Burlington English – Terms of Use

Last Updated: [July 1, 2021]

These Terms of Use were last updated on July 1, 2021. Please check back periodically for updates and changes.

Please read the following terms and conditions (the “Terms of Use”) carefully. These Terms of Use govern your access to and use of the Burlington Education Ltd. (“Burlington English”) website located at https://www.burlingtonenglish.com/, the associated language learning platform and any other platform, application, or website that we or our affiliates control that links to these Terms of Use (collectively, the “Platform”) and the features and functionality made available through the Platform (the “Services”).

In these Terms of Use, “you” and “your” refer to you, the individual accessing the Platform and/or using the Services.

These Terms of Use constitute a contract between you and Burlington English.

By accessing, using, or registering to receive access to the Platform, you acknowledge that you have read and understood these Terms of Use and that you accept and agree to be bound by them in full. If you do not agree to these Terms of Use, do not use any portion of the Platform or the Services.

Changes to the Terms of Use

We may update or modify these Terms of Use at any time effective upon posting the revised Terms of Use, along with the date on which they was most recently updated, on the Platform. We may give notice of such updates and modifications by any means, including, without limitation, by posting a revised version of these Terms of Use on the Platform or providing other notice on the Platform (“Notice”). All Notices will be effective immediately. Your continued use of the Platform and the Services thereafter signifies your acceptance to such changes. The version of these Terms of Use posted on our Platform on each respective date you visit the Platform will be the Terms of Use applicable to your access and use of the Platform and Services on that date.

Ownership of the Platform and Access License

You understand and agree that Burlington English owns, or (where required, appropriate, or applicable) has been licensed by third parties to use, all right, title, and interest in and to the Platform, the Services and all information, text, data, computer code, music, artwork, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other materials contained therein, and the compilation, collection, design, selection, and arrangement thereof (collectively, the “Content”), as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content.

You acknowledge that the Platform and the Services are proprietary to Burlington English and are protected by applicable intellectual property and other proprietary rights and that you acquire no ownership interest in the Platform or the Services by accessing and using either. For the avoidance of doubt, “Content” does not include any Third Party Materials (as defined below) or any features, opportunities, or services made available through third party websites or platforms.

Burlington English grants you a personal, non-exclusive, non-transferable, revocable, limited license to use the Platform and the Service, subject to the condition that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the Platform, the Services, or any other Content available via the Platform or the Services. All rights not expressly granted to you in these Terms of Use are reserved and retained by Burlington English and shall inure solely to the benefit of Burlington English. Except as expressly set forth herein, nothing shall be deemed or interpreted to grant or confer to you any licenses, rights, title, or interest therein or thereto, whether by implication, estoppel or otherwise.

Use of the Platform and Services

Burlington English reserves the right to do any of the following at any time without notice: (i) modify, suspend, or terminate operation of or access to the Platform, the Services, or any portion thereof, for any reason; (ii) modify or change the Platform, the Services, or any portion thereof; and (iii) interrupt the operation of the Platform, the Services, or any portion thereof.

You represent and agree that all information that you provide to Burlington English in connection with your access to and use of the Platform and the Services is and shall be true, accurate, and complete, to the best of your knowledge, ability, and belief.

Any use or attempted use of the Platform and/or the Services (i) for any unlawful, unauthorized, fraudulent or malicious purpose; (ii) in a manner that could damage, disable, overburden, or impair the Platform; (iii) in a manner that could interfere with any other party’s use and enjoyment of the Platform or the Services; (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or system through hacking, password mining or any other means; (v) to access systems, data or information not intended by Burlington English to be made accessible to a user; (vi) to attempt to obtain any materials or information through any means not intentionally made available by us; or (vii) for any use other than the purpose for which it was intended, is prohibited.

