service; or
(b) the Company discontinues the distribution or support of the Service.
If such termination without notice is expressly prohibited by applicable law, such termination shall occur upon notice of the applicable breach.
Upon termination, you must immediately cease all use of the Service.
If the Company terminates these Terms of Service or suspends your LingoPRO Account for any of the reasons described herein, the Company shall not be liable to you, and the Company will not refund any amounts previously paid.
9.4 DISCLAIMERS; LIMITATION OF LIABILITY
9.4.1
YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AT YOUR SOLE RISK.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND BY THE COMPANY OR ITS PARTNERS, AS APPLICABLE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR RESULTS OF THE USE OF THE SERVICE IN TERMS OF PERFORMANCE, ACCURACY, RELIABILITY, SECURITY, TIMELINESS, OR OTHERWISE.
YOU AGREE NOT TO HOLD THE COMPANY OR ITS PARTNERS LIABLE FOR ANY DAMAGES RESULTING FROM YOUR ACCESS TO THE SERVICE (INCLUDING ANY SOFTWARE OR SYSTEMS USED TO ACCESS IT), INCLUDING BUT NOT LIMITED TO DAMAGE TO ANY COMPUTERS, SOFTWARE, SYSTEMS, OR REGISTERED PORTABLE DEVICES USED TO ACCESS THE SERVICE.
THERE IS NO WARRANTY THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY ANY PERSON SHALL CREATE ANY WARRANTY OF ANY KIND RELATED TO THE COMPANY OR ITS AFFILIATES.
9.4.2
THE COMPANY DOES NOT WARRANT THAT ANY PARTICULAR COMPUTER, CD/DVD PLAYER, CD/DVD RECORDER, OR REGISTERED PORTABLE DEVICE WILL BE COMPATIBLE WITH THE SERVICE.
IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR SYSTEMS WILL FUNCTION PROPERLY WITH THE SERVICE.
9.4.3
THE SERVICE MAY CONTAIN VIEWS, ADVICE, STATEMENTS, AND OPINIONS THAT REPRESENT THE VIEWS, ADVICE, STATEMENTS, AND OPINIONS OF INDIVIDUAL AUTHORS AND NOT NECESSARILY THOSE OF THE COMPANY OR ANY OF ITS PARTNERS.
THE COMPANY DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY VIEW, ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION PROVIDED BY SUCH AUTHORS.
SUCH VIEWS, ADVICE, STATEMENTS, OPINIONS, OR OTHER INFORMATION ARE SOLELY THOSE OF THE AUTHORS AND MAY NOT BE ATTRIBUTED TO THE COMPANY OR ITS PARTNERS.
YOU RELY UPON SUCH VIEWS, ADVICE, STATEMENTS, OPINIONS, OR OTHER INFORMATION AT YOUR OWN RISK.
THE COMPANY SHALL NOT BE LIABLE TO ANY PERSON FOR ANY INACCURACY, ERROR, OMISSION, INTERRUPTION, DELAY, INTELLECTUAL PROPERTY INFRINGEMENT, INCOMPLETENESS, DELETION, DEFECT, PERFORMANCE FAILURE, COMMUNICATION LINE FAILURE, ALTERATION, OR USE OF AUTHOR MATERIALS, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM.
THE COMPANY ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES OR VIRUSES THAT MAY DAMAGE YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY DUE TO YOUR ACCESS TO OR USE OF AUTHOR MATERIALS.
9.4.4
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES, LOST PROFITS, HOWEVER CAUSED, ARISING OUT OF OR RELATED TO THE SERVICE, THESE TERMS OF SERVICE, OR THE SUBJECT MATTER OF ANY OF THE FOREGOING, UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO:
(1) DAMAGES RESULTING FROM LOSS OF DATA, LOSS OF REVENUE, LOSS OF USE OF THE SERVICE AND ANY DOWNLOADS OR ASSOCIATED EQUIPMENT, DOWNTIME, AND USER TIME, EVEN IF THE COMPANY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND
(2) DAMAGES RESULTING FROM YOUR USE OF THE SERVICE IN VIOLATION OF THESE TERMS OF SERVICE, INCLUDING THE USAGE LIMITATIONS.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS AFFILIATES BE LIABLE FOR ANY UNAUTHORIZED USE OF ANY CONTENT OR ANY USE OF THE SERVICE TO DEVELOP, DISTRIBUTE, OR USE ANY MATERIAL THAT IS DEFAMATORY, LIBELOUS, OFFENSIVE, OR OBSCENE, THAT PORTRAYS ANY PERSON IN A FALSE LIGHT, THAT CONSTITUTES AN INVASION OF PRIVACY OR AN INFRINGEMENT OF PUBLICITY RIGHTS, THAT VIOLATES OR INFRINGES ANY THIRD-PARTY RIGHTS, OR THAT VIOLATES ANY FOREIGN, FEDERAL, STATE, OR LOCAL LAW OR REGULATION.
