TERMS OF SERVICES
Mi Maestra de Inglés offers Spanish-speaking people the video service to learn the English language, together with the service of the corresponding practice books, online, offering users the opportunity to select from several videos (“Videos”) and their corresponding practice books (“Books”) (collectively, the “Content”). Our video service, and our practice book service, both the Content services, are collectively referred to as the “Services”. The Services are available on the website mimaestradeingles.com (“Mi Maestra de Inglés”).
The Videos and the Books that are offered in the Services of Mi Maestra de Inglés are directed to Spanish-speaking people, that is, people whose language is Spanish, on the basis that in the Videos and in the Books the English language is taught through the explanation of the topics in the Spanish language. We recommend that people who are not yet members of Mi Maestra de Inglés to see the samples of some of the Videos and the Books that are shown on the Mi Maestra de Inglés website to be able to know in advance the style and teaching methodology of the Videos and the Books before making the decision to purchase membership in Mi Maestra de Inglés.
The terms that regulate and control the Services are included in this “Terms of services” agreement.
By entering this “Terms of services” agreement, you are verifying that your country of residence is the same as your billing address.
By creating a membership account, viewing or downloading the Videos, viewing or downloading the Books, or visiting or using our Services, you accept this “Terms of services” agreement and consent to contract with us electronically.
We may update this “Terms of services” agreement by posting an updated version on our website. By continuing to use our Services, you agree to the updated “Terms of services” agreement.
Mi Maestra de Inglés owns and retains all rights to the Services, and the Content is owned or controlled by Mi Maestra de Inglés. The Services and Content are also protected by copyright, trademark and other intellectual property laws.
Mi Maestra de Inglés Services are for your personal and non-commercial use only, and cannot be shared with people outside of your home.
During your membership in Mi Maestra de Inglés, Mi Maestra de Inglés grants you the limited, non-exclusive and non-transferable right to access the Mi Maestra de Inglés Services, view or download continuously (streaming) and/or download in permanently form the Content of Mi Maestra de Inglés through the Services, in perpetuity, as expressly permitted by the applicable license and subject to the limitations established in this “Terms of services” agreement.
Except for the above statement, no right, title or interest will be transferred to you.
This license will be effective for the period that intellectual property rights protect the Content.
“Non-transferable”, as used in this “Terms of services” agreement, means that you may not duplicate, sell, rent, grant, sublicense or transfer the Content or the right to use the Content to anyone.
We reserve the right to immediately terminate or restrict your membership account or your use of the Services at any time, without prior notice or liability, if Mi Maestra de Inglés determines or reasonably believes in its sole discretion that you have violated this “Terms of services” agreement, violated any law, rule or regulation, has engaged in any inappropriate conduct, or for any other commercial reason.
Continuous download: You can view or continuously download (streaming) the Content of Mi Maestra de Inglés mainly within the country in which you have established your membership and only in geographical locations where we offer our Services and have a license for such Content. A continuous download (streaming) “at home” is one that is transmitted through your residential Internet service, and a continuous download (streaming) “outside the home” is one that is transmitted through a connection to a network cellular or Wi-Fi outside your home. The number of simultaneous downloads (streaming) of the Content that you can access may require verification of your device and your membership account.
Permanent download: We know that you may not always have an Internet connection when you want to view Content. Mi Maestra de Inglés gives you the option to permanently download the Content on certain devices so that you can view it without an Internet connection. Of course, there are some limitations that may change from time to time, including: (1) the maximum number of devices that can store permanent downloads; (2) the maximum number of permanent downloads that can be stored on all devices at any one time; (3) the time the permanent downloads will be available on the Mi Maestra de Inglés website; and (4) geographic and device restrictions on playback.
Rules and limitations of use: You agree not to reproduce, distribute, modify, publish, translate, broadcast, license, offer for sale, transmit or retransmit the Content of Mi Maestra de Inglés. We may terminate or restrict your use of our Services if you violate this “Terms of services” agreement or if you engage in illegal or fraudulent use of the Services.
You may not, directly or through the use of any device, software, Internet site, web-based service or other means, remove, alter, avoid, interfere with or circumvent any copyright, trademark or other proprietary notices marked on the Content. You may not build a business using the Content, whether for profit or not. These restrictions include, by extension, in addition to the Content, any text, graphic, design, interface, logo, photograph, audio or video material, published on the Mi Maestra de Inglés website and subject to intellectual property rights. In addition, you are strictly prohibited from creating derivative works or materials that are otherwise derived from or based in any way on the Content. This prohibition applies even if you intend to give away the derived materials for free.
