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Welcome to
the MultilingualCenter1 service (the
"Service"). This document explains the terms and
conditions for using our Service (the
"Agreement"). By using our Service, you consent
to this Agreement and any new version of it posted since
your last visit. If the Agreement is not acceptable, then
please do not use our Service. This Agreement was last
updated on: .
YOUR ACCOUNT
& PASSWORD.
If you
register an account, you represent that you are at least 18
years old and that, to the best of your knowledge and
belief, your registration information is truthful, accurate
and complete. A user name and password will be assigned by
us or chosen by you. You are responsible for maintaining
the secrecy of your password and for activities occurring
under your account. Be sure to change your password
promptly and notify us if you believe your account is being
accessed by others. Each user must register separately. You
may not loan your user name and password to others. You may
not use another person's account without their
authorization.
ENHANCEMENTS
AND MODIFICATIONS
MultilingualCenter
reserves the right to modify or enhance the service,
course, and web site contents at its discretion at any time
and from time to time. The user of the service hereby
agrees with such enhancements and modifications and to
follow any additional procedures and instructions
associated with the proper use of such enhancements and
modifications.
USING OUR
CONTENT & SERVICE.
Our
Proprietary Rights.
Our Service may contain an assortment of information, data,
software, images, video clips, music, links, logos and
other material ("Content") that are the
copyright, trademark or other intellectual property of the
owners of this Service or third party suppliers. The
Content in this Service is copyrighted individually and as
a collective work. All rights are reserved. The name
"MultilingualCenter1"
and other names appearing herein are the trademarks or
registered trademarks of the Service or the respective
third party owners. You will ensure that all copyright,
trademark or other proprietary rights notices appearing on
any Content remain intact and legible. All licenses are
non-exclusive.
Linking
to Our Site. You may
not display our Content within a frame or border, or
"deep link" or harvest Content located below our
top-most URL. You will not link to our Service or Content
in a manner that suggests an endorsement or affiliation
between our sites. You will remove any link to our Service
that we find objectionable promptly upon request.
Reservation
of Rights. All
content, communications, software applications, digital
products, updates and features of this Service are
copyrighted by the Service, its owners, suppliers or other
third parties. We reserve all rights not specifically
granted to you. This means permission to use the Service
and related intellectual property rights will be narrowly
interpreted by a court in our favor. Except as specifically
authorized in this Agreement, you may not store, copy,
reproduce, adapt, reformat, create derivative works of,
transmit, disseminate, publicly display or perform any
copyrighted material from this Service. You may not reverse
engineer our Service or any software obtained from it to
discover its underlying design or inner workings (and you
will hold in confidence for our benefit alone anything
discovered in violation of this provision). If you infringe
our intellectual property rights or exceed the scope of
permitted use of this Agreement, you agree that we could be
irreparably injured and may obtain a court order without
necessity of posting bond to enjoin you from further
mischief.
Our
Online Product Catalog, Cancellation and Refund Policy.
Our online catalog offers information about tangible and/or
digital products available for sale or license. All product
information, descriptions and prices contained in our
online catalog are provided in good faith but
"AS-IS" and "AS-AVAILABLE." All orders
are subject to our approval and acceptable payment methods
or terms. Unless otherwise agreed, prices are payable in
U.S. dollars by major credit card, certified check or money
order. Prices and availability of items are subject to
change without notice. Prices published in the online
catalog may differ from manufacturer list prices and prices
or special offers published through other channels. Unless
otherwise noted, any price "savings" refer to
discounts from list price. We may limit sales to resellers
or other middlemen. Stocking levels and shipping times for
packaged goods are estimates and are subject to
contingencies that may be beyond our control. Prices do not
include shipping, taxes or insurance.
If
you are not satisfied after the first week of class (seven 7 calendar days), you can cancel and we will refund your money. Tangible products
purchased from our online catalog may be returned within
thirty (30) days for a complete refund. Any cancellation request shall be done in writing by email. The refund will be made in the original form of payment 5 working days after written request is received. Because of their
nature, we generally do not accept returns of downloadable
digital products. In cases where digital products are
accepted for return, and for packaged software products, we
may require you to sign a certification that all copies
have been destroyed. Shipping, handling and insurance
charges are not refundable.