9.4.5
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SUCH EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
TO THE EXTENT THAT, IN ANY PARTICULAR SITUATION, ANY DISCLAIMER OR LIMITATION OF DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN INSTEAD OF SUCH PROVISION APPLYING IN THAT PARTICULAR CIRCUMSTANCE, THE COMPANY SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS OF DAMAGES AND LIABILITY AVAILABLE UNDER APPLICABLE LAW.
IN NO EVENT SHALL THE COMPANY’S TOTAL AGGREGATE LIABILITY EXCEED THE GREATER OF THE FEES PAID BY YOU DURING THE PREVIOUS 12 MONTHS OR US$10.
9.5 Entire Agreement and Severability
These Terms of Service, the Privacy Policy, Terms and Conditions of Purchase, and Payment Authorization (and any amendments or revisions made by the Company to any of these documents) together constitute the entire agreement between you and the Company regarding the subject matter herein and supersede all prior and contemporaneous agreements and understandings, whether written or oral.
Except as expressly provided herein, these Terms of Service may not be amended, modified, or supplemented except through a written instrument signed by an authorized executive of the Company.
If any provision of these Terms of Service is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall be interpreted so as to reasonably effect the intent of the parties.
Section headings are for reference purposes only and shall not define, limit, interpret, or describe the scope or extent of any section.
No waiver of any provision herein shall be deemed effective unless in writing and signed by an authorized executive of the Company.
These Terms of Service shall be binding upon and inure to the benefit of the successors and assigns of each party, provided that you may not assign or transfer these Terms of Service, in whole or in part, without the prior written consent of an authorized executive of the Company.
9.6 Subsequent Owner of the Service; Company Merger/Acquisition
By using the Service, you agree that the Company or one of its affiliated entities may, in the event of a merger, acquisition, sale of the Service, or sale of all or substantially all of the Company’s assets, assign its rights and obligations regarding the Service to the applicable subsequent owner or operator.
In the event of such merger, acquisition, or sale, your continued use of the Service signifies your agreement to be bound by the Terms of Service and Privacy Policy of the subsequent owner or operator of the Service.
9.7 Survival
The sections of these Terms of Service entitled “Indemnification,” “Limitation of Liability,” “Choice of Law and Jurisdiction,” “Fees and Billing,” “The Company’s Rights Regarding Your Submissions,” “Legal Remedies,” and “Disclaimers” shall survive termination.
10. Definitions
“Affiliates” means the Company and its direct and indirect parent companies, agents, employees, licensors, distributors, business partners, suppliers, and partners (and the directors, officers, and agents of each of the foregoing entities).
“LingoPRO Account” means a registered user account with the Service.
“LingoPRO Content” means the music, images, texts, and other materials that may be digitally obtained or accessed by you through the Service, whose content is owned by the Company or other licensors.
“Privacy Policy” means the Company’s Privacy Policy, a copy of which may be viewed by clicking the link at the bottom of the Service homepage, and which may be amended, modified, or revised from time to time by the Company, as provided in the terms of the Privacy Policy.
“Registration Information” means the information provided by you to the Company or the Service when registering for a LingoPRO Account and during any installation process required to use the Service (including a unique member name (username), password, and your valid email address).
11. Questions
If you have any questions or comments regarding these Terms of Service, please contact us using the phone number listed on our website or through one of the options available on the Learning Platform.
You may also write to us at any time by sending your message through the contact form on the website www.lingopro.com.br.
All rights not expressly granted herein are reserved.