Age Requirements: The Services are not intended to be used by children without the participation and approval of a parent or guardian. If you are under the age of 13, you are not allowed to have a Mi Maestra de Inglés membership or provide your personal information to Mi Maestra de Inglés. If you are at least 13 years old and under 18 years old (or under the applicable age of majority in your state or territory of residence), you may have a Mi Maestra de Inglés membership, but only if you have the consent of your parent or tutor.
Content quality: The quality of viewing the Mi Maestra de Inglés Content Videos may vary from device to device, and may be affected by a variety of factors, such as your location, available bandwidth through and/or or the speed of your Internet connection. The Mi Maestra de Inglés Content Videos are available in SD (Standard Definition) quality, with a resolution of 720 x 528 pixels. The minimum connection speed for SD quality is 0.5 Mbps, however we recommend a faster connection to improve video quality. You are responsible for all internet access charges. Mi Maestra de Inglés is not responsible for or guarantee the quality of your viewing experience on your screen.
Mi Maestra de Inglés Content Books are available in Portable Document Format (PDF) files. Mi Maestra de Inglés is not responsible for any paper costs you may incur when printing the Books. Mi Maestra de Inglés is not responsible for any failure in the operation of your printer that could be due to the printing of the Books. Mi Maestra de Inglés is not responsible or guarantees the quality of the final printing of the Books. You are responsible for the costs associated with printing the Mi Maestra de Inglés Content Books.
Passwords and membership account access: You are responsible for all use of your membership, including use of your membership by other members of your household. By allowing others to access your membership, you agree to be responsible for ensuring that they comply with this “Terms of services” agreement and agree to be responsible for their activity when using the Services. We may cancel your membership or put it on hold to protect you, Mi Maestra de Inglés, or our partners from identity theft or other fraudulent activity.
All your membership information that you submit to us must be accurate and current. Because you are responsible for all use of your membership, including unauthorized use by third parties, take great care to protect the security and confidentiality of your password. Please notify us at our “Centro de ayuda” (Help center) at mimaestradeingles.com/ayuda (“Centro de ayuda”) if you suspect any unauthorized use of your membership.
Internet service and data usage limit: To access the Services, you must have a broadband Internet connection from an Internet service provider that meets certain technical specifications. Please note that multiple simultaneous downloads (streaming) may require higher Internet bandwidth. You are responsible for the costs associated with your Internet service used to access the Services. Your use of the Services may count towards your data usage limit, based on the terms of your agreement with your Internet service provider.
EXCLUSION OF WARRANTIES, LIMITATION OR EXCLUSION OF LIABILITY FOR DAMAGES AND INDEMNITY
MI MAESTRA DE INGLÉS SERVICES AND ALL CONTENT, OR ANY OTHER FEATURES OR FUNCTIONALITY ASSOCIATED WITH MI MAESTRA DE INGLÉS SERVICES, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. MI MAESTRA DE INGLÉS DOES NOT WARRANT, REPRESENT OR WARRANT THAT YOUR USE OF MI MAESTRA DE INGLÉS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. MI MAESTRA DE INGLÉS SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF ITS CONTENT.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MI MAESTRA DE INGLÉS OR ANY OF ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, OR LICENSORS BE LIABLE (JOINTLY OR INDIVIDUALLY) TO YOU FOR PERSONAL INJURIES OR ANY SPECIAL INJURY, INDIRECT OR INCIDENT, DAMAGES OF ANY KIND OR ANY DAMAGE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
NOTHING IN THIS “TERMS OF SERVICES” AGREEMENT WILL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
MI MAESTRA DE INGLÉS WILL NOT BE LIABLE FOR ANY DAMAGE, COSTS OR LOSSES ARISING AS A RESULT OF CHANGES MADE TO THE CONTENT OR DUE TO THE CONTEXT IN WHICH YOU USE THE CONTENT.
If you have questions about the above, please contact our “Centro de ayuda”. Phone or text message: 562-968-8765 (United States). Email: firstname.lastname@example.org, or in “Centro de ayuda”
Except when required by law, Mi Maestra de Inglés will have no obligation to issue refunds under any circumstances. All membership fees are non-refundable. You authorize Mi Maestra de Inglés to charge you the cost of your membership for the duration of the term agreed upon at the time of purchase. In the event that Mi Maestra de Inglés determines that you are entitled to a refund of all or part of the cost of the membership you paid, said refund will be made using the payment method originally used by you to make your purchase.
If Mi Maestra de Inglés must collect indirect and/or transactional taxes (such as sales tax, value added tax, goods and services tax, etc.) according to the laws of your state or country of residence, you will be responsible for the payment of said indirect tax.
