1. Introduction.
Thank you for reviewing our Terms and Conditions of Use Agreement (hereinafter the “Agreement”) for Speak German Daily which operates a web site accessible through www.TimeToBenefityou.com (referred to as “We,” “Us,” or “the Site”). The Site is owned and operated by Speak German Daily DBA. This Agreement applies to persons who visit, purchase from, or otherwise use Speak German Daily (“Users”). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access Speak German Daily.
2. About Speak German Daily.
Speak German Daily.com is a web site focused on providing quality information, education, and e-books regarding language education. We offer digital products for sale through Speak German Daily. A “digital product” refers to any audio, video or online training/learning content purchased from Speak German Daily.
3. Availability and Eligibility.
The Site is available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Site is not available to children (persons under the age of 18). The Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. By offering the Site no distribution or solicitation is made by Speak German Daily to any person to use the Site in jurisdictions where the provision of such site or services is prohibited by law. Competitors are not authorized to access or use the Site without express, written permission from us in advance of such access. If you do not qualify, please do not use our Site.
4. User’s Responsibilities and Acknowledgements.
As a Speak German Daily User you are obligated to read this Agreement and our Privacy Policy before you utilize our Site, purchase anything from us, or provide any information to us. You agree to read and be bound to the terms of this Agreement and those of our Privacy Policy and other policies we have now or may adopt in the future. You acknowledge and agree that we do not offer legal, professional, or financial advice. The Site is provided for informational purposes only.
5. Purchases and Return, Refund or Cancellation Policy.
If you choose to purchase a digital product that we offer for sale through the Site, we will collect information from you, including credit card information, needed to process your transaction and will charge your credit card accordingly. A “digital product” refers to any audio, video or online training/learning content purchased from Speak German Daily. For digital products, we have a strict NO RETURN, REFUND OR CANCELLATION policy. Speak German Daily reserves the right to change its fees or billing methods at any time. We will provide timely notice to the affected Users of any such changes. You agree that all payment information provided by you to Speak German Daily is accurate, including but not limited to your credit card number, billing address, and credit card expiration date. For more explicit details, please see our Return, Refund or Cancellation Policy.
6. Restricted Activities.
You are prohibited from any use of the Site or its content that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Your information provided to us and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent; (c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation; (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) contain any viruses, Trojan horses, or the like, or other computer programming routines that may damage or interfere with the Site; and (g) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers. You may not copy, reproduce, modify, create derivative works from, distribute or publicly display any Speak German Daily content without the prior express written permission of Speak German Daily. You may not consummate any transaction on the Site, or that was initiated using the Site, that could cause us to violate any applicable law, statute, ordinance or regulation.
7. Breach.
Without limiting other remedies, we may limit your activity, issue a warning, temporarily suspend, indefinitely suspend or refuse to provide our services to you if, within our sole and independent judgment: (a) you breach, or we anticipate that you are about to breach, this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe in our sole opinion that your actions may cause financial loss or legal liability for you, our Users or us. We can also terminate this Agreement at any time, with or without cause. If you violate or otherwise breach this Agreement, Speak German Daily will not issue any refunds of any amount to you.
8. Privacy.
We only use your information as described in our Privacy Policy. Our current Privacy Policy is available at http://www.timetobenefityou.com. We may change the Privacy Policy in the future. You should check the Privacy Policy frequently for changes.
9. Third Party Providers and Links to Third Party Sites.
The services of Speak German Daily are frequently provided by consultants who are self-employed, employed by third parties, or otherwise not subject to our direct oversight and control. While we endeavor to insure that these consultants have the necessary background and experience to render sound advice, we do not guarantee such advice and are not liable for any damages that may result from the use or inability to use such advice. There may be links established between this Site and other sites on the World Wide Web and Internet that are not under the control of, or maintained by, Speak German Daily. Such links do not necessarily constitute an endorsement by Speak German Daily of those sites. Speak German Daily undertakes no obligation to monitor such sites, and you agree that Speak German Daily is not responsible for the content of such sites or any technical or other problems associated with any such third-party sites, links or usage.
10. Intellectual Property.
Speak German Daily contains intellectual property that is protected by the laws of the United States as well as international law. You may not publish, re-transmit, distribute, or otherwise make unauthorized use of the material on the Site except as permitted under the applicable laws.
