Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://fluentize.com web site (the “Service”) operated by Fluentize, LLC, a limited liability company organized under the laws of the state of Pennsylvania (“Fluentize”, “us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Our web site provides access to English as a Second Language (ESL) teaching tools. We provide lesson plans that include reference to Non-Fluentize content and websites. Use of that content and those sites is governed by the Terms of Service for those sites and Fluentize recommends that you read the Terms of Service and Privacy Policy for those sites prior to use. The information on our web site is for information purposes only. It is believed to be reliable, but we do not warrant its completeness, timeliness or accuracy. User accesses, uses, and relies upon such content at user’s own risk.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. Sharing your username and password with another, unauthorized user, is expressly prohibited and may result in termination of your account without refund, at Fluentize’s sole discretion.
Upon creation of an account, Services are offered through Individual Credit Packages (“Credit Package(s)”), Individual Teacher All-Access Subscription, or Organizational Multi-Teacher Subscriptions. Individuals may purchase either a 1-Credit package for $2.99, a 5-Credit Package for $12.49, or a 10-credit package for $22.49. These credits do not expire. Individuals may also purchase the Individual Teacher All-Access Subscription at the price of $79.00 which gives him/her full access to download to all lesson plans on the site for one year from the date of purchase. The individual will be able to download and use all lesson plans on the site for the duration of his/her one-year subscription until the date of the expiration of his/her subscription. Language Schools and other Organizations may purchase a package upon request and agreement with Fluentize. All prices are in U.S. Dollars.
A valid payment method, including credit card, is required to process the payment for any Credit Packages or Subscription purchased. You shall provide Fluentize with accurate and complete billing information including full name, address including state, city, zip code, and country, and a valid payment method information. By submitting such payment information, you automatically authorize us to charge all Credit Package and Subscription fees for requested packages and subscriptions to any such payment instruments. Upon purchase of a Credit Package or Subscription, Fluentize grants to the Purchaser a personal limited non-exclusive, non–transferable license to Fluentize content. Any Content downloaded from the website cannot be emailed, shared, posted, transferred, or distributed in any other way to another person physically or electronically without the consent of Fluentize. Any commercial use of the Service other than for teaching purposes is expressly prohibited. Any such use may result in termination of access to the Service without refund.
Fluentize, in its sole discretion and at any time, may modify the fees for the Credit Packages and Subscriptions. Fluentize will provide you with a reasonable prior notice of any change in fees. Your continued use of the Service after the fee change comes into effect constitutes your agreement to pay the modified Credit Package fee amount.
All fees paid for Content that is used are nonrefundable. All fees for Subscriptions are nonrefundable in order to protect the illegal sharing of Fluentize’s content. However, if a credit package has been purchased but credits have not been used to download content within 30 days, Fluentize will issue a refund upon request.
You agree not to post to any site, forum, or social media account of Fluentize or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content” means the transmission of information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials generated by a user) that:
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the web site in a manner that sends more request messages to the Fluentize servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
The Service, inclusive of lesson plans, methodology, and its original content features and functionality are and will remain the exclusive property of Fluentize and its licensors. The Service is protected by copyright, trademark, and other laws of the United States, United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Fluentize. The third party content used by Fluentize is not the property of Fluentize and Fluentize does not grant any license thereto.
Our Service uses and may contain links to third-party web sites or services that are not owned or controlled by Fluentize.
Fluentize has no control over, and assumes no responsibility for, the availability, content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that we 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 websites or services. We urge all copyright owners, to recognize that the links contained within this site are located somewhere else on the web. If you have any legal issues please contact appropriate media file owners / hosters. All content, trademarks, trade names, service marks, images, copyrighted work, logos etc referenced herein belong to their respective owners/companies.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Fluentize does not host any of the videos shown on its website. Our Service doesn’t host any of the videos within its own server and it links to the popular Online Video hosting site Youtube.com using video embed codes on Youtube.com. We cannot be held liable for content uploaded by members of third-party websites. Some videos embedded on our website may be unavailable in some countries due to country or video uploader restrictions, which Fluentize has no control over, and assumes no responsibility for. Refunds will not be issued for lesson plans purchased that correspond to videos that are unavailable in certain countries. By continuing to use the service, you acknowledge that certain videos may be unavailable in your country and that refunds will not be issued. It is the responsibility of the visitors, users, and customers who access or use the Service to confirm whether the videos embedded on Youtube.com are available in their country.
Any information provided to Fluentize by the User is truthful to the best of the User’s knowledge and in the event any such information changes, the User shall notify the Fluentize of any such change within a reasonable amount of time. You agree to defend, indemnify and hold harmless Fluentize and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service; b) a breach of these Terms, or c) Content posted on any site or social media account of the Service.
No license to the user is implied in these disclaimers. Nothing herein shall be construed as limiting or reducing Fluentize’s responsibilities and obligations to clients in accordance with applicable laws and regulations.
In no event shall Fluentize, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third-party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service are provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Fluentize, its subsidiaries, affiliates, and its licensors do not warrant that a) the Services will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service are free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
We are not responsible for any virus or malware, and related harm, injury and damage, of any nature that your computer or other devices become in contact with while you are using our web site, tools or services. Please maintain up to date anti-virus anti-malware software at all time while you are using our web site, and related tools, services and functions.
Additionally, Fluentize retains the right to add, delete, change or otherwise alter or amend Service content at any time, with or without notice, at its sole discretion.
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Fluentize ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Fluentize or any person for whom Fluentize is responsible, and even if Fluentize has been advised of the possibility of such loss or damage being incurred.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
We will try to solve any disagreements quickly and efficiently. The Site Terms and Conditions, and any dispute concerning or relating to the web site or your use of the web site, shall be governed by the laws of the state of Pennsylvania without regard to conflict of laws principles. Any legal suits initiated against Fluentize shall be brought in the state or federal courts in, or nearest to, Northampton County, Pennsylvania, as appropriate. 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.
The caption to each Section of these Site Terms are for convenience of reference only and shall be ignored in the construction or interpretation hereof.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Service.
Please refer to our Privacy Policy. You agree that they constitute part of these terms. You must read our Privacy Policy before you use the Service.
If you have any questions about the rights and restrictions above, please contact us at jake@fluentize.com