YOUR CONTENT
& SUBMISSIONS.
Your
Public Messages. Our
Service includes certain interactive features that allow
users to post, transmit and receive messages or content to
discussion forums, newsgroups, chat areas, calendars or
other online channels ("Communications"). We do
not prescreen or editorially control Communications on our
Service. We reserve the right (but do not assume the
responsibility) to block or remove any Communications
brought to our attention which we consider in violation of
this Agreement or detrimental to the Service or to any
person.
Permission
to Publish. Our
Service does not claim ownership in the content of your
Communications. If you make Communications, you irrevocably
grant our Service (and any affiliates and sublicensees) the
worldwide, perpetual, royalty-free, sublicensable right and
license to store, copy, reproduce, adapt, reformat, create
derivative works of, transmit, disseminate, publicly
display and perform such Communications through the Service
and to make such incidental and additional uses as may be
needed to operate the Service and any affiliated sites
through any media or technology now known or hereafter
created. You irrevocably grant us the right to obtain a
copyright in the "thread" or compilation of
Communications on the Service generally, including your own
Communications.
Prohibited
Behavior. You will
not upload, store or disseminate any Content or make any
Communications which violate or infringe the intellectual
property or privacy rights of any person or which a
reasonable person would consider abusive, profane, hateful,
racially or ethnically offensive, which are defamatory or
harassing, or which violate or encourage others to violate
this Agreement or any applicable law. You will not upload
or transmit pornographic or obscene images or files, and
you will not impersonate our personnel or disrupt the
orderly operation of the Service. You will not use the
Service to violate any applicable law, including U.S. or
foreign securities laws or regulations. In order to protect
itself, the Service may without liability actively
cooperate with and furnish identifying and supporting
information to any person likely to be harmed or affected
by your violation of this Agreement and to any law
enforcement agency conducting an investigation. You also
agree not to make any Communication that encourages users
to terminate their use of the Service or to use a
competitor's service.
Anti-Spam
Restriction. You
will not use our Service to make any Communications which
are unsolicited bulk advertising or promotional messages
("spam"), so-called "chain letters,"
pyramid schemes, or make Communications of a promotional
nature other than through channels authorized by the
Service. You may not harvest email addresses or instant
messaging identifiers. Because the damage incurred by us in
connection with spam campaigns may be difficult to
ascertain, you agree to pay liquidated damages of $5 per
individual recipient of spam messages transmitted under
your account if you knowingly cause spam to be sent.
THIRD PARTY
LINKS AND ADVERTISERS.
Content,
goods or services may be offered by third parties through
hotlinks or advertisements contained on our Service or
through private-branded areas that are controlled by third
party providers. These are offered as a convenience to you.
We have no control over and do not endorse third party
content, goods or services. We act as a distributor and not
as a republisher of third party content and as an
advertising channel for third party goods and services.
Third party providers may change, add or discontinue their
content or offerings at any time without notice. They may
impose additional or different conditions on your use of
their content or services (please read any additional terms
that may be posted by such providers). WE DISCLAIM ALL
REPRESENTATIONS AND WARRANTIES REGARDING CONTENT, GOODS OR
SERVICES YOU OBTAIN FROM THIRD PARTY PROVIDERS. YOU WILL
LOOK SOLELY TO THE THIRD PARTY PROVIDER FOR ALL CLAIMS
REGARDING SUCH MATTERS.
SYSTEM
SECURITY.
We offer
secure web pages to collect certain kinds of information
from users and we store certain kinds of sensitive
information in encrypted form. We follow reasonable
technical and management practices to help protect the
confidentiality, security and integrity of data stored on
our system. While no computer system is completely secure,
we believe the measures implemented by our Service reduce
the likelihood of security problems to a level appropriate
to the type of data involved.
OUR PRIVACY
POLICY.
Our Privacy
Policy for this Site is posted at our main page. The terms
of that Policy, and any future amendments to it, are hereby
incorporated by reference in its entirety into this
Agreement and subject to these terms. Third parties
providing goods or services to you (including those
advertising or providing links on our Service) may have
privacy policies or practices that differ from our own.
Please check their sites' privacy disclosures for details.