In addition, in connection with your use of the Platform and the Services, you agree that you will not:

  1. Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;
  2. Create a false identity for the purpose of misleading others or impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  3. Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
  4. Upload files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
  5. Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
  6. Use any of the Platform’s or Services’ communication features in a manner that adversely affects the availability of its resources to other users;
  7. Upload or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation, commercial or otherwise;
  8. Violate any applicable local, state, national, provincial, foreign or international law;
  9. Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
  10. Delete or revise any material posted by any other person or entity;
  11. Probe, scan, test the vulnerability of or breach the authentication measures of, the Platform or any related networks or Platforms;
  12. Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any products or services if you are not expressly authorized by such party to do so;
  13. Harvest or otherwise collect information about others, including e-mail addresses;
  14. Use any modified versions of the Platform or the Services, for any reason whatsoever, without the express written consent of Burlington English;
  15. Attempt to gain any unauthorized access to the Platform, the Services, including computer Platforms, software, or networks; or
  16. Use any robot, spider, scraper, or other automated or manual means to access the Platform or the Services.

Burlington English reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of these Terms of Use, including, without limitation, the suspension or termination of your access and/or account. Burlington English may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, Burlington English reserves the right at all times to disclose any information as Burlington English deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Burlington English’s sole discretion. You also agree to reimburse Burlington English for any damage, loss, cost or expense Burlington English incurs (including fees or costs of attorneys, accountants, professional advisors, and other experts incurred in connection with the defense or settlement of the foregoing) because of your use of the Platform or the Services for any unlawful or prohibited purpose.

Accounts, Passwords, and Security

In order to use certain Services, you may need to set up an account (including establishing login credentials). You are entirely responsible for maintaining the confidentiality and security of your account information and for any and all activity that occurs under your account. You agree to notify Burlington English immediately upon learning of any unauthorized use of your account credentials or any other unauthorized access or breach of security. However, you may be held liable for losses incurred by Burlington English or any other person or entity due to another person using your account credentials.

You may not use any other user’s account credentials at any time without the express permission and consent of the holder of that account. You may not transfer or assign your account.

Burlington English cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. If you are under 17, you may use the Services only through a parent or guardian using the Services on your behalf.

We reserve the right to suspend or terminate your account in the event that you breach any of these Terms of Use.

Electronic Communications

When you use the Platform and/or Services or send emails to us, you are communicating with us electronically. Subject to limitations provided under applicable law, we will communicate with you by e-mail or by posting notices on the Platform. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Use.

Representations and Warranties

You represent and warrant that any information, materials, software, or data that you shall submit to or through the Platform, or that you access, use, download, or otherwise obtain on or through the Platform, if any, are: (a) up-to-date, accurate, complete, reliable, truthful, and suitable to and appropriate for the purpose for which they are intended; and (b) free of viruses and other disabling devices and destructive routines.

Disclaimers

THE INFORMATION, SOFTWARE, CONTENT, SERVICES, OR MATERIALS AVAILABLE FROM OR PROVIDED ON THE PLATFORM OR VIA THE SERVICES, ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OR GUARANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.

BURLINGTON ENGLISH AND/OR OUR THIRD PARTY SUPPLIERS OR LICENSORS DO NOT REPRESENT, WARRANT OR COVENANT THAT THE PLATFORM IS OR WILL BE ACCURATE, CURRENT, COMPLETE, FREE OF TECHNICAL AND TYPOGRAPHICAL ERRORS, SECURE, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU OR ANY THIRD PARTY MAY CHOOSE TO PUT THEM, THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM AND SERVICES ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. BURLINGTON ENGLISH PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES, OR ALTERS THE PLATFORM AND THE SERVICES WITHOUT NOTICE. FURTHER, BURLINGTON ENGLISH ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE PLATFORM OR THE SERVICES. BURLINGTON ENGLISH SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE CONTENT, OR ANY OTHER INFORMATION ON THE PLATFORM OR THE SERVICES.

