Terms of Use Agreement

 

Please Read This Terms of Use Agreement Before Accessing Website.

 

Effective Date: This Terms of Use Agreement was last updated on February 1, 2008

 

This Terms of Use Agreement sets forth the standards of use of the Maselle College Online Service. By using the masellecollege.com website (“Site”) you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at masellecollege.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

 

1.       Description of Service

 

Maselle College provides Member with online language services (collectively, the “Service”). Prices listed do not include any VAT or other applicable taxes; you will be responsible for paying any such taxes. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection. Member is responsible for the cost of all use of the Service accessed through Member password.

 

2.      General Terms of Use

 

(a) By using the Service Member acknowledges that Member is eighteen years or older. 

 

(b) Maselle College reserves the right to terminate Member use if Member has provided Maselle College with false registration information, if Member fails to pay for amounts owed under payment terms, or if Member violates the Terms of Use or this Agreement.

 

(c) Member is responsible for maintaining the security of password and that Member is responsible for all uses of Member’s account. Please notify Maselle College (or Member’s employer, if the Service is provided through an employer) of any unauthorized use of account.

 

(d)  Maselle College or third parties may, from time to time, send email messages to Member containing ads, promotions, etc., but we make no representations about the content of those messages or the goods or services offered in those messages. You agree that Maselle College is not liable for such content or messages.

 

(e) The Web Site may contain links to other web sites operated by third parties. Such links are provided for Member’s convenience only. Maselle College does not control such web sites; member agrees that it is not responsible for their availability or their content. Our links to the web sites do not imply any endorsement of the material on such web sites or any association with their operators, goods or services.

 

(f)  You agree to comply with all applicable export laws, including those of the United States government and/or country in which you use the Service. Service may not be downloaded or exported into (or transferred to a national or resident of) Afghanistan, Cuba, Iraq, Libya, Iran, Serbia, Sudan, North Korea, or Syria, or any other country to which the United States has embargoed goods. You also represent, warrant and covenant to us that you are not located in or under the control of any such country or on any list.

    

  

 

3.          Message Board, Bulletin Board, Email, and Chat Conduct

 

(a) Live online conversation classroom channels, bulletin boards, email, chat systems, or other message services ("Messaging Services") are provided to you and other users as an opportunity to communicate, practice your language learning, share and discuss ideas, and other language development activities. Member agrees to be courteous and respectful and agrees not to use the Messaging Services for chain letters, junk mail, "spamming," or solicitations. Member also agrees not to send any message or material that is unlawful, harassing, libelous, abusive, harmful, vulgar, obscene, or otherwise objectionable or that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law or regulation.

 

(b) By using the Messaging Services, you agree that Maselle College is not responsible for any content in the Messaging Services. Maselle College does not prescreen or monitor the messaging content as a matter of policy. We have the right, but not the responsibility, to remove any messaging content which we deem harmful, offensive, or otherwise in violation of the Terms of Use or any rules we may have in place at the time. We may choose to monitor some, all, or no areas of the Messaging Services for adherence to the Terms of Use or other rules that may be given to Users.

 

(c) Member understands that the Messaging Services are public and not private communications. You are responsible for the contents of your message board, bulletin board, and chat postings and the consequences of your postings.

 

(d) The opinions expressed in Maselle College learning activities are provided only to encourage language learning and development and are based on material which is in the public domain. To the best of our knowledge, all information pertaining to real companies and individuals is accurate and not confidential at the time of publication. Certain of the documents, situations, or conversations in the learning activities are hypothetical or imaginary and are included for educational purposes only; they are not intended to reflect actual statements or documents by the referenced individuals or companies. Nothing herein is intended to constitute a sponsorship or endorsement of Maselle College or the Service by the individuals or companies referenced in the learning activities.

 

4.        Disclaimer of Warranties.

 

The site is provided by Maselle College on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Maselle College makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Maselle College shall have no liability for any interruptions in the use of this Website.  Maselle College disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

 

5.        Limitation of Liability

 

Maselle College SHALL NOT be liable for any damages whatsoever, and in particular Maselle College shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Maselle College has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.

 

6.       Indemnification

 

Member agrees to indemnify and hold Maselle College, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.

 

7.       Modifications and Interruption to Service

 

Maselle College reserves the right to modify or discontinue the Service with or without notice to the Member. Maselle College shall not be liable to Member or any third party should Maselle College exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Maselle College does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

 

8.          Third-Party Sites

 

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.

 

9.          Disclaimer Regarding Accuracy of Information

 

A possibility exists that our web site or materials could include inaccuracies, omissions, or errors, or information or materials. Although we always endeavor to ensure the accuracy and integrity of our web site, we make no guarantees as to its completeness or correctness. If you should find our web site’s accuracy to be in question, please contact us at support@masellecollege.com with a description or reference to inaccurate material.

 

10.     Disclaimer Regarding Accuracy of Vendor Information

 

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Maselle College makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

 

Maselle College makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

 

11.      Governing Jurisdiction of the Courts

 

Maselle College is formed in the United States of America in the State of Mississippi as a Corporation. As such, we are subject to the laws of the State of Mississippi and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State Mississippi. 

 

12.      Compliance with Laws

 

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

 

13.       Copyright and Trademark Information

 

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2008-9 masellecollege.com, with all rights reserved, or is the property of Maselle College and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Maselle College is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Maselle College.

 

Maselle College and masellecollege.com are proprietary marks of Masellecollege.com. Maselle College’s trademarks may not be used in connection with any product or service that is not provided by Maselle College, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Maselle College.

 

All other trademarks displayed on Maselle College’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Maselle College.

 

14.      Botnets

 

Maselle College retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Maselle College reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

 

15.      Other Terms

 

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Maselle College, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement [if applicable].