This agreement (“agreement”) is a legal and binding agreement between you, as the member, and Flow Learning Design and the site content creators (“Anywhere ESL”). Please read this agreement carefully prior to using Anywhere ESL (the “service”). By registering for the service, you are consenting to become a party to this agreement and agreeing to be bound by the terms and conditions herein. If you do not accept and agree to all the terms and conditions of this agreement, please do not continue the registration process.
1. ENROLLMENT IN THE SERVICE
Anywhere ESL provides a personal and social learning platform. The forum consists of a program whereby, for a fee and subject to certain limitations as described herein, you are granted limited access to online information, discussion groups and Anywhere ESL facilitators. In order to use the service, you must obtain access to the internet and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the internet. You must be at least 18 years of age to enroll.
We may modify any of the terms and conditions contained in this Agreement at any time in our sole discretion. You will be notified by email where reasonably possible and a change notice will be posted at https://anywhereesl.com/. If any modification is unacceptable to you, you agree that your only recourse is to terminate this Agreement. Your continued use of the service following our posting of a change notice or new agreement on https://anywhereesl.com/ will constitute your binding acceptance of the change.
3. YOUR REGISTRATION OBLIGATIONS
You agree to provide true, accurate, current and complete information about yourself as prompted by the service registration process (such information being the “Registration Data”). Once you make your purchase, you shall enter or receive a password and an account. You are solely and entirely responsible for maintaining the confidentiality of your password. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the service cannot be guaranteed.
5. TECHNOLOGICAL AND USE LIMITATIONS
5.1 Anywhere ESL will make reasonable efforts to keep the Anywhere ESL WEBSITE operational. However, certain technical difficulties or routine site maintenance or upgrades may, from time to time, result in temporary service interruptions. Anywhere ESL also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions of the service with or without notice. You agree that Anywhere ESL shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the service.
5.2 Copying or reproduction of the content to any other server or location for further reproduction or redistribution is expressly prohibited. Anywhere ESL reserves the right to immediately and permanently terminate your access to the service if Anywhere ESL believes that you are violating such limitation.
6. TERM, FEES AND PAYMENTS
6.1 By registering for the service, you agree to pay the applicable rate when charged.
6.2 The fee for use of the service will be charged to the credit card you designated during the service registration process or charged to you by PayPal payment services. You agree to pay all fees and charges incurred in connection with your unique ID and password for the service (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are nonrefundable. If you want to designate a different credit card or there is a change in credit card validity or expiration date, or if you believe someone has accessed the service using your ID and password without your authorization, you must contact chris @ anywhereesl.com
6.3 You agree to pay Anywhere ESL all reasonable attorney’s fees and costs incurred by Anywhere ESL to collect any past due amounts. Your account may be deactivated without further notice if payment is past due, regardless of the dollar amount. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your service account.
6.4 You are responsible for paying any governmental taxes imposed on your use of the service, including, but not limited to, sales, use or value-added taxes. You are solely responsible for arranging payment for any and all additional or premium charges for your use of any third party services via the service.
6.5 Anywhere ESL reserves the right, at any time, to change its fees and billing methods. Anywhere ESL may provide notice of billing changes via email or by on-line posting AT www.anywhereesl.com. If any such change is unacceptable to you, you may terminate your program, as provided in Section 7 below. Your continued use of the service following the effective date of a change to such fees and billing methods shall constitute your acceptance of such change.
7.1 You agree that Anywhere ESL, in its sole discretion, may terminate your ID, password, account (or any part thereof) or use of the service for any reason, including, without limitation, if Anywhere ESL believes that you have violated or acted inconsistently with the letter or spirit of the Agreement. Anywhere ESL may also in its sole discretion and at any time discontinue providing the service, or any part thereof, with or without notice. You agree that any termination of your access to the service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Anywhere ESL may immediately deactivate or delete your account and/or bar any further access to the service. Further, you agree that Anywhere ESL shall not be liable to you or any third-party for any termination of your access to the service.
7.2 You may terminate this Agreement and your subscription to the service at any time subject to the guarantee conditions. These conditions state that you must have completed the program within the 30 days of the course, and turn in your completed workbook and business plan.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 Only you may access the service using your ID and password, unless otherwise agreed to in writing by Anywhere ESL. The content available through the service is the property of Flow Learning Design and the site content creators and is protected by copyright and other intellectual property laws. Content received through the service is for your own use only. You agree not to reproduce, retransmit, distribute, disseminate, sell, make available to third parties or circulate the content received through the service to anyone or to exploit any such content for commercial or noncommercial purposes not intended by this Agreement without the express prior written consent of Anywhere ESL. You agree to indemnify and hold harmless Anywhere ESL for your failure to comply with this Section 8.1.