WARRANTIES
& LIABILITIES.
Warranty
Disclaimer. THIS
SERVICE (INCLUDING ALL INFORMATION, CONTENT,
COMMUNICATIONS, FEATURES, PRODUCTS, SOFTWARE AND SERVICES)
MAY INCLUDE INACCURACIES, ERRORS AND DEFECTS AND IS
PROVIDED AS-IS AND AS-AVAILABLE WITHOUT WARRANTY OF ANY
KIND. ALL WARRANTIES, INCLUDING MERCHANTABILITY, QUALITY,
INTEGRATION, ACCURACY, WORKMANLIKE EFFORT, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT ARE
DISCLAIMED. THE SERVICE IS NOT RESPONSIBLE FOR UNAUTHORIZED
ACCESS TO OR DISRUPTION OF YOUR COMMUNICATIONS, CONTENT OR
TRANSACTIONS ENTERED INTO WITH THE SERVICE. THE SERVICE IS
NOT RESPONSIBLE FOR ANY HARASSING, DEFAMATORY, ILLEGAL OR
IMPROPER CONDUCT OR CONTENT OF THIRD PARTIES, OR FOR ANY
INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS BY THIRD
PARTIES.
No
Professional Relationship.
THIS SERVICE DOES NOT DISPENSE PROFESSIONAL SKILL, ADVICE
OR JUDGMENT OF A REGULATED OR PROFESSIONAL NATURE,
INCLUDING LEGAL, MEDICAL, ACCOUNTING, FINANCIAL OR OTHER
PROFESSIONAL CALLING. THE SERVICE DOES NOT PROVIDE
FINANCIAL SERVICES, REAL ESTATE BROKERAGE SERVICES,
SECURITY BROKERAGE SERVICES, HOME LENDING OR MORTGAGE
SERVICES. NOTHING IN THIS SERVICE ESTABLISHES A
PROFESSIONAL OR FIDUCIARY RELATIONSHIP WITH YOU. ALL
INFORMATION, CONTENT AND COMMUNICATIONS SHOULD BE
INDEPENDENTLY VERIFIED BY YOUR OWN PROFESSIONAL ADVISERS.
Limitation
of Liability. YOU
AGREE THIS SERVICE IS NOT LIABLE FOR ANY DIRECT DAMAGES
EXCEEDING THE AMOUNT, IF ANY, ACTUALLY PAID TO IT BY YOU
DURING THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE
TO YOUR CLAIM. IN NO EVENT IS THE SERVICE LIABLE WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE), FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST
SAVINGS, LOST PROFIT, LOST GOODWILL, LOST OR CORRUPTED DATA
OR BUSINESS INTERRUPTION) EVEN IF NOTIFIED IN ADVANCE OF
SUCH POSSIBILITY. THIS LIMITATION IS A MATERIAL CONDITION
TO THIS AGREEMENT, IS COMMERCIALLY REASONABLE AND HAS BEEN
FACTORED INTO THE AGREEMENT AS A WHOLE. SOME STATES OR
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
FOREGOING LIMITATION MAY NOT APPLY TO YOU.
Indemnification.
You agree to defend, indemnify and hold harmless the
Service and its officers, directors, owners, agents,
employees, advisers and consultants, from and against any
claims, actions, demands, liability, damages (including
legal and professional fees) asserted by any third party
and arising from your use of the Service, your conduct,
content, communications, alleged infringement of third
party intellectual property or privacy rights, or violation
of this Agreement.
Limitation
of Remedies. You
agree that if the Service breaches this Agreement, your
sole and exclusive remedy will be to terminate this
Agreement and your relationship with the Service. This
applies regardless of whether the remedy fails of its
essential purpose.
Protected
Parties. THE
WARRANTY DISCLAIMERS, LIABILITY LIMITS, INDEMNITIES AND
RESERVATION OF RIGHTS CONTAINED IN THIS AGREEMENT PROTECT
THE SERVICE, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS,
CONSULTANTS, ADVISERS, EMPLOYEES, AFFILIATES, ADVERTISERS,
DISTRIBUTORS, RESELLERS, SUPPLIERS, PUBLISHERS AND
PROMOTERS.
FORCE
MAJEURE.
