Zasady i warunki
Witamy w AVAspeak!
AVAspeak jest własnością i jest zarządzana przez AVAspeak LLC.
Korzystając z platformy, zgadzasz się przestrzegać niniejszych warunków i naszej polityki prywatności. W niniejszych warunkach słowa „strona internetowa” i „platforma” odnoszą się do witryny lub platformy AVAspeak, „my”, „nas”, „nasz” i „AVAspeak” odnoszą się do AVAspeak LLC, a „ty” i „użytkownik” do Ciebie, użytkownika AVAspeak.
Poniższe warunki mają zastosowanie do korzystania z witryny. Obejmuje to wersje mobilne i tabletowe, a także każdą inną wersję AVAspeak dostępną za pośrednictwem komputera stacjonarnego, telefonu komórkowego, tabletu, mediów społecznościowych lub innych urządzeń.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING, POSTING INFORMATION ON, OR OBTAINING ANY SERVICES OR PRODUCTS FROM THE WEBSITE.
1. ACCEPTANCE OF TERMS
This agreement sets forth legally binding terms for your use of AVAspeak. By registering and using the website, you agree to be bound by this agreement. If you do not accept the terms of this agreement, you should not use the website and discontinue use of the service immediately. We may modify this agreement from time to time, and such modification shall be effective upon its posting on the website. You agree to be bound by any modification to this terms and conditions when you use AVAspeakafter any such modification is posted; it is therefore important that you review this agreement regularly.
Use of the platform is prohibited for children under the age of 13. In the case of minors under the age of 18 and over the age of 13, it is the responsibility of parents and legal guardians to determine whether use of the platform or any of the content and functionality available on the platform is appropriate for their child or ward.
You represent and warrant that all registration information you submit is accurate and truthful; and that your use of the website does not violate any applicable law or regulation. AVAspeakmay, in its sole discretion, refuse to offer the services to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the website is revoked in such jurisdictions.
The website may only be used in compliance with these terms and all applicable local, state, national and international laws, rules and regulations.
By registering and using the platform, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.
By registering and using the website as a tutor user, you represent and warrant that you accept the terms contained in these terms and conditions and agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on AVAspeak and (b) maintain and promptly update your registration data to keep it true, accurate, current and complete (c) own the commercial rights or licenses to the products posted on AVAspeak. If we have reasonable grounds to suspect that such data is untrue, inaccurate, not current or incomplete, AVAspeak reserves the right to suspend or terminate your account and refuse any and all current or future use of the service (or any part thereof) at any time without notice.
By registering on the platform as a tutor user, the user authorizes AVAspeak to use the tutor's personal information such as full name and date of birth to perform the necessary checks. AVAspeak may obtain identity and background checks from public records and competent authorities or entities in connection with criminal records, criminal convictions and sex offender registries.
If you register on AVAspeak, you will be required to choose a password, and you may be asked for additional information regarding your account. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify AVAspeak of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another user's account without prior authorization fromAVAspeak. AVAspeak will not be liable for any loss or damage arising from your failure to comply with this agreement.
By providing AVAspeak with your email address, you consent to our use of your email address to send you notices about AVAspeak. We may also use your email address to send you notificationsand other messages, such as changes to service features, news, and special content. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your withdrawal request via the contact information or by using the "unsubscribe" option in the emails. Opting out may prevent you from receiving emails about updates, news or special content.
Users may cancel their accounts at any time and for any reason by following the instructions on the platform or by sending us their request through our contact information. That termination will only result in the deletion of the account and the deletion of all the personal data granted to AVAspeak.
AVAspeakreserves the right to terminate your account or your access immediately, with or without notice to you, and without liability to you, if AVAspeakbelieves that you have breached any of these terms, furnished AVAspeak with false or misleading information, or interfered with use of the website or the service by others.
Tutor users may offer their services through the listings available on the website. The tutor must provide a clear, specific and detailed description of their services as a tutor, specifying the scope of teaching and lessons.
Please note the following provisions before posting your services on the platform:
- Describe in detail the content and scope of lessons.
- Lessons or services offered should set expectations that the tutor can meet or exceed.
- Do not offer services with the intent to commit fraud.
- Do not provide services other than those described in your listings or services.
- Do not offer services in exchange for positive feedback.
- Do not advertise any third party teaching service, platform, software or application other than AVAspeak.