8.2 You acknowledge that Anywhere ESL retains exclusive ownership of the service and all intellectual property rights associated therewith. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the service or its contents, and Anywhere ESL reserves all rights not expressly granted hereunder. You shall promptly notify Anywhere ESL in writing upon your discovery of any unauthorized use or infringement of the service (or its contents) or Anywhere ESL it’s patent, copyright, trade secret, trademarks or other intellectual property rights. The service contains proprietary and confidential information that is protected by copyright laws and international treaty provisions.
9. DISCLAIMER OF WARRANTIES
You expressly agree that use of the service is at your sole risk. The service is provided on an “as is” and an “as available” basis. Anywhere ESL does not make, and hereby disclaims, any representations or warranties regarding the service, Anywhere ESL website and the products and services offered through Anywhere ESL’s services or products or any portion thereof, express, implied or statutory, including (without limitation) implied warranties of merchantability, fitness for a particular purpose, non-infringement of third party rights and the suitability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, products and related graphics contained within Anywhere ESL’s website, services or products.
10. LIMITATION OF LIABILITY
You hereby agree that we will not be liable for indirect, special or consequential damages or any loss of revenue, profits or data arising in connection with this agreement or the service, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this agreement and the service will not exceed the total fees paid by you under this agreement.
This Agreement is governed by the laws of the Province of BC in Canada, without regard to its conflicts of law provisions; and you hereby consent to the jurisdiction of the courts located in the province and country in all disputes arising out of or relating to the service. In addition, you hereby consent to the exclusive jurisdiction of and venue in such courts for any action commenced by you against us (or our affiliates). Use of the service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section 11. You shall not use the service in any manner contrary to local, provincial or federal law. Anywhere ESL expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) by you and reserves the right to terminate your service immediately upon notice for your failure to comply with any such local, provincial or federal law. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the service or information provided to or gathered by us with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. This Agreement constitutes the entire agreement between you and us with respect to the service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the service. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
We do not share your personal data. Anywhere ESL gathers certain types of information about the people who download and use the our service. The following policy explains what information is captured, how it is handled and how to change it. The policy is subject to change from time to time so please check back periodically. By accessing or using this site, you acknowledge and agree to the disclaimers, terms and conditions set forth below. If you do not agree, please do not use this site. Please read the following carefully.
GATHERED AND TRACKED INFORMATION
Registration and Tracking Information
Anywhere ESL gathers data that members provide through voluntary registrations on our site and aggregate tracking information derived mainly by tallying page views throughout our sites and clicks on or via our newsletters or advertisements. Such information enables us to better tailor our content to customer needs and to help us to better understand the demographics of our members.
Anywhere ESL may from time to time conduct member surveys to better target our content to our members. While Anywhere ESL will share the aggregated responses and demographic information in these surveys with labels and partners, Anywhere ESL will not release any personally identifiable information relating to any customer.
On occasion, Anywhere ESL uses a counter to track member traffic patterns on our web site. A counter provides no member identifiable data but allows Anywhere ESL to count which pages have been viewed. Anywhere ESL does not aggregate or track personally identifiable information when using a counter, only usage patterns. This information is collected for internal marketing and sales efforts. The data is also used to predict responses to advertisements, to help determine which ads perform best and which content is most appropriate for different members.
Cookies and Tracking Pixels
USE OF INFORMATION: Anywhere ESL uses the information voluntarily given by our members to enhance their experience on our site to better prepare future content based on the interests of our members. Anywhere ESL may also use the aggregated information to attract additional labels and advertisers. We use tracking information to determine which areas of our sites members like and don’t like based on traffic to those areas. Anywhere ESL does not track what individual members read, but rather how well each page performs overall. This helps us continue to build a better service for you.
SHARING OF INFORMATION: Anywhere ESL uses the above-described information to tailor our content to suit your needs and help our music labels and advertisers better understand our customer’s demographics. Anywhere ESL will not release any personally identifiable information relating to any customer.
CHILDREN PRIVACY: Registrants of Anywhere ESL service must be over the age of 18. Anywhere ESL’s web sites, products, and services are not developed for or directed at children. If you believe your child has provided Anywhere ESL with personally identifiable data, or registered at Anywhere ESL web site, and you would like to have them removed, please contact chris @ anywhereesl.com.
LEGAL TERMS AND CONDITIONS
COPYRIGHTS: All materials incorporated in or accessible through this site, including without limitation, text, photographs, images, graphics, illustrations, logos, button icons, audio clips, video clips, software, and other content, and the compilation, collection, arrangement, and assembly thereof (including the look and feel of this site are protected by Canadian and international copyright laws, and are owned or controlled by Flow Learning Design or by the original creators of such materials or their respective assignees. Any copying, reproduction, modification, sale, distribution, transmission, republication, downloading, display, posting, performance, or other exploitation thereof by any means or medium without express authorization of Anywhere ESL or other copyright owner is strictly prohibited. In the event of any permitted use of such materials, including without limitation, any copying, reproduction, distribution, republication, downloading, or display thereof, you will make no changes in or deletion of author attribution, trademark legend, or copyright notice. No right, title, or interest in any such materials will be granted or transferred to you as a result of any permitted use of such materials.