The Service
is not responsible for any delay or failure in performance
of the Service in whole or in part for Acts of God, Force
Majeure, and/or any reason including, without limitation:
fires, floods, storms, earthquakes, civil or labor
disturbances, disruption of telecommunications,
transportation, utilities, services or supplies,
governmental action, computer viruses, corruption of data,
hacker attack, incompatible or defective equipment,
software or services or otherwise. Nothing herein enlarges
any warranty or diminishes any disclaimer under this
Agreement.
INJUNCTIVE
RELIEF.
If you
violate or exceed the scope of this Agreement or infringe
our proprietary rights, you agree we would be irreparably
harmed and may (in addition to other relief and without
having to post bond) obtain a court order enjoining your
from further mischief.
GOVERNING
LAW.
THIS
AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE
WITH THE SUBSTANTIVE LAWS OF ARIZONA (USA), WITHOUT REGARD
TO CONFLICTS OF LAW PRINCIPLES. YOU AGREE TO INITIATE AND
MAINTAIN ANY LEGAL ACTION IN SUCH DESIGNATED STATE/LOCALE
AND IRREVOCABLY CONSENT TO EXCLUSIVE PERSONAL JURISDICTION
AND VENUE THEREIN. YOU ARE RESPONSIBLE FOR COMPLYING WITH
YOUR OWN LOCAL LAWS, WHICH MAY VARY WITH RESPECT TO CERTAIN
ACTIVITIES OR PEOPLE (e.g., MINORS). You agree that U.S.
District Courts can hear cases involving copyright issues
between us. Since we make no warranties and have limited
our liabilities, you should have little reason to have a
grievance with us. Should you nevertheless bring legal
action against us, you irrevocably agree it will be brought
and maintained within one (1) year after the claim arises
or be barred. As disincentive for unwarranted litigation,
you agree that if you sue us and don't win on the merits,
you will pay our defense costs, including reasonable legal
fees for in-house and outside counsel. If we are required
to enforce this Agreement or our rights, you agree it is
reasonable to send you legal notices and papers by
electronic mail at your stated address (we would also
attempt to send you a backup copy by regular mail).
TECHNOLOGY
& DATA TRANSFER.
Technology
Transfer. The
transport of technology, technical data and information
across national boundaries is regulated by the U.S. and
certain foreign governments. You agree not to directly or
indirectly export or re-export any information, software or
technology obtained from or through the Service that
requires an export license or governmental approval without
first obtaining that license or approval. This provision
will survive termination of our Agreement.
European
Union Residents. If
you reside in the European Union (EU) or if any transfer of
information between you and our Service is governed by the
European Union Data Protection Directive or nationals laws
implementing that Directive, then you consent to the
transfer of such information outside of the European Union
to your country and to such other countries as may be
contemplated by the features and activities provided by the
Service.
U.S.
GOVERNMENT RESTRICTED RIGHTS.
To the
extent used by U.S. government personnel: this is a
computer data base that constitutes restricted computer
software and is provided with RESTRICTED RIGHTS. Use,
duplication or disclosure by the Government is subject to
restrictions as set forth in the Commercial Computer
Software clause at DFARS 227.7202-3 or subparagraphs (c)(1)
and (2) of the Commercial Computer Software- Restricted
Rights clause at 48 CFR 52.227-19, as applicable.
Contractor is MultiLingual Center, 3165 S. Alma School Rd.#29-150
RELATIONSHIP
OF PARTIES.
There are no
third party beneficiaries of this Agreement. The parties
are independent to one another and are not related by
franchise, partnership, employment, joint venture or
otherwise. This Service is not a party to any transaction
between you and any third party advertisers or suppliers.
You will look solely to the third party for all claims
regarding their goods, services or information.
RIGHT TO
RELY ON INSTRUCTIONS.
The Service
may act in reliance upon any instruction, information,
document, filing, name, email address or user password that
meets the Service's automated criteria or which is believed
by the Service's personnel to be genuine. For any password
protected areas, the Service may assume a person entering a
user name address and associated password is, in fact, that
user or is authorized by that user to act on its behalf.
