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, using, or purchasing our 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 and lesson plan materials (also referred to in these Terms as "lessons", "lesson plans" or "lesson materials"). These are digital and printable lesson plans. Our lesson plan materials contain mostly text content and image content (referred to in these Terms as "Content"), in either PDF or Google slide format. Our Content includes reference to Non-Fluentize content and websites, such as Youtube.com or other 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. 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.
Upon creation of an account, you can purchase our Services. You can purchase our Services through Individual Lesson Credit Packages (referred to in these Terms as “Credit Package(s)” or "Credit(s)").
Individuals may purchase either a 1-Credit package for $2.99 USD, a 5-Credit Package for $12.49 USD, or a 10-credit package for $22.49 USD. One lesson credit gives access to the printable PDF lesson, interactive PDF lesson, Teacher Guide PDF, and, if available, the Google Slide E-Lesson version for any one lesson. Lesson credits do not expire.
You may also purchase our Services through the Individual Teacher All-Access Subscription (referred to in these Terms as "Subscription"), or Organizational Multi-Teacher Subscriptions (which are for language schools, programs, organizations, or other kinds of collaborative use).
The price of the Individual Teacher All-Access Subscription is $79.00 USD. This gives you full access to all of Fluentize's lesson plan materials for one year from the date of purchase. You will be able to download and use all lesson plan materials on the site for the duration of your one-year Subscription until the date of the expiration of your subscription. Language Schools and other organizations may purchase a package upon request and agreement with Fluentize.
When you make a payment for any Credit Package(s) or the Subscription, you agree to these Terms of Use.
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 may also purchase our Services through PayPal. 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 you a personal limited non-exclusive, non–transferable license to Fluentize content.
Any lesson plan materials and Content, whether free or paid, downloaded from the website cannot be emailed, shared, posted, transferred, linked to, or distributed in any other way to another person physically or electronically without the consent of Fluentize. All lesson plan materials and Content downloaded and accessed through Fluentize is for personal use only. 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.
All payments are processed independently through third-party services. As a result, this Website does not gather any payment information, such as credit card details.
At checkout, you are required to provide accurate and complete billing information, including your full name, address, state, zip code, and valid payment method details.
Upon purchasing the subscription, you gain full access to the lesson plan materials solely during the active subscription period.
By purchasing any subscription with Fluentize, you acknowledge and agree that your subscription will automatically renew at the end of each period unless you turn off auto-renew in your account settings. The automatic subscription renewal can be turned off in your account settings (in the "Credits, Subscription & Billing" tab) or by contacting Fluentize.
If you cancel your subscription, you will lose access to the lesson plan materials. If you cancel your subscription, you will not receive a refund for the fees you already paid for your current subscription period.
If you purchase a subscription by credit or debit card, you consent to having your payment method on file with our third-party payment system, Stripe, for the subscription you purchased. If your subscription automatically renews, this payment method will be charged for the renewal. You can also contact us to cancel your subscription, turn off auto-renew, or change your payment method.
If you purchase a subscription through PayPal, it will not automatically renew at the end of the period.
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.
Furthermore, sharing your username, log-in credentials, password, or any other account information with another user, or other users, without the consent of Fluentize is expressly prohibited and will result in termination of your account without refund, at Fluentize’s sole discretion.
Fluentize reserves the right to change the pricing of the Credit Package(s) or Subscription(s) at any time, at its sole discretion, without prior notice. We also may modify the pricing structure of the Credit Package(s) or Subscription(s) as it deems necessary or desirable. Such changes may occur for reasons including but not limited to updates, improvements, market conditions, or promotional purposes. This includes but is not limited to changing a lesson plan from free to paid, or from paid to free.
Fluentize is under no obligation to notify users in advance of changes in pricing. Users understand that the availability of certain lesson plan materials as free or paid may change over time, and no refunds or compensation will be provided for changes in pricing.
Users acknowledge and agree that if any lesson plan is changed from free to paid, Fluentize is under no obligation to provide the lesson plan previously downloaded or accessed for free. Similarly, if a lesson plan is changed from paid to free, Fluentize is under no obligation to provide refunds or compensation for previous purchases of that lesson plan.
Due to the fact that we provide and sell non-tangible goods, we have a strict no-refund policy once a purchase has been made. Therefore, all fees paid for any lesson plan materials, Content, Credit Package(s), or the Subscription are non-refundable.