- Do not provide or include any personal contact information such as email or phone number, nor post your social media accounts.
2.4. Tutor Responsibilities
When registering on the platform and receiving requests for services as a tutor, tutor users shall comply with the following responsibilities and requirements:
Lessons can be provided via Skype and Zoom. It is the tutor's responsibility to have the necessary software and hardware to provide the lessons (Zoom or Skype installation, audio and video equipment, etc.).
The treatment of students should always be cordial and respectful. The tutor may not discriminate on the basis of sex, religion, race, nationality, political affiliation, etc., nor may he/she discriminate against students in any way. Any hateful, abusive, threatening, criminal, disrespectful or discriminatory behavior towards students may result in the removal of the tutor's profile and reporting to the authorities.
The content or tutor resources used during the lessons do not infringe, violate or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, right of privacy, right of publicity, or any other intellectual property or proprietary right; The content or tutor resources used during the lessons do not libel, defame or invade the right of privacy, publicity or other proprietary rights of any other person. The tutor's content or resources used during the lessons could not be considered by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful or otherwise inappropriate.
Students will be provided with 3 free lessons when registering on the platform. Tutors must be willing to attend these lessons as promptly and responsibly as the paid lessons.
All student requests must be handled through the platform.
The tutor must behave in a respectful and cordial manner with students at all times and be willing to resolve students' doubts and concerns.
The tutor must respond promptly to all communications or requests from students regarding the services offered on the platform as a tutor. The tutor must also respond promptly to all communications from AVAspeak.
Tutors must commit to and comply with scheduled lessons. Scheduled lessons are commitments made to students. Tutors may reschedule or cancel scheduled lessons as a last resort. In cases where tutors cancel or reschedule a lesson, they must inform the student well in advance and inform the student of the new lesson schedule.
Tutors should keep a record of important communications and details regarding lessons.
In cases of disputes between tutor and student, AVAspeak is likely to request screenshots of all information related to the dispute including the date and time of the communication.
The tutor should always initiate contact with students at the start of any scheduled lesson. The tutor is committed and obligated to start lessons on time and at the scheduled time.
The tutor must initiate contact with the student and connect with the student through the platform agreed upon in the service. It is advisable to initiate contact with the student well before the scheduled time to ensure that the lessons take place punctually at the scheduled time.
In cases where the student logs on or enters the class late, the tutor must wait for the student during the scheduled lesson time (30 minutes or 1 hour). The tutor must be available to begin the lesson during the scheduled class time but is not obligated to make up the time lost due to the student's late arrival for the scheduled lesson.
The tutor is committed to completing lessons on time according to the scheduled time for each lesson. The tutor must notify the student each time the lesson is ending.
In cases where the student does not attend lessons and requests to reschedule the lesson, it is the tutor's decision whether to agree to reschedule the lesson or to reject the request.
By registering on the website, you represent and warrant that you accept the terms contained in these terms and agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on AVAspeak, and (b) maintain and promptly update your registration data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that such data is untrue, inaccurate, not current or incomplete, AVAspeak reserves the right to suspend or terminate your account and refuse any and all current or future use of the website at any time without notice.
If you register on AVAspeak, you will be required to choose a password, and you may be asked for additional information regarding your account. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify AVAspeak of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another User's account without prior authorization from AVAspeak. AVAspeak will not be liable for any loss or damage arising from your failure to comply with this agreement.
By providing AVAspeak with your email address and phone number you consent to our use of your email address to send you notices about AVAspeak. We may also use your email address and phone number to send you notifications, push notifications and other messages, such as changes to service features, news, and special content. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your withdrawal request via the contact information or by using the "unsubscribe" option in the emails or mobile notifications. Opting out may prevent you from receiving emails about updates, news or special content.
Users may cancel their accounts at any time and for any reason by following the instructions on the platform or by sending us their request through our contact information. That termination will only result in the deletion of the account and the deletion of all the personal data granted to AVAspeak.
AVAspeak reserves the right to terminate your account or your access immediately, with or without notice to you, and without liability to you, if AVAspeak believes that you have breached any of these terms, furnished AVAspeak with false or misleading information, or interfered with use of the website or the service by others.
3.3. Purchases on the Website
Students will be able to purchase the services of tutors through the website. Please note the following provisions before making a purchase.