This “Terms of services” agreement shall not be construed against or in favor of either party, but rather in accordance with the fair meaning of the language thereof. This “Terms of services” agreement is governed by and shall be construed in accordance with the laws of the State of California, USA.
If any individual term of this “Terms of services” agreement is deemed invalid or unenforceable by any legal or regulatory body of the competent jurisdiction, such finding will be limited to only that invalid or unenforceable part, without affecting the remaining parts of said individual term, or any other part of this “Terms of services” agreement, so this “Terms of services” agreement will remain in full force and effect.
In the event that you use fraudulent credit card information to open your membership account or participate in any criminal activity that affects Mi Maestra de Inglés, Mi Maestra de Inglés will immediately file a complaint with www.ic3. gov, the Internet Crime Complaint Center, a partnership between the Federal Bureau of Investigation (FBI) and the National White Collar Crime Center.
You and Mi Maestra de Inglés agree that any controversy or claim arising out of or related to this “Terms of services” agreement, or breach thereof, will be resolved by means of a binding individual (not collective) Arbitration Agreement administered under the Commercial Arbitration Rules of the American Arbitration Association or International Center for Dispute Resolution in effect on the date the arbitration commences, rather than in court, and the judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction over it or having jurisdiction over the relevant party or its assets. The place of arbitration will be Los Angeles County, California, USA. The language of the arbitration will be English. There will be an arbitrator who will be mutually agreed upon by the parties. Each party will bear its own costs in the arbitration. Both parties agree that the following claims are exceptions to the Arbitration Agreement and will be presented in judicial proceedings in a court of competent jurisdiction: (1) any claim related to an actual or potential infringement, misappropriation or violation of copyright, trademarks, trade secrets, patents or other intellectual property rights; and (2) any claim seeking emergency injunctive relief based on compelling circumstances (for example, imminent danger or commission of a crime, hacking, cyberattack). This Arbitration Agreement will survive the termination of this “Terms of services” agreement. As an exception to this Arbitration Agreement, you have the right to bring to a small claims court any claim that is within the jurisdiction of that court, whether you have argued with us informally first or not, as long as you proceed only on an individual basis.
For your convenience, the arbitration can be conducted in person, by filing documents, by phone or online. Procedures that cannot be carried out by filing documents, by phone or online, will be carried out in Los Angeles County, California, USA.
If a court decides that applicable law precludes compliance with any of the limitations in this “Terms of services” agreement, then that claim (and only that claim) must be separated from arbitration and can be filed in court.
Force majeure: Mi Maestra de Inglés will not be responsible for any delay or failure caused by any circumstance that is not within the reasonable control of Mi Maestra de Inglés, foreseeable or not (each a “force majeure event”). In the case of an event of force majeure, Mi Maestra de Inglés will be released from full compliance with the contractual obligation until the event passes or no longer prevents compliance.
Communication preferences: Any information related to your membership (for example, payment authorizations, invoices, changes to password or payment method, confirmation messages, notices) will be sent to you only electronically, for example, through emails to your email address provided when purchasing your membership.
Language: The English version of this “Terms of services” agreement will control. For your convenience we also provide the Spanish version of this “Terms of services” agreement at mimaestradeingles/terminos-de-servicios (“Términos de servicios”).
CHANGES TO THIS “TERMS OF SERVICES” AGREEMENT
From time to time, we may make changes to this “Terms of services” agreement to reflect changes in the law or Mi Maestra de Inglés Services, or for other reasons. Therefore, it is important to check the LAST UPDATE DATE posted at the end of this “Terms of services” agreement each time you visit the Mi Maestra de Inglés website or use any of the Mi Maestra de Inglés Services to make sure you are familiar with our most up-to-date policies and practices. If we make any material changes to this “Terms of services” agreement, we will notify you in accordance with applicable law. Notice may be by posting a notice on the Mi Maestra de Inglés Site, by email to the email address you most recently provided us, or by other means, in accordance with applicable law. Accordingly, keep your membership account information up to date, including your email address.
QUESTIONS/HOW TO CONTACT US
At Mi Maestra de Inglés we hope that our “Centro de ayuda” team can solve most of the problems that you might have when using the Mi Maestra de Inglés Services. If you have questions regarding this “Terms of Service” agreement, please contact our “Centro de ayuda”. Phone or text message: 562-968-8765 (United States). Email: email@example.com, or in “Centro de ayuda”. You can also contact us by mail addressed to:
Mi Maestra de Inglés
13104 Philadelphia St Ste 212
Whittier CA 90601-6308
Thank you for being part of the Mi Maestra de Inglés family.
DATE OF LAST UPDATE: February 18, 2021.