The Service may assume the latest email addresses and
registration information on file with the Service are
accurate and current. When programmed to do so, the Service
may take prescribed actions in the absence of receiving
proper and complete contrary instructions.
CHANGES TO
SERVICE.
We reserve
the right to modify, change or discontinue the Service or
any feature at any time without notice. You agree that the
Service is not liable to you or to any third party as a
result of any such action. We invite users to make
suggestions for ways that the Service can be improved. If
you make a suggestion, you authorize us to use the idea and
to publish your name in connection with the submission. We
do not pay compensation for using submissions.
TERMINATION.
Either party
may terminate this Agreement in their sole discretion, at
any time with or without cause and regardless of the stated
registration period otherwise applicable. We reserve the
right to suspend or terminate operation of this Service, or
any feature of this Service, at any time upon notice.
Protections afforded to us and to third parties by this
Agreement will survive termination. If this Agreement is
suspended or terminated as a result of unauthorized use or
infringement of rights to Content obtained from the System,
you agree that upon request, you will destroy all copies of
such Content in your possession or under your control.
NOTICE TO
CALIFORNIA RESIDENTS.
Under
California Civil Code Section 1789.3, California residents
are entitled to the following specific consumer rights
information.
Pricing
Information: Current
rates for using the Service may be obtained by calling
(480) 782-6199. The Service reserves the right to change
fees, surcharges or to institute new fees at any time, as
provided in this Agreement.
Complaints:
The Complaint Assistance Unit of the Division of Consumer
Services of the California Department of Consumer Affairs
may be contacted in writing at 1020 North Street, Suite
501, Sacramento, CA 95814, or by telephone at (916)
445-1254.
MISCELLANEOUS.
This
document reflects our entire and exclusive agreement and
supersedes all other agreements regarding this subject
matter, whether written or verbal. We reserve the right to
change this Agreement at any time by posting a new version
on the Service. Your continued use of this Service after
the effective date of such amendment will constitute your
acceptance of it. Any other amendment to this Agreement
shall be in a pen-and-ink signed writing, regardless of any
course of conduct or trade practice between us. This
electronic document or a hardcopy duplicate in good form
shall be considered an original document admissible into
evidence unless the document's authenticity is genuinely
placed in question. We reserve the right to assign this
Agreement or delegate responsibility to any third party,
including a party acquiring any of our operating assets or
ownership interests. All licenses or permissions granted to
you by this Agreement are personal in nature and may not be
assigned, sublicensed or otherwise transferred and any
attempt to the contrary is void. Any provision of this
Agreement found by a court to be illegal or unenforceable
shall automatically be deemed conformed to the minimum
requirements of law and shall thereupon be given full force
and effect as so modified. Waiver of a provision in one
instance shall not preclude our enforcement of it on future
occasions. Headings are for reference purposes only and
have no substantive effect.
NOTICE OF
COPYRIGHT INFRINGEMENT PROCEDURES.
If you
believe content on our Service infringes your copyrighted
work and you want the Service to take down the
offending material, you will need to complete the following
Notice of Copyright Infringement and mail or fax it to our
Registered Agent (do not use this procedure for any other
kind of communication):
Mail
or Fax it to us:
Ada
Gutierrez
MultiLingual
Center
3165
S. Alma School Rd.,Suite 29-150
Chandler,
AZ 85248-3762
Fax
it to: 480-782-6199
of Copyright
Infringement
I certify
under the penalty of perjury that I own or am authorized to
act on behalf of the owner of the copyrighted work
identified below. I believe in good faith that the
copyrighted work has been used on your Service without
authorization by the owner, its agents or according to law.
I ask that you remove or block access to the infringing
material.
Name of
Copyright Owner:
Description
of Copyrighted Work:
Description
of Infringing Material:
Location of
Infringing Material:
I can be
contacted as follows:
My Name:
My Title:
Company:
Address:
Address:
Telephone:
Fax:
Email:
I certify
under the penalties of perjury that the foregoing is true
and correct to the best of my information, knowledge and
belief.
Signed:
Date:
Copyright © 2002
MultilingualCenter. All Rights Reserved
Use of this Web
site constitutes acceptance of MultilingualCenter's Terms
of Service
and Privacy
Policy.Privacy
Policy.
1 MultilingualCenter
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