- Lessons can be provided via Skype and Zoom. The platform can be chosen by tutors and students by mutual decision.
- The student is entitled to 3 free tests of 30 minutes each, with 3 different tutors. Students will be able to choose the tutor and the lesson and they will be completely free of charge.
- Lessons purchased with any tutor that are not used expire 12 months after purchase.
- Lessons may be available in packages. Multiple lessons in a single package.
- Lesson payments must be made through the platform. Requests for payment outside of the platform are strictly prohibited. Requests for payment outside of the platform may result in the removal of the student's profile and tutor.
- Students may not share personal information with the tutor such as phone number, home address, social media accounts or any other personal data.
By placing an order, you offer to purchase the lessons for the price advertised and indicated on the website at the time of purchase. Please check the tutor information and lesson content before placing an order. Also check the tutor's availability at the time of scheduling lessons.
When a user makes a lesson purchase, AVAspeak will send an email intended to confirm the purchase and payment. This confirmation email will be produced automatically so that the user has confirmation of their purchase.
AVAspeak may change or discontinue the availability of lessons and tutor services at any time at its sole discretion. If a purchase is cancelled by AVAspeak, any payment made will be refunded in full. This does not affect your statutory rights.
All new purchases of services are considered separately and each is treated individually.
If you find any inconsistencies in your billing, please contact us through our contact details or you can file a complaint through the customer service of the relevant payment processor.
If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorization. This usually takes 2 to 5 business days. Your card may be declined for a variety of reasons, such as insufficient funds, AVS (Address Verification System) mismatch or entering an incorrect security code.
If your payment is declined, you will need to provide an alternative payment method or provide another card on which the payment can be charged and processed.
Your payment details will be processed and protected in a secure manner and for the sole purpose of processing the purchase of the services and will be processed, stored and secured by the respective payment processors. AVAspeak reserves the right to engage any payment platform available on the market, which will process your payment data for the sole purpose of processing the purchase of services.
3.5. Cancelations and rescheduling:
Students may cancel and reschedule lessons according to the following provisions:
- A student may cancel or reschedule a lesson without losing credit for that lesson 24 hours or more prior to the start time of the lesson. If the student cancels the lesson less than 24 hours prior to the start time of the lesson, the student will lose credit for that lesson.
- Cancellations and rescheduling are unlimited.
- In the event that a tutor repeatedly cancels or reschedules a lesson, the student will be entitled to claim a refund for the last lesson and reschedule the lesson with another tutor.
Refunds will be made according to the following provisions:
- Students can request a refund for the lessons if the lessons for some reason or reason could not be provided by the tutor or the student is not satisfied with the service or lessons (tutor did not show up, tutor was late, tutor did not suit the student, etc.).
- Important: Students can request a refund for lessons only after the first 2 lessons paid for and provided by the tutor.
- In cases when the student purchases a package of lessons but for some reason or reason the lessons could not be provided by the tutor or the student is not satisfied with the service or lessons (tutor did not show up, tutor was late, tutor did not suit the student, etc.), the full refund of the package will be made to the student.
- No refunds will be given to the student in cases where the student has connection problems or any problems with their audio and video equipment, cannot provide a quiet and adequate room or place to receive the lesson, or has any other problem that prevents them from receiving the lesson during the scheduled time.
3.7. Student Responsibilities
When registering on the platform as a student and purchasing lessons, students must comply with the following responsibilities and requirements:
Students are responsible for having the software (Zoom and Skype installed) and equipment (computer, microphone, camera, etc.) necessary to receive the lessons.
Students are responsible for punctually attending or connecting to scheduled lessons with tutors. In the event of late arrival or late attendance to a lesson, the tutor will be obligated to start the lesson during the scheduled time but at the end of the scheduled time will not be obligated to make up for the time lost due to the user's late arrival or late connection to the lesson.
The treatment with the tutors must always be cordial and respectful. Students may not discriminate on the basis of sex, religion, race, nationality, political affiliation, etc., nor may they exercise any type of discrimination towards tutors. Any hateful, abusive, threatening, criminal, disrespectful or discriminatory behavior towards tutors may result in the removal of the student's profile and reporting to the authorities.
Transactions and purchase of lessons must be done through the platform. It is completely forbidden any kind of economic or any other kind of dealings between students or tutors outside the platform. Any type of negotiation or agreement between the student and the tutor outside the platform may result in the deletion of the user's account. Any kind of negotiation or agreement not related to the classes or lesson topics is completely forbidden.
