Last Updated: [July 1, 2021]
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.
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:
- 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;
- 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;
- 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);
- 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;
- Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
- Use any of the Platform’s or Services’ communication features in a manner that adversely affects the availability of its resources to other users;
- Upload or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation, commercial or otherwise;
- Violate any applicable local, state, national, provincial, foreign or international law;
- Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
- Delete or revise any material posted by any other person or entity;
- Probe, scan, test the vulnerability of or breach the authentication measures of, the Platform or any related networks or Platforms;
- 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;
- Harvest or otherwise collect information about others, including e-mail addresses;
- Use any modified versions of the Platform or the Services, for any reason whatsoever, without the express written consent of Burlington English;
- Attempt to gain any unauthorized access to the Platform, the Services, including computer Platforms, software, or networks; or
- Use any robot, spider, scraper, or other automated or manual means to access the Platform or the Services.
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.
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.
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
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.
Governing Law/Jurisdiction/Claims Limitation
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.