Limitation of Liability

IN NO EVENT SHALL BURLINGTON ENGLISH, ITS AFFILIATES, CONTRACTORS, SUPPLIERS, CONTENT PROVIDERS, OR THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE OF, OR RELIANCE ON, THE PLATFORM AND/OR SERVICES; (B) THE SECURITY OF THE PLATFORM AND/OR THE SERVICES; (C) THE USE, COPYING, OR DISPLAY OF THE PLATFORM AND/OR THE SERVICES OR THE TRANSMISSION OF INFORMATION TO OR FROM THE PLATFORM OVER THE INTERNET; (D) BURLINGTON ENGLISH’S PERFORMANCE OF, OR FAILURE TO PERFORM, ITS OBLIGATIONS IN CONNECTION WITH THESE TERMS OF USE AND THE SERVICES; (E) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT BY YOU, OTHER USERS OF THE PLATFORM OR THE SERVICES, OR OTHER THIRD PARTIES; OR (F) THE AVAILABILITY, RELIABILITY, ACCURACY, TIMELINESS, OR QUALITY OF THE SERVICES. UNDER NO CIRCUMSTANCES SHALL BURLINGTON ENGLISH, OR ITS CONTRACTORS, SUPPLIERS, CONTENT PROVIDERS, OR THE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION, AND CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE PLATFORM, THE SERVICES, OR ANYTHING DESCRIBED IN THE FOREGOING CLAUSES (A) THROUGH (F) OF THIS PARAGRAPH, OR ANY OTHER CAUSE BEYOND THE CONTROL OF BURLINGTON ENGLISH, EVEN IF BURLINGTON ENGLISH WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE AGGREGATE LIABILITY OF BURLINGTON ENGLISH AND ITS CONTRACTORS, SUPPLIERS, CONTENT PROVIDERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING, SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS OF USE TO THE FULLEST EXTENT PERMITTED BY LAW.

WITHOUT LIMITING ANY OF THE FOREGOING, IF BURLINGTON ENGLISH, ITS CONTRACTORS, SUPPLIERS, CONTENT PROVIDERS, OR ANY OF THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS OF ANY OF THE FOREGOING, IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS OF USE, THE PLATFORM, OR THE SERVICES, BURLINGTON ENGLISH AND SUCH PARTIES’ CUMULATIVE, AGGREGATE, AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR YEAR SHALL NOT EXCEED USD $100.

Indemnification

You agree to indemnify, defend and hold Burlington English harmless from and against all claims, demands, suits or other proceedings, and all resulting loss, damage, liability, cost, and expense (including attorneys’ fees), brought by any third party in connection with or arising out of: (a) your submissions, if any, that you submit, post to, or transmit through the Platform or Services, (b) your access to and use of the Platform and/or Services, (c) your violation of these Terms of Use, (d) your violation of any applicable law, regulation or code, (e) your violation of any rights of another, or (f) or the unauthorized use of your account credentials. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you hereunder. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms of Use.

Other Websites and Platforms

For your convenience, certain hyperlinks or integrations may be provided on the Platform and Services that provide access to other websites or social media platforms which are not under the control of Burlington English (the “Linked Websites”). Burlington English does not endorse or sponsor any Linked Websites and is not responsible for the availability, accuracy, content, or any other aspect of the Linked Websites. Burlington English disclaims all liability for such websites, for all access to and use thereof, and for use of the links to such websites. We also disclaim all liability, and make no representations or warranties, with respect to any products or services, or job postings, made available, sold, or provided to you by any third party. Your use of Linked Websites is subject to the terms and conditions, privacy policies, and other terms of the Linked Websites. You agree that you will bring no suit or claim against Burlington English arising from or based upon any such use of any Linked Websites. Hyperlinks to such Linked Websites on the Platform and Services do not imply that: (a) Burlington English is affiliated or associated with any Linked Website; (b) Burlington English is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in connection with or accessible through such links; or (c) any Linked Website is authorized to use any trademark, trade name, logo, or copyright symbol of Burlington English.