Students and tutors can provide feedback in the feedback system regarding the service after the lessons have been completed. Comments from students and tutors are entirely optional. Comments from students and tutors should be made freely and always in a respectful manner. Comments and opinions of students and tutors are free and personal. AVAspeak does not participate or take part in students' or tutors' comments after the lessons are finished.
Content provided by students and tutors in the commenting system does not libel, defame or invade the privacy, publicity or other proprietary rights of students, tutors or any other person. Content provided by students and tutors in the comment system may not be considered by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful or otherwise inappropriate.
By using the platform and the functionalities included in the platform, you accept personal responsibility for the results of the use of the platform. You agree that AVAspeak does not guarantee any results, benefits or failures as a result of using our platform. AVAspeak provides resources and content for informational purposes only. You acknowledge and agree that your ultimate success or failure to use the platform and the content available on the platform will be the result of your own efforts, your particular situation and a number of other circumstances beyond AVAspeak's control.
AVAspeaknot be liable for damages to the physical or moral integrity of persons, such as injury, death or any other moral damage such as threats, insults and slander that may fall on a natural person, as a result of communications established on the platform. The communications and relationships established between users as a result of any connection within the website are the sole and exclusive responsibility of the users.
In the event that one or more users or any third party initiates any claim or legal action against another or other users, each and every one of the users involved in such claims or actions AVAspeak exempt from any liability.
6. THIRD-PARTY MATERIALS.
“Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.
Through the website, AVAspeak may make available to users, commercial and advertising information, own or third parties in accordance with good business practices. In these cases, AVAspeak does not endorse, guarantee or commit its responsibility for the services and / or products marketed by these third parties, since the platform serves as a channel of communication and advertising, but not as a tool for the provision of services. Consequently, it is the full responsibility of the users to access the sites that refer advertising, assuming the obligation to verify and know the terms of the services offered by third parties.
8. LICENSE TO USE THE PLATFORM
AVAspeak gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the platform provided to you by AVAspeak as part of the services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by AVAspeak, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
The user agrees not to use the website and the services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the user agrees not to partake in any conduct or action that could damage the image, interests or rights of the AVAspeakwebsite or third parties.
AVAspeak reserves the right to terminate your access immediately, with or without notice, and without liability to you, if AVAspeak believes that you have violated any of these terms or interfered with the use of the website or service by others.
All materials on AVAspeak, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by AVAspeak or by third parties that have licensed or otherwise provided their material to the website. You acknowledge and agree that all Materials on AVAspeak are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without AVAspeak prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize AVAspeak or any part of the material for any purpose other than its intended purposes is strictly prohibited.
10. COPYRIGHT INFRINGEMENT (Digital Millennium Copyright Act)
AVAspeak will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act. AVAspeak respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any material provided on or in connection with the AVAspeak website infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act, via our contact information, with the following information:
- Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
- A statement that specifically identifies the location of the infringing material, in sufficient detail so that AVAspeak can find it on the "AVAspeak" website. Note that providing a top-level URL is not sufficient.
- Your name, address, telephone number and email address.
- A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.
- A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.
- An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner's behalf.
Upon receipt of a copyright infringement request, AVAspeak will contact the allegedly infringing user so that the user can respond to the copyright infringement request.
Responses to copyright infringement requests must contain the following:
- The physical or electronic signature of the user.
- The identification of the content that has been removed or the place where the content was posted.
- A statement, under oath, indicating a good faith belief that the content or material was removed due to an error.
- The name, address and telephone number of the user.
- A statement that the user consents to the jurisdiction of the court in which the user is located.
In the event that the alleged infringing user fails to respond to the copyright infringement request and the alleged copyright owner is able to satisfactorily prove ownership of such copyright in the content and requests removal of such content from the website, AVAspeak will remove the content from the website immediately.
All copyright infringement requests and responses may be submitted through our contact information.
11. USER CONTENT
Some features of the website may allow users to provide content and information. The user retains copyright or any rights they may have in the content they provide through the website. AVAspeak is not responsible for the accuracy, safety or legality of the content posted on the website by users. The user is solely and exclusively responsible for its content and the consequences of its publication. By providing content and information through the website, the user grants AVAspeak a worldwide, non-exclusive, royalty-free, fully paid right and license to host, store, transfer, display, perform, reproduce and modify the user's content for the sole purpose of displaying it through the website and to the general public.
