1. Introduction

Welcome to Mylinguist Language Tutorial Services (“Company”, “we”, “our”, “us”)!

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These Terms of Service (“Terms”, “Terms of Service”) govern your use of our website located at mylinguist.io (together or individually “Service”) operated by Mylinguist Language Tutorial Services.

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The terms ("You", "your") regards  and defines any user(s), individual(s), interested in, currently using, or having used our Service.

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Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard, and disclose information that results from your use of our web pages.

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Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound by them.

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If you do not agree with, or cannot comply with Agreements, then you may not use the Service, but please let us know by emailing lessons@mylinguist.io so we can try to find a solution. These Terms apply to all visitors, users, and others who wish to access or use Service.

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2. Communications

By using our Service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing lessons@mylinguist.io

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3. Purchases

If you wish to purchase any services or subscriptions, you may be asked to supply certain information relevant to your Purchase including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.

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You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct, and complete.

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We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

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We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: service availability, errors in the description or price of the service, errors in your Purchase, or other reasons.

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We reserve the right to refuse or cancel your Purchase if fraud or any unauthorized or illegal transaction is suspected.

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4. Contests and Promotions

Any contests or promotions (collectively, “Promotions”) may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules, as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.

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5. Subscriptions

Some parts of Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles will be set depending on the type of subscription plan you select when purchasing a Subscription.

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At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions, unless you cancel it or Mylinguist Language Tutorial Services cancels it. You may cancel your Subscription renewal either through your account management page or by contacting our customer support team at lessons@mylinguist.io.

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A valid payment method is required to process the payment for your subscription. You shall provide Mylinguist Language Tutorial Services with accurate and complete billing information that may include, but not limited to: full name, address, state, postal or zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize Mylinguist Language Tutorial Services to charge all Subscription fees incurred through your account to any such payment instruments.

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Should automatic billing fail to occur for any reason, Mylinguist Language Tutorial Services reserves the right to terminate your access to the Service immediately.

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6. Free Trial

Mylinguist Language Tutorial Services may, at its sole discretion, offer a Service with a free trial for a limited period of time ("Free Trial").

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You may be required to enter your billing information in order to sign up for Free Trial.

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If you enter your billing information when signing up for Free Trial, you will not be charged by Mylinguist Language Tutorial Services until Free Trial has expired. On the last day of the Free Trial period, unless you canceled the Service, you will be automatically charged the applicable fees for the type of Service you have selected.

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At any time and without notice, Mylinguist Language Tutorial Services reserves the right to (i) modify Terms of Service of Free Trial offer, or (ii) cancel such Free Trial offer.

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7. Fee Changes

Mylinguist Language Tutorial Services, in its sole discretion and at any time, may modify fees for the Services and Subscriptions. Any fee change will become effective at the end of the then-current Billing Cycle.

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Mylinguist Language Tutorial Services will provide you with reasonable prior notice of any change in fees to give you an opportunity to terminate your Purchase or Subscription before such change comes into effect.

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Your continued use of Service after a fee change comes into effect constitutes your agreement to pay the modified Service or Subscription fee amount.

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8. Refunds

Mylinguist Language Tutorial Services does not issue any refunds once payment of Services or Subscriptions has been made. However, unused Services are transferable.

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9. Accounts

When you create an account with us, you are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

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You may not use as a username the name of an entity that is not lawfully available for use, a name or trademark that is subject to any rights of another person, or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

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10. Intellectual Property

Service and its original content (excluding content or information provided by users), features and functionality are and will remain the exclusive property of Mylinguist Language Tutorial Services and its licensors. Service is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of Mylinguist Language Tutorial Services.

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11. Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

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If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to lessons@mylinguist.io, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”.

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You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.

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12. Error Reporting and Feedback

You may provide us with feedback directly at lessons@mylinguist.io or via third party sites and tools with information concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire, or assert any intellectual property right or other right, title, or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute, and commercialize) Feedback in any manner and for any purpose.

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13. Links To Other Websites

Our Service may contain links to third party websites or services that are not owned or controlled by Mylinguist Language Tutorial Services.

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Mylinguist Language Tutorial Services has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

 

YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEBSITES OR SERVICES.

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WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEBSITES OR SERVICES THAT YOU VISIT.

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14. Disclaimer Of Warranty

THESE SERVICES ARE PROVIDED BY MYLINGUIST LANGUAGE TUTORIAL SERVICES ON AN “AS IS'' AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OBTAINED FROM US IS AT YOUR SOLE RISK.

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NEITHER THE COMPANY, NOR ANY PERSON ASSOCIATED WITH COMPANY, MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY, NOR ANYONE ASSOCIATED WITH COMPANY, REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

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COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

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15. Limitation Of Liability

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR DAMAGES ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

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16. Termination

We may terminate or suspend your account and bar access to our Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

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If you wish to terminate your account, you may simply discontinue using Service.

All provisions of Terms, which by their nature should survive termination, shall survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

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17. Governing Law

These Terms shall be governed and construed in accordance with the laws of the Philippines, which governing law applies to agreement without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we may have had between us regarding Service.

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18. Changes To Service

We reserve the right to withdraw or amend our Service and any service or material we provide, in our sole discretion without notice. We will not be liable if for any reason, all or any part of Service is unavailable at any time, or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

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19. Amendments To Terms

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

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Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you.

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By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

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20. Waiver And Severability

No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition, or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

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21. Acknowledgement

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

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22. Contact Us

Please send your feedback, comments, requests for technical support by email to: lessons@mylinguist.io.

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