Links to the Platform

Neither you nor any other website may link to the Platform without the permission of Burlington English. In any event, without our express, prior, written permission, it is expressly prohibited to: (a) “deep link” to any page of the Platform other than the home page; (b) “frame” the Platform or any Content or otherwise cause the Platform or any Content to appear in a window with any other material that does not constitute Content; (c) cause the hyperlink to the Platform to be displayed in any way that is disparaging to Burlington English; or (d) otherwise imply or state that any type of relationship or special arrangements exist with Burlington English and any other entity. You agree that you will promptly remove any hyperlink to the Website upon the written request of Burlington English. In no event will you use any logo or trademark of Burlington English as a hyperlink “button”, or in any other manner, without Burlington English’s express written consent.

Disclaimer of Third Party Information

To the extent that any information, material, or functionality on the Platform and Services is provided by you and/or third party content providers (“Third Party Materials”), Burlington English has no editorial control or responsibility over such Third Party Materials. Therefore, any opinions, statements, products, services or other Third Party Materials are those of the applicable third party. Burlington English does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party (including any submissions), or represent or warrant that your use of any Third Party Materials will not infringe rights of third parties not owned by or affiliated with Burlington English.

General

These Terms of Use (as applicable) constitute the entire agreement between you and Burlington English with respect to your access to and use of the Platform and the Services. You agree that you shall not contest the admissibility or enforceability of Burlington English’s copy of these Terms of Use in connection with any action or proceeding arising out of or relating to these Terms of Use. Except as expressly provided for herein, these Terms of Use do not confer any rights, remedies, or benefits upon any person or entity other than you and Burlington English. Burlington English may assign its rights and duties under these Terms of Use at any time to any third party without notice. You may not assign these Terms of Use without the prior written consent of Burlington English. These Terms of Use shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. You are responsible for complying with any and all laws of the jurisdiction from which you are accessing the Platform and using the Services and any other jurisdiction whose laws apply to you or your actions. To the extent any portion of these Terms of Use shall be determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms of Use as so modified will remain in full force and effect. Any waiver of any provisions contained in these Terms of Use by Burlington English shall not be deemed to be a waiver of any other right, term, or provision of these Terms of Use. Any rights not expressly granted herein are reserved. Neither these Terms of Use, nor any of the Services, create any partnership, joint venture, employment, or other agency relationship between Burlington English and you. You may not enter into any contract on our behalf or bind us in any way.

You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

Governing Law/Jurisdiction/Claims Limitation

These Terms of Use shall be governed by and construed under the laws of Cyprus, without regard to conflicts of laws, principles or rules. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of any remaining provisions.

All claims and disputes either arising out of or relating to these Terms and the transactions contemplated hereby are to be settled by final and binding arbitration to be held: (i) if you are a resident of the United States, in Palm Beach County, Florida, United States of America or (ii) if you are a resident of any other country, in Nicosia, Cyprus. This agreement to arbitrate is broad, and includes disputes of any type between you and Burlington English arising out of or relating to these Terms or the transactions contemplated hereby. Except for matters relating to arbitrability or to the scope and enforceability of the arbitration provision, all issues shall be for the arbitrator to decide.

The arbitration shall be conducted on a confidential basis. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees.

BY ENTERING INTO THIS ARBITRATION AGREEMENT, YOU HEREBY AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR THE RIGHT TO LITIGATE IN COURT. YOU FURTHER AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR TO SEEK REMEDIES BEYOND THE EXTENT NECESSARY TO PROVIDE INDIVIDUALIZED RELIEF TO, AND AFFECTING, YOU ALONE IN AN ARBITRATION PROCEEDING. YOU AGREE NOT TO ACT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED OR DE FACTO CLASS OR REPRESENTATIVE PROCEEDING, OR AS A PRIVATE ATTORNEY GENERAL, OR ON BEHALF OF THE GENERAL PUBLIC, WHETHER IN ARBITRATION OR OTHERWISE.

Contact Us

Burlington English welcomes any comments or questions you may have regarding these Terms of Use, the Platform, and/or the Services. Please contact us with your comments or questions e-mail at: info@BurlingtonEnglish.com.

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