12. USER CONTENT REPRESENTATIONS AND WARRANTIES
AVAspeak disclaims all liability in connection with user content. The user is solely responsible for the content and the consequences of providing content through the service. By providing user content through the service, you affirm, represent and warrant that
a) You are the creator and owner of the content you provide through the website, or you have the necessary licenses, rights, consents and permissions to authorizeAVAspeak to publish and display your content through the website.
b) Your user content, and the use of your user content as contemplated by these terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause AVAspeak to violate any law or regulation.
c) Your user content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
d) Your user content does not and will not contain hateful content, a threat of physical harm, or harassment.
13. USER CONTENT DISCLAIMER
14. PERSONAL DATA
15. PROHIBITED ACTIVITIES
The content and information available on the website(including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such content and information, is proprietary to AVAspeak or licensed to the AVAspeak by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the website. In addition, the following activities are prohibited:
- Use the services or content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this agreement and related guidelines as made available by AVAspeak.
- Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
- Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.
- Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
- Deep-link to any portion of the services for any purpose without our express written permission.
- "Frame", "mirror" or otherwise incorporate any part of the services into any other websites or service without our prior written authorization.
- Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by AVAspeak in connection with the services.
- Circumvent, disable or otherwise interfere with security-related features of the services or features that prevent or restrict use or copying of any content.
16. DISCLAIMER OF WARRANTIES
AVAspeakwill provide its services with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person's services.
Because of the nature of the Internet AVAspeak provides and maintains the website on an "as is", "as available" basis and makes no promise that use of the website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
Our website may from time to time contain links to other web sites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those websites.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse AVAspeak for any loss or damage caused as a result.
AVAspeakwill not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, AVAspeakexcludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to AVAspeakand AVAspeakshall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
- Any incorrect or inaccurate information on the website.
- The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the website.
- Any loss or damage resulting from your use or the inability to use the website or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
- Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
- Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the website or from transmissions via emails or attachments received from AVAspeak.
- All representations, warranties, conditions and other terms which but for this notice would have effect.
17. ELECTRONIC COMMUNICATIONS
No responsibility will be accepted by AVAspeak for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any user, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.
18. THIRD PARTY WEBSITES
Through your use of the website and services you may encounter links to third party sites or be able to interact with third party sites. Such third parties may charge a fee for use of certain content or services provided on or by way of their websites. Therefore, you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any third party to determine whether a charge will be incurred. Where AVAspeak provide details of fees or charges for such third-party content or services, such information is provided for convenience and information purposes only. Any interactions with third party sites and apps are at your own risk. You expressly acknowledge and agree that AVAspeak are in no way responsible or liable for any such third-party sites.
You agree to defend and indemnify AVAspeak from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- Your breach of this agreement or the documents referenced herein.
- Your violation of any law or the rights of a third party.
- Your use of the AVAspeakwebsite.
20. CHANGES AND TERMINATION
We may change the website and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms.Your continued use of the website constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these terms apply to all users take effect.Furthermore, we may terminate this agreement with you under these terms at any time by notifying you in writing (including by email) or without any warning.
This agreement and any rights and licenses granted hereunder,may not be transferred or assigned by you, but may be assigned by AVAspeakwithout restriction.
22. INTEGRATION CLAUSE
The user agrees that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or the use of the platform, shall be resolved by binding arbitration between the user and AVAspeak, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.
In the event that a dispute arises in connection with the use of the platform or breach of these terms and conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.
You agree to initiate a formal dispute proceeding by sending us a communication through our contact information. AVAspeak may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue with the dispute process, you must initiate the dispute resolution process before an accredited arbitration organization and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties.
To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the website and purchase of products posted and offered through the listings available on the website.
The courts of the United States, specifically the courts located in the state of (Insert State), shall have jurisdiction over any dispute, controversy or claim relating to AVAspeak and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of the United States, specifically the courts located in the state of (Insert State).
24. FINAL PROVISIONS
These terms and conditions are governed by the laws of the United States. Use of the AVAspeak website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions.
Our performance of these terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our website or information provided to or gathered by us with respect to such use.
If any part of these terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Any rights not expressly granted herein are reserved.