11. DMCA Policy
Speak German Daily takes claims of copyright infringement very seriously. Our policy for handling claims of infringement is to have our designated agent review and respond to notices of infringement when a DMCA compliant notice is provided to us. In accordance with the Digital Millennium Copyright Act (“DMCA”), Speak German Daily has designated an agent to receive notification of alleged copyright infringement occurring on the Site. If you believe that your copyrighted work is being infringed, notify the designated agent specified below:
Speak German Daily
Attn: DMCA Designated Agent
617 Carroll Drive
Garland, TX 75041, USA
Info@SpeakGermanDaily.com
The Digital Millennium Copyright Act requires that all infringement claims must be in writing and must include the following information:
- A description of the copyrighted work claimed to have been infringed;
- A description of the infringing material and information reasonably sufficient to permit Speak German Daily to locate the material;
- Your contact information, including your mailing address, telephone number, and email address;
- A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner; and
- A physical or electronic signature of the copyright owner or the person authorized to act on its behalf.
12. Email Policy.
Please be advised that if you provide us with your email address, you have expressly granted us the right to contact you via email. You may opt out of receiving future emails by following the instructions at the bottom of each Speak German Daily email message.
13. Disclaimer of Warranties.
WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS PROVIDE OUR WEBSITES, PRODUCTS, AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.IN ADDITION, WE SPECIFICALLY DISCLAIM ALL WARRANTIES THAT THE SITES, PRODUCTS, OR SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; WILL BE ACCURATE, ADEQUATE, RELIABLE, COMPLETE, AND WE DISCLAIM THE USEFULNESS OF ANY OF THE CONTENT. WE DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT; ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF Speak German Daily. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Speak German Daily DISCLAIMS ANY AND ALL SUCH WARRANTIES.
14. Limitation of Liability.
IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER ARISING, INCLUDING NEGLIGENCE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND/OR YOUR USE OF THE WEBSITE. OUR LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF A) THE AMOUNT OF MONEY YOU PAY TO US IN ANY ONE YEAR OR B) $100. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT Speak German Daily’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
15. Indemnity.
You agree to indemnify and hold us and our officers, directors, agents, employees, contractors and suppliers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party, including but not limited to any claim arising out of your violation of this Agreement or your use of the Site in violation of this Agreement or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. Speak German Daily reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of Speak German Daily. You further agree to indemnify and hold harmless Speak German Daily from any claim arising from a third party’s use of information or materials of any kind that you post to the Site.
16. Dispute Resolution.
You agree that any controversy or claim arising out of or relating to this Agreement and/or your use of the website, except for matters exclusively between registered or authorized users and not involving Speak German Daily, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted exclusively in Plano, Texas, and the judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or Speak German Daily may seek any interim or preliminary relief exclusively from a court of competent jurisdiction in Plano, Collin County, Texas, necessary to protect the rights or property of you or Speak German Daily pending the completion of arbitration. Each party shall bear one half of the arbitration fees and costs incurred, and each party shall bear its own lawyer fees.
17. Licenses.
Speak German Daily grants a limited license to each participant to make personal use only of the Site in accordance with this Agreement. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Site, making any derivative of the Site, the collection and use of User e-mail addresses or other User information, or any data extraction or data mining whatsoever. You agree that you will not compile, reproduce, republish or resell for any commercial purpose any information on our Site and not use any device, software or routine that may interfere with the operation of the Site.
18. Waiver.
Failure by Speak German Daily to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.
19. Right to Change this Agreement.
Speak German Daily reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole and independent discretion. Any changes will be effective upon the posting of the changes on the Site. You are responsible for reviewing the changes. Changes to referenced policies and guidelines may be posted without notice to you. Your continued use of this Site and the Services following Speak German Daily’s posting of any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to this Agreement, do not continue to use the Services or this Site.
20. General Provisions.
This is the entire Agreement governing the use of Speak German Daily. No delay by either party shall waive rights under this Agreement. This Agreement is governed by, and to be construed in accordance with, the laws of the State of Texas, without regard to that state’s conflict of laws provisions. By using the Site you expressly agree that personal jurisdiction and venue are proper exclusively in the state and federal courts located in the State of Texas. No waiver of any breach of this Agreement shall be a waiver of any other provision of this Agreement, and no waiver shall be valid unless in writing signed by the parties. If any provision of this Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intention of Speak German Daily in accordance with applicable law and the remainder of the Agreement shall remain in full force.
21. Contact Speak German Daily.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Speak German Daily, 617 Carroll Drive, Garland, TX, 75041, USA. You agree that you will notify Speak German Daily in writing of any claim or dispute concerning or relating to the Site and the information or services provided through it and give Speak German Daily a reasonable period of time to address it before bringing any arbitration or legal action.