TRADEMARKS: “Anywhere ESL” and the Anywhere ESL logo and “www.anywhereesl.com” and the Anywhere ESL logo and all other graphics, logos, trade names and service names incorporated in this site are trademarks or registered trademarks of their respective owners, and are protected by Canadian and international trademark laws. None of such trademarks may be used in connection with any product or service other than in association with Anywhere ESL or the respective owners of the tradenames or trademarks in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Anywhere ESL.
Disclaimer of warranties and limitation of liability: you expressly agree that use of the service is at your sole risk. The service is provided on an “as is” and an “as available” basis Anywhere ESL does not make, and hereby disclaims, any representations or warranties regarding the service, Anywhere ESL’s website and the products and services offered through the Anywhere ESL website or any portion thereof, express, implied or statutory, including (without limitation) implied warranties of merchantability, fitness for a particular purpose, non-infringement of third party rights and the suitability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, products and related graphics contained within Anywhere ESL website, service or products.
You hereby agree that we will not be liable for indirect, special or consequential damages or any loss of revenue, profits or data arising in connection with this agreement or the service, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this agreement and the service will not exceed the total fees paid by you under this agreement. You assume the entire cost of all necessary maintenance, repair, or correction resulting from your access to or use of this site or any third-party site accessed through this site.
REFUND POLICY: Our money back-guarantee must be claimed within 30 days of purchasing any content or service on Anywhere ESL. Anywhere ESL reserves the right to terminate the membership of a customer who abuses the policy. Defense of such claims must be accompanied by a complete telling of the violation by the terminator, which will be shared with the terminated for a full and open rebuttal. Final judgment in such cases lies with Anywhere ESL and the proper local, provincial, federal and international authorities. Such cases shall be handled in no less than one month, but no longer than three.
RIGHT TO AMEND: Anywhere ESL reserves the right to make changes to this site and these disclaimers, terms and conditions at any time without prior notice. The privacy statement contained herein is not intended as a contract or as creating any legal rights, and may be amended from time to time.
AnywhereESL.com (“us”, “we”, or “our”) operates the https://anywhereesl.com/ website (the “Service”).
Personal Data Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
Usage Data Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Cookies Cookies are small pieces of data stored on a User’s device.
Data Processor (or Service Providers) Data Processor (or Service Provider) means any person (other than an employee of the Data Controller) who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.
Data Subject Data Subject is any living individual who is the subject of Personal Data.
User The User is the individual using our Service. The User corresponds to the Data Subject, who is the subject of Personal Data.
Information Collection And Use
We collect several different types of information for various purposes to provide and improve our Service to you.
Types of Data Collected
Personal Data While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to: Email address First name and last name Phone number Address, State, Province, ZIP/Postal code, City Cookies and Usage Data
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.
We may also collect information how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
We may use and store information about your location if you give us permission to do so (“Location Data”). We use this data to provide features of our Service, to improve and customize our Service. You can enable or disable location services when you use our Service at any time, through your device settings.
Tracking & Cookies Data
Examples of Cookies we use: Session Cookies. We use Session Cookies to operate our Service. Preference Cookies. We use Preference Cookies to remember your preferences and various settings. Security Cookies. We use Security Cookies for security purposes.
Use of Data
AnywhereESL.com uses the collected data for various purposes:
To provide and maintain our Service To notify you about changes to our Service To allow you to participate in interactive features of our Service when you choose to do so To provide customer support To gather analysis or valuable information so that we can improve our Service To monitor the usage of our Service To detect, prevent and address technical issues To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information
Retention of Data
Transfer Of Data
Disclosure Of Data
Disclosure for Law Enforcement Under certain circumstances, AnywhereESL.com may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Legal Requirements AnywhereESL.com may disclose your Personal Data in the good faith belief that such action is necessary to: To comply with a legal obligation To protect and defend the rights or property of AnywhereESL.com To prevent or investigate possible wrongdoing in connection with the Service To protect the personal safety of users of the Service or the public To protect against legal liability Security Of Data The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
“Do Not Track” Signals
We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
AnywhereESL.com aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data. Whenever made possible, you can update your Personal Data directly within your account settings section. If you are unable to change your Personal Data, please contact us to make the required changes. If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us. In certain circumstances, you have the right: To access and receive a copy of the Personal Data we hold about you To rectify any Personal Data held about you that is inaccurate To request the deletion of Personal Data held about you You have the right to data portability for the information you provide to AnywhereESL.com. You can request to obtain a copy of your Personal Data in a commonly used electronic format so that you can manage and move it. Please note that we may ask you to verify your identity before responding to such requests.
We may employ third party companies and individuals to facilitate our Service (“Service Providers”), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used. These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service Providers to monitor and analyze the use of our Service.
Our Service does not address anyone under the age of 13 (“Children”). We do not knowingly collect personally identifiable information from anyone under the age of 13. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.