By continuing to use Fluentize, you agree not to share any of our lesson plan materials or Content with any other person in any way without Fluentize's prior consent.
The only permitted sharing of Fluentize's lesson plan materials and Content with others is with your own students or learners.
Any Fluentize lesson plan materials or Content, whether free or paid, cannot be emailed, sold, shared, posted, transferred, linked to, or distributed in any way to another person, individual, business, school, or organization, either physically or electronically, without the prior consent of Fluentize. Doing so without the consent of Fluentize is strictly prohibited and will result in immediate termination of your account without refund, at Fluentize’s sole discretion. By continuing to use our Service, you agree to safeguard the lesson plan materials and Content you download, access, and purchase from Fluentize, and agree to use them solely for the purpose of teaching your own students or learners.
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 reserves the right to modify, update, or remove lesson plan materials on the website at any time without prior notice. Such modifications may include, but are not limited to, changes in content, format, structure, or availability of lesson materials.
By accessing or using the lesson materials provided by Fluentize, you acknowledge and agree that Fluentize may make such modifications without any obligation to inform users in advance. These modifications are permanent and may result in the removal of previously available lesson plan materials.
Fluentize reserves the right to permanently remove lesson plan materials from the website at any time, at its sole discretion, for any reason, including but not limited to updates, improvements, legal requirements, or discontinuation of certain materials for other reasons.
Users acknowledge and agree that Fluentize may, without prior notice, permanently remove lesson plan materials from the website, and Fluentize is under no obligation to reimburse or replace any removed lesson plan materials.
It is the responsibility of users to regularly back up or download any lesson plan materials they wish to retain for future use, as Fluentize is not liable for any loss or inconvenience resulting from the removal of lesson plan materials from the website.
Fluentize is not obligated to provide access to previous versions of lesson plan materials once they have been modified, updated, or removed from the website. Users are encouraged to regularly check for updates and changes to lesson plan materials.
Users are strictly prohibited from modifying, altering, or adapting any Content provided by Fluentize without prior written consent. This includes but is not limited to text, images, graphics, videos, and any other materials available on the website.
However, users are permitted to modify or edit the Google Slide E-Lessons provided by Fluentize for their own personal use only, with students or learners, such as for classroom instruction or personal study purposes. Any such modifications or edits must not be distributed, shared, or used for any purpose without explicit authorization from Fluentize.
Modification of Google Slide E-Lessons for personal use does not grant users the right to claim ownership or intellectual property rights over the original content or any derivative works created thereof.
Users of Fluentize are advised to exercise discretion and judgment when selecting video content and our lesson plan materials, taking into consideration factors such as age, language proficiency, cultural sensitivity, subject matter, and any specific requirements or sensitivities of their student audience.
Users of Fluentize are solely responsible for selecting video content and lesson plan materials that are suitable for their intended student audience, age level, and educational goals. While we strive to provide a variety of video content for ESL learning, including videos and lesson plan materials categorized by topic and proficiency level, it is ultimately the user's responsibility to review and assess the suitability of each video and each lesson plan for their specific teaching or learning objectives.
While we strive to provide accurate information and have proofreading processes, we do not guarantee that all Content on our website, including but not limited to our lesson plan materials, will be free from grammatical, spelling, punctuation, or any other errors. We reserve the right to correct any errors or inaccuracies promptly upon being notified.
We do not issue refunds or other forms of compensation for lesson plan materials or any other products accessed on our website that contain grammatical, spelling, punctuation, or any other kind of errors. By accessing our materials, you agree to use them as provided, understanding that occasional errors may occur.
If you notice any errors in our materials, you may please promptly notify us. We appreciate your assistance in maintaining the quality and accuracy of our content.
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. This includes 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 and Content inclusive of lesson plan materials, 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. This includes but is not limited to Youtube.com or Google services.
You acknowledge that Fluentize does not guarantee the availability of these services and cannot be held accountable for any interruptions in their delivery or loss of data resulting from their use. You also acknowledge and agree that Fluentize has no control over such resources and thus cannot be held responsible for their content or availability.
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. Our Service 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 through Credits or Subscriptions that correspond to videos that are unavailable in certain countries. By continuing to use our Service, you acknowledge that certain videos may be unavailable in your country. 